Innocent until proven guilty. We all say this without thinking about it. We think we know what it means, and we believe it to be inalienable. There are many ways in which it simply isn’t true. If a court has substantial grounds to believe that you might fail to surrender, interfere with witnesses or commit […]
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Natasha’s Law
Natasha’s Law has it’s origin in a tragic case in July 2016. Natasha Ednan-Laperouse boarded a flight from Heathrow Airport to Nice with her father. Prior to departure, she ate an artichoke, olive and tapenade baguette purchased from the main Pret a Manger shop in Terminal 5. Natasha had a severe allergy to sesame seeds […]
Uxbridge Magistrates Court: Acquittal in HS2 Protest Case
Abigail Ashford of our City of London office represented Laura Hughes of the Extinction Rebellion movement; who was today acquitted alongside her Co-Defendant at Uxbridge Magistrates Court; having been charged with an offence of aggravated trespass, following their participation in a protest against the proposed “HS2” project, back in December 2018. Full details of the case […]
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The Ethics Of Unexplained Wealth Order
In May 2019, the National Crime Agency (NCA) issued an Unexplained Wealth Order (UWO) (the recipient cannot be named for legal reasons). It is the second time the use of this new weapon against anti-corruption has been employed. The suspect is a “politically exposed person” and suspected of being involved with organised crime. He has […]
Digital Investigation Into Sexual Offence Cases
Victims of crime, including those alleging rape and sexual assault, will now be asked to give their consent to the police to access their mobile phones. The police can then look at emails, messages and photographs relevant to the investigation. The Director of Public Prosecutions, Max Hill, has said that the police are limited to […]
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Upskirting Law
In April 2019, we wrote an article about the introduction of the landmark Voyeurism (Offences) Act 2019, which made the crime of “upskirting” punishable by way of a prison sentence of up to 2 years. The Voyeurism Act made changes to the Sexual Offences Act 2003, making it an offence to operate equipment or record […]
Convicted in Absence – Statutory Declarations
I was in our local Magistrates court the other day when I was approached by a young man and his mother. He had been convicted of using a mobile phone whilst driving. He was a probationary driver, and as the offence carries obligatory endorsement of 6 penalty points, his licence had been revoked and he […]
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Driving in Adverse Weather – Penalties
Even though most drivers know about clearing snow and ice from their windscreen, many are unaware of the potential to be penalised even if the covering has no impact on their vision. Here are some areas where a driver may be penalised when driving in adverse weather. Driving in Adverse Weather Guidelines Section 229 of […]
Assault on Emergency Workers
The Assault on Emergency Workers (Offences) Act 2018 (the Act) came into force on 13th November 2018 in response to increasing assaults on emergency workers. The Act does not create a new, freestanding offence, rather it provides that where the offence of common assault or battery is committed against an emergency worker acting in the […]
Police Interview Under Caution? Be Cautious
There may be a time when you are interviewed by the police. Whether you request a solicitor to be present during the police interview under caution or not, you should be cautious with what you say in these interviews. Many of us have a great deal of trust towards the police, and believe that justice […]
Breach of Court Orders: Papa Don’t Breach
New Guidelines: Breach of Court Orders The Sentencing Council has published new guidelines which came into effect on the 1st October 2018. Now, if you breach a court order imposed you will be subject to harsher punishment. The guidelines address breaches such as Community Orders and Suspended Sentence Orders and deals with 8 others, including […]
Do I have to give the Police my phone PIN?
In this day and an age, our most intimate and personal lives are on our phones. Whether that is banking details and apps, texts and emails, dating and relationship apps, photographs of friends and family, and even maybe the odd “personal” photograph of ourselves. It’s not hard to understand why we keep our digital devices […]
Should smacking children be banned?
The current law on Smacking Children At present parents can ‘smack’ or physically chastise a child so long as it is deemed ‘reasonable’. This defence is not available where the accused is charged with wounding, causing GBH, ABH or cruelty to persons less than 16 years of age. However, its remains available for parents against […]
Police Roadside Eyesight Test: Keep Your Eyes Peeled
You might have noticed the press writing a lot about police forces undertaking random checks on motorists and revoking licences at the roadside. We thought it might be helpful to have a look at this and provide some accurate information. What power do the police have to conduct a Roadside Eyesight Test? If you are […]
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A Prima Facie Case – “No Case to Answer”
A prima facie case is an early session for a court to determine whether the prosecution can proceed to trial with the defendant fully for the crime. At the end of this presentation it may be possible for the client’s defence to present an argument that there is ‘no case to answer’. The ‘no case […]
Dog Control Orders
The most popular pet owned in the UK is a dog, with nearly 25% of the population owning one. However, many owners are unaware of the potential consequences that can follow from owning a dog. Being accused of failing to keep that dog under control can lead to Dog Control Orders, and in the worst […]
A Specimen of Breath
If you are suspected of driving with excess alcohol in your body, you may be asked to provide a specimen of breath or breath sample at the roadside. This will usually be done by breathing into a ‘breathalyzer’. If that sample is positive, you are likely to be arrested and taken to the police station. […]
HMO: What You Need To Know
“HMO” stands for House of Multiple Occupancy. Under the Housing Act 2004 it is a criminal offence to operate an unlicensed HMO, where a licence is required. This can be a confusing area for even experienced practitioners to negotiate, so it is no surprise that an increasing number of people seem to be getting caught […]
Manslaughter Offences – New Sentencing Guideline
The Sentencing Council, responsible for setting sentencing guidelines in England and Wales, has issued a new guideline in relation to manslaughter offences. [Edit: this article was originally published in July 2018, and may not be fully accurate. If you require advice, assistance or reputation for anything related to manslaughter, please contact our solicitors now.] If […]
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How we can help with inquests
When a loved one dies your life can be turned upside down. If your loss is then complicated by the need for an Inquest to establish the cause of death, it can be simply overwhelming. The Inquest hearing itself can be very daunting, taking place in a formal court room type setting; often with several […]