Prosecution Guidance for Illegal entry to the UK
The Crown Prosecution Service and law enforcement agencies have agreed a consistent approach to the handling of illegal entry cases for those entering the UK via small boats and lorries. Their guidance has been updated in the sections regarding small boats and larger vessels, passengers and prosecution strategy/international enquiries. It is primarily concerned with prosecuting those who bring...Read More
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A policeman, a taser and manslaughter
Benjamin Monk, a police officer, has been sentenced for the manslaughter of Dalian Atkinson, who died in 2016. Dalian Atkinson was an ex-footballer who had played for several clubs, including Manchester City and Aston Villa, before retiring from the game in 2001. In August 2016, Mr Atkinson was suffering from kidney failure, and it appeared he was suffering from mental health issues and...Read More
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Modern slavery – new sentencing guidelines
The Sentencing Council has the responsibility of developing and monitoring sentencing guidelines. The aim is to promote consistency in sentencing while maintaining the independence of the judiciary. Following a consultation period, the Council has published sentencing guidelines for offences under the Modern Slavery Act 2015. The guidelines apply to adult offenders and cover the following four...Read More
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Trade mark offences – new sentencing guidelines
Trade Mark offences are the latest set of offences to be given sentencing guidelines by The Sentencing Council. The Sentencing Council produces guidelines on sentencing for the judiciary and criminal justice professionals. The aim is to promote greater consistency in sentencing whilst maintaining the independence of the judiciary. The guidelines set sentencing ranges within the maximum for the...Read More
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Record Environment Agency Prosecution
A recent case brought by the environment agency has resulted in Southern Water being fined £90 million after pleading guilty to 6.971 unpermitted sewage discharges which polluted rivers and coastal waters in Kent, Hampshire and Sussex. The offences were held to be caused by deliberate failings; they were widespread and long term breaches causing major harm to protected areas, conservation...Read More
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A MHTR for mentally disordered offenders
The Royal College of Psychiatrists has published a report on mentally disordered offenders in the criminal justice system. They provided a position statement on customising community sentencing for offenders with mental disorder/s. The report states that there are thousands of people in prison because there were no safer alternatives available, such as a mental health treatment requirement...Read More
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Police, Crime, Sentencing and Courts Bill
The Police, Crime, Sentencing and Courts Bill was introduced in the House of Lords in early July and awaits a second reading. The Bill is formed of thirteen parts, including provisions to: introduce measures for the protection of the police; introduce legislation for the prevention, investigation and prosecution of crime; make changes to the policing of protests; create new offences for...Read More
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Renationalised Probation Service
In 2015 reforms were passed to allow some of the National Probation Service responsibilities to be dealt with by private companies. Known as Community Rehabilitation Companies, or CRCs, the companies were responsible for low to medium risk offenders while probation continued to deal with high-risk offenders. Companies were invited to submit tenders in what was described as a “chaotic and...Read More
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Threats to share intimate images
The Domestic Abuse Act 2021 introduced a new offence of threatening to share intimate images, which came into effect on 29th June 2021. Section 69 of the Domestic Abuse Act 2021 creates a new offence of threatening to disclose a private sexual photograph or film in which another individual appears, and by doing so, the person intends to cause distress to that individual, and the disclosure...Read More
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Who is Daniel Morgan?
You may have heard the name Daniel Morgan being mentioned in the media recently. Daniel was a private investigator who would carry out extensive work for the News of the World. He was found murdered in 1987 in a car park with an axe embedded in his head, with no conviction regarding his death. An independent panel has produced a report of their findings from an inquiry into the death. The...Read More
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