News
Unduly Lenient Sentences – Scheme to Be Extended
The government has announced changes to the Unduly Lenient Sentence (‘ULS’) Scheme. There are certain offences where the prosecution (via the Attorney General) can ask the Court of Appeal to review a sentence if it is thought to be unduly lenient. Who can apply? Any person who thinks a sentence was unduly lenient can ask the Attorney General to consider a sentence. The Attorney...Read More
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Highbury Corner Magistrates Court
Do you have a case at Highbury Corner Magistrates Court? What can you expect when you get there? Highbury Corner Magistrates Court is situated on Holloway Road, just north of Highbury and Islington station. There are numerous buses and trains that will get you there. You can find more details on the TFL website. Adults who have been arrested and detained, at Holborn Police Station, Islington...Read More
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Terrorism Offences – Tougher Sentences on the Way
The Sentencing Council is consulting on revised sentencing guidelines for several terrorism offences. This is on the face of it a surprising move given that a definitive guideline was only recently implemented. The main legislative changes impacting the guidelines include increases to the statutory maximum sentences for some offences, and an expansion of some offences. As a result of the...Read More
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Stop and Search, and a Section 60 order
The police, with the support of the Home Office, are making more extensive use of stop and search powers. This new approach is partly due to rising public and political concern about knife crime. A hitherto little-used power to extend the use of stop and search is now being widely used by police forces. Section 60 of the Criminal Justice and Public Order Act 1994 allows for stop and search...Read More
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Firearms Sentencing – Consultation on Reform
The Sentencing Council is consulting on a new guideline for some of the most commonly prosecuted firearms offences. At the moment, guidance is to be found only in case law. This can lead to a challenging sentencing exercise. The purpose of the guideline is to provide consistency in sentencing. The impact assessment does not suggest that any general increase in sentences is to be expected....Read More
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Drink Driving and Drug Driving – The Second Sample
In some cases, the police need to take either a blood or urine sample from a driver suspected of drink driving, or driving under the influence of drugs. In almost all instances, the police opt for a blood sample. Part of the procedure is informing the suspect that they can if they wish request part of the sample for independent testing. Despite this vital protection being available, a large...Read More
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Public Order – New Sentencing Guidelines
New sentencing guidelines for public order offences come in to force for adults sentenced on or after 1 January 2020. In August 2008, the Sentencing Guidelines Council published Magistrates’ Court Sentencing Guidelines (MCSG). The guidelines covered a number of public order offences; the offence of affray and summary offences relating to threatening and disorderly behaviour provided for by...Read More
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What is Diplomatic Immunity?
The somewhat arcane topic of Diplomatic Immunity has hit the news headlines following the tragic death of 19-year-old Harry Dunn. Harry died as a result of a road traffic collision outside RAF Croughton in Northamptonshire. CCTV apparently showed the other vehicle involved driving on the wrong side of the road. The wife of an American diplomat has returned to the United States and it appears...Read More
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Rights in Extradition proceedings – A Mere Illusion?
The EU has published a report, ‘Rights in practice: access to a lawyer and procedural rights in criminal and European arrest warrant proceedings’ This report details the extent to which fundamental human rights, in the context of criminal justice, are upheld across the EU. This includes the impact on those facing extradition proceedings. Why is this important? Protecting the rights...Read More
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