News
Serious Violence Reduction Orders – Do they work?
Serious Violence Reduction Orders (‘SVRO’) are a new police stop and search power being piloted by forces in England and Wales. The orders were created by the Police Crime Sentencing and Courts Act 2022. SVROs can be given to people who are convicted of an offence, if the court believes that the individual used or was in possession of a knife or bladed article when the offence was...Read More
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Imprisonment & Family Life
A prisoner with an earliest release date in August 2027 made an application to the Prison Service in relation to participation in fertility treatment. His partner unfortunately suffers from fertility problems, which include a low number of eggs, polycystic ovaries and a blocked and leaking right fallopian tube. Therefore, the couple wished to explore IVF treatment in order that they could...Read More
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Morphine Supply – A tricky sentencing exercise
Sentencing guidelines exist to guide a court when deciding on the appropriate punishment for most drug-related offences. The guidelines reference the most common drugs, such as cocaine and cannabis, but do not expressly cover drugs which are less commonly found in this type of offending. One such drug is morphine. So, what is the approach to be taken? The sentencing guideline states:...Read More
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“XL Bully” – Government Enacts Urgent Reforms
The Dangerous Dogs (Designated Types) (England and Wales) Order 2023 was laid before parliament on 31 October 2023, which has important implications for the owners of the dog breed “XL Bully”. This statutory instrument will be accompanied by other legislative changes that form a package of laws that will fundamentally change the ownership rules in respect to this dog breed. The...Read More
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Cryptoassets and Proceeds of Crime
The Economic Crime and Corporate Transparency Act 2023 has received Royal Assent and, when in force, will implement a large number of changes aimed at fighting economic crime and other illegal activity. One major reform in the Act is in relation to Cryptoassets and how they can be seized under amendments to the Proceeds of Crime Act 2002. What are Cryptoassets? Cryptoassets serve as a...Read More
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Rehabilitation of Offenders
On 28th October 2023 provisions in the Police, Crime, Sentencing and Courts Act 2022 came into effect, enacting changes to the laws in relation to the rehabilitation of offenders. These amendments extend the scope of the Rehabilitation of Offenders At as it applies to England and Wales so that certain custodial sentences of over four years currently excluded from rehabilitation may become...Read More
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Firearms – Further Reforms
The Firearms Act 2023 has received Royal Assent and when brought in to force, will introduce a number of regulatory and criminal law reforms. Miniature Rifle Ranges There is an exemption in firearms law (section 11(4) of the Firearms Act 1968) which allows a person to run a rifle range or shooting gallery where only small calibre rifles or air weapons are used without the need for a firearms...Read More
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Late Abortion Cases – Sentencing
In July 2023, the Court of Appeal quashed a sentence of 28 months imprisonment and substituted a sentence of 14 months imprisonment, suspended for two years. The case concerned an offence of administering poison with intent to procure miscarriage, with respect to a pregnancy in the range of 32 to 34 weeks (so a “late abortion”). This week, the Court published its full judgment,...Read More
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Police Often Lose Vital Case Evidence – New Research
A new study by Professor Carole McCartney of the University of Leicester has shone a light on police handling of materials gathered to support criminal prosecutions. Professor McCartney found: CPS data indicate the potential impact of lost materials on prosecutions, reporting that between October 2018 and August 2021, some 20,838 cases collapsed pre-trial due to missing and lost...Read More
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Sentence Adjournments, Sentencing Reforms & Prisoner Release
Sentencing reforms are once again a hot topic. Recently the prison population has risen to a record number of 88,225, a significant increase on the previous week and only around 500 places short of “operational capacity”, which is the maximum number of prisoners that can be held. Andrea Albutt, president of the Prison Governor’s Association, said: “If the government...Read More
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