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…
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…
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…
Before a prosecution is commenced, the Crown Prosecution Service must apply two distinct tests. The first is whether there is sufficient evidence to provide a realistic prospect of conviction; If not, the case does not proceed further. If there is sufficient evidence, the second question must be answered, namely whether a prosecution is in the…
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…
In some instances, more than one person can be responsible for causing death by dangerous driving. An unusual case arose recently where the “driver” of a car which was stationary on the hard shoulder was charged with causing death by dangerous driving. “A” was the driver of the car on the hard shoulder. She was…
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 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…
