Jurors – When They Misbehave

[Image credit: “Alternate Juror” by EpicTop10.com is licensed under CC BY 2.0] Jurors take an oath to try a case solely on the evidence heard in court, to do otherwise risks a significant miscarriage of justice. At the outset of every criminal trial, and often at frequent points during it, a Judge will remind jurors of this rule. On

Court Clarifies Release Provisions

[Image credit: “The Royal Courts of Justice” by R/DV/RS is licensed under CC BY 2.0] The High Court this week confirmed that the new release provisions, applying to some offenders, operate retrospectively. The court was hearing a challenge to the Terrorist Offenders (Restriction of Early Release) Act 2020, which provides that persons convicted of certain offences will not be

Losing Your Home For a Crime You Did Not Commit

[Image credit: “Henry Street sign” by Adrian Cable is licensed under CC BY-SA 2.0] It is now a common feature of criminal cases that confiscation of an offender’s assets is considered following conviction. The Proceeds of Crime Act 2002 is designed to prevent a person from benefiting from the proceeds of crime. Typical Scenario “Jack and Jill have been

Sexual Offences and the Issue of Consent

[Image credit: “Intimacy at New Year #1” by Thijs Paanakker is licensed under CC BY 2.0] A vast number of sexual offence cases revolve around the issue of consent. In everyday terms, the ‘consent issue’ should be straightforward, either someone did, or did not, consent to sexual intimacy. In real life, particularly in the context of sexual relationships, deciphering

No Free Ride for Private Prosecutors

[Image credit: “£50 note” by HowardLake is licensed under CC BY-SA 2.0] A peculiar aspect of the criminal costs regime is that a private prosecutor can apply for their costs to be paid by the State, regardless of whether they win or lose the case. This situation allows persons to pursue prosecutions which other bodies such as the Crown

Sentencing – Beware the Cliff Edge

[Image credit: “Cliffs of Moher” by Ian Capper is licensed under CC BY-SA 2.0] Ellis Thomas pleaded guilty to a relatively minor public order offence and was sentenced to a community penalty. This penalty becomes the subject of Court of Appeal proceedings due to the following set of facts: “It was imposed on the appellant in the Crown Court

Encrochat and ‘Operation Venetic’

[Image credit: National Crime Agency, Crown Copyright reproduced under licence] The National Crime Agency this week announced that it had infiltrated the secure messaging system ‘Encrochat’, said to be used exclusively by people engaging in criminal activity. Operation Venetic has so far resulted in 746 arrests, and the seizure of: • Over £54million in cash•

Jury Trials and Covid 19

[Image credit: “The Royal Courts of Justice” by R/DV/RS is licensed under CC BY 2.0] Jury Trials and Covid 19 In a startling announcement, Justice Secretary Robert Buckland admitted that the right to a jury trial is in his sights and might be curtailed in a few weeks time. Before the Coronavirus pandemic, the Crown Court case backlog was

A Summer of Protest?

(Image: “protest” by jpbourque is licensed under CC BY-SA 2.0) As we slowly exit the Covid19 ‘lockdown’ we have seen several protests in major cities. As life moves toward a more ‘normal’ footing, whatever that may be, and as we enter the Summer months, protest action may likely increase. In this article, we explore some of the legal powers