The Disclosure and Barring Service

The DBS is a government organisation responsible for the reporting of convictions and other information to employers and other relevant organisations. What Data is Held? The DBS holds three classes of information: Class 1: spent and unspent convictions, cautions, reprimands and final warnings Class 2: class 1 information plus police intelligence information (for example the

Shaken Baby Syndrome

The unlawful death of a child is always a deeply traumatic act and one that shakes any society to its core. For some parents, it represents not only a deeply personal and tragic loss but the beginning of a nightmare. The reality in most murder and manslaughter cases is that the perpetrator is known, and

Dogs – Avoiding a Death Penalty

It is often said that there is no such thing as a dangerous dog, only a dangerous owner. While we often refer to ‘dangerous dogs’ in criminal law, the actual offences relate to dogs ‘dangerously out of control’. Section 10 of the Dangerous Dogs Act 1991 states that: ‘a dog shall be regarded as dangerously

Doctors in the Dock

Many in the medical profession are up in arms following a recent High Court case involving Dr Bawa-Garba (General Medical Council v Bawa-Garba [2018] EWHC 76 (Admin). The case followed on from proceedings before the Medical Practitioners Tribunal which had rules that Bawa-Garba should be suspended from practice for a period of one-year. That ruling

Government Snooping Ruled Unlawful

In a legal challenge brought by the MP Tom Watson, and supported by campaign group Liberty, the High Court ruled that a major plank of the government’s surveillance strategy is unlawful (Secretary of State for the Home Department v Watson MP & Ors [2018] EWCA Civ 70). When Theresa May was Home Secretary, she brought

Revenge Porn Can Be an Expensive Business

“Revenge porn”, the criminal act of posting online intimate sexual pictures/video of a person without their consent, carries a potential prison sentence of up to 2 years, so already there is every reason to think twice before exacting this type of revenge on a former lover. However, celebrity vlogger Chrissy Chambers has taken the matter

Unexplained Wealth Orders

On 31st January 2018, regulations bring into force sections of The Criminal Finances Act 2017 dealing with unexplained wealth orders (UWOs), along with various other related provisions. The purpose of this new order is to allow for certain people who obtain property which would ordinarily be beyond their obvious means, to be required to prove

Appeals Against Sentence

    In this article, we consider appeals against sentence from the Crown Court to the Court of Appeal. The appeal process can be complicated depending on the individual case, but here we outline the basics. Early Indications We ensure that all of our clients are given an early indication of the likely sentence range,

Can I Have a Restraining Order Discharged?

A great many people are subject to restraining orders made under the Protection From Harassment Act 1997. The orders are designed to protect people from harassment and are commonly made in so-called ‘domestic violence’ cases. However, life moves on, and it is quite common for old relationships to be re-established. If this happens before an

Confiscation – The Hidden Sentence

If you were able to listen in to a conference between client and solicitor, you might hear an exchange a little like this one: ‘What am I looking at?’ ‘Around 12-15 months, suspended if you are very lucky.’ ‘Oh, I can live with that!’ ‘But there is something else?’ ‘What?’ ‘You are going to lose