Local Authority Prosecutions

The local authority has the power to prosecute in respect of a number of types of crime. This could be certain types of benefit fraud, fly-tipping, fraudulent use of a blue badge, health and safety offences, noise nuisance, irregular school attendance, issues with taxi licensing and breaches of planning notices. Can they prosecute anything? Section

Terminating Rulings

When a judge makes a ruling at a crown court trial relating to one or more of the offences faced, the prosecution may have a right to appeal against that ruling. The right to appeal against a terminating ruling is strictly conditional upon certain procedures being followed. The right to appeal requires the prosecution to

Appeals

There are several types of criminal appeals. Appeals against conviction or sentence Cases start in the Magistrates Court. If you want to appeal against a conviction or sentence in that Court, you can appeal to the Crown Court. If you are dealt with in the Crown Court and want to appeal against a conviction or

Mitigation

The dictionary definition of “to mitigate” is to lessen in force or intensity, to make less severe. Mitigation is the act of reducing how harmful, unpleasant or bad something is, something that causes the court to judge a crime to be less serious or to make a punishment less severe. There are obvious mitigating factors

Sentencing outside of the guidelines

The courts are provided with guidelines to assist in determining the appropriate sentence for a wide, and ever-expanding, range of offences. The guidelines provide guidance on factors the court should take into account that may affect the sentence given. Different levels of sentence are set out based on the harm caused and how blameworthy, or

Expert evidence

Expert evidence is used to provide information to the court, which is likely to be outside of the knowledge of the magistrates, judge or jury. Opinion evidence can be given if the expert is qualified to provide such an opinion. Duty of an expert witness An expert is under a duty to help the court