It has long been the case that Defendants appearing in criminal proceedings in Court are required to confirm their identity by way of their name, and usually also their date of birth, at the outset of a hearing. However new identity rules will be imposed from today, 13 November 2017. Defendants will be required to […]
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Dishonesty: Landmark Judgement Redefines Meaning
In the recent judgment of Ivey v Genting Casinos Ltd Crockfords, the court stated that the 35-year-old two-stage test defined in R v Ghosh [1982] EWCA Crim 2 has ‘serious problems’ and that it does not correctly represent the law. The court unanimously dismissed an appeal from Phil Ivey to recover winnings from a 2012 […]
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Racial Bias Within the Criminal Justice System in England and Wales?
We’ve recently discussed diversity issues in the justice system. Further to this Labour MP, David Lammy has recently published a highly critical report stating prosecutions against certain black and minority-ethnic suspects should be deferred or dropped in order to help tackle the bias against them. According to his report, young people are nine times more […]
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Testing for EDS IV in cases of non-accidental shaken babies
An important new area of investigation has opened with regard to explaining possible ‘shaken baby’ cases. Richard Wainman, solicitor in our High Wycombe Office, acted on behalf of the child through her Guardian in the case of Buckinghamshire Council Council v Andrews and Stillwell [2017] EWFC B19. Suspicions of Non-Accidental Injury to Infant Child In […]
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What to expect at the Magistrates Court
If you have been charged with a criminal offence your first court appearance will always take place in the Magistrates’ Court. Depending on the seriousness of the charges against you and whether or not you plead guilty or not guilty, your case will be heard in the aforementioned court or transferred to the Crown Court. […]
R V RH and Another – Appeal Against Sentence
Citation: [2016] EWCA Crim 1754 Child Abduction Advocate: Tony Bignall Crown Court Annex: Bristol Summary Both these cases which are connected have been referred to the full court by the Registrar. Each involves an offence of child abduction. There is no guidance on sentencing from the Sentencing Guidelines Council or Sentencing Council. The offences can […]
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An Alibi in Defence
An alibi is a statement by a possible perpetrator of a crime, stating they were ‘elsewhere’ than the scene of the crime at the time the offence was committed. Having an alibi means that there is evidence of the defendant being somewhere else at the time of the crime, and therefore they couldn’t have committed […]
Adverse Inferences and Remaining Silent
Many of us know about the ‘right to remain silent’ when speaking with the authorities. Though in some circumstances, remaining silent can have a negative impact on your case. This is where your silence can lead the court to draw an ‘adverse inference’ (i.e. a negative conclusion or understanding of the person’s position). Below we […]
New Penalties for Using Mobile Whilst Driving
Notice has been served on any driver tempted to use a mobile telephone whilst driving a vehicle. Two amendments to the law on mobile telephone use while driving come into force on 1st March 2017. The combined effect of The Road Traffic Offenders Act 1988 (Penalty Points) (Amendment) Order 2017 and The Fixed Penalty (Amendment) […]
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Accomplice to a Crime: Accomplices Information
An accomplice to a crime is a person who becomes equally guilty in the crime of another by knowingly and voluntarily aiding in the committing of an offense. Here our solicitors have provided some key information about accomplices in law including where they are used as a witness in the prosecution of the main party. […]
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School Exclusions
A Guide to submitting a Review against a decision to exclude a child from a school or academy The number of fixed period and permanent exclusions is increasing year by year. The Education Act 2011 amended the law governing exclusions however exclusion continues to be difficult and emotive for children, parents, and schools. If as […]
IPPs – Parole Board Reforms
The IPP (Imprisonment for Public Protection) sentence was abolished in 2012. However, those who remain subject to incarceration under the provisions of this sentence will be aware of the difficulties encountered in securing progression or release. This is often for various reasons such as Parole Board delays, limited resources, poor procedures for managing risk and […]