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…
Covid 19 Lockdown – the law The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 imposes several restrictions. Over the last week, the police have been keen to enforce compliance, even calling out the MP Stephen Kinnock over social media for visiting his father on his birthday. Given the importance of protecting the NHS, it is…
At 2 pm on Saturday 21 March 2020, a law came into force which forced the closure of some businesses. This law was enacted by virtue of The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (and mirror regulations that apply in Wales). The statutory instrument was made in exercise of the powers conferred by…
A defendant has the right to a fair trial within a reasonable time. In exceptional cases, a delay will lead to a stay of proceedings as an abuse of process. A stay of proceedings is an extremely rare outcome, with the Court of Appeal making the following observation in R v PS [2013] EWCA Crim…
The use of intermediaries during criminal trials is becoming increasingly commonplace. An intermediary may be used to assist any witness, including a defendant, give evidence. The functions of an intermediary “Intermediaries are communication specialists (not supporters or expert witnesses) whose role is to facilitate communication between the witness and the court, including the advocates. Intermediaries…
As the UK prepares to move into the ‘delay phase’, changes are expected to criminal justice procedure. So, what might be expected to change? Criminal Investigations In the event of any public disorder, work on low priority criminal investigations may slow or stall entirely as police resources are diverted elsewhere. Most police custody suites hold…
Circumstantial evidence is widely misunderstood, and many people cannot understand how a case can be advanced without primary evidence of wrongdoing. To illustrate this, we can use two examples relating to burglary. Burglary can be committed in quite a few different ways, but the most common allegation is that a person entered a building as…
Many professionals are held by their regulators to a higher standard than other members of the public. Conduct which may fall well short of being criminal in nature may nonetheless excite the interest of a regulator, with the potential for censure. In the most recent case of Diggins v Bar Standards Board [2020] EWHC 467…
