News
Burglary offences; New proposed sentencing guidelines
The Sentencing Council has announced a consultation on the revision of sentencing guidelines for domestic, non-domestic and aggravated burglary offences. The existing burglary definitive guideline was the second to be developed by the Sentencing Council and came into force under criminal law in 2012. The proposed guidelines have been developed following an evaluation of the existing ones. The...Read More
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Malicious Communications offences and Holocaust Denial
In Israel and some 16 European countries, there is a specific offence of Holocaust denial. Holocaust denial is denying that the genocide of Jews took place by the Nazis in the Holocaust. Deniers will, for example, say that significantly less than the accepted number of Jews died, that the camps were not used for murder or that the Nazis simply wanted to deport Jews rather than exterminate...Read More
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Stalking and Stalking Protection Orders
A former premier league footballer, Shayne Bradley, recently pleaded guilty to stalking a former girlfriend. It was said he followed her, watched her house, sent mails and made abusive phone calls. He hid in hedges near her home and set up a fake dating profile to make contact. The conduct was over a four-month period, but he also breached bail conditions that were imposed. He was sentenced to...Read More
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Life sentences with further orders
A recent Court of Appeal case has ruled on the appropriateness of protective orders when a life sentence is in place. In GD’s case, the Court imposed a Sexual Harm Prevention Order (SHPO) alongside an indeterminate life sentence. On appeal, the question was whether making the SHPO was wrong in principle. GD had committed several serious sexual offences against children, hence the life...Read More
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Assault sentencing guidelines to be updated
The existing assault sentencing guidelines came into effect in January 2012; at the same time, the attempt murder guideline was revised. Following an “extensive and complex project”, new sentencing guidelines have been announced for certain violent offences, including new guidance for assaults on emergency workers. Sentencing guidelines are referred to by any sentencing tribunal to...Read More
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Child sex offences
Draft revised sentencing guidelines have been produced to reflect recent Court of Appeal judgments. The guidelines clarify sentencing guidance for cases where no sexual activity occurs or where the targeted child does not exist. The rise of ‘paedophile hunters‘ and the use of undercover police officers to catch online offenders attempting to commit child sex offences has led to a...Read More
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Hillsborough Prosecutions
The events of 15th April 1989 at Hillsborough were a terrible tragedy, in which 96 people lost their lives. What followed in the immediate aftermath was an attempt to blame the Liverpool supporters for what happened, and to exonerate the police of all wrongdoing. Eventually, in 2016, a new inquest found that the 96 had been unlawfully killed and a series of criminal prosecutions began. The...Read More
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Coercive and controlling behaviour
The offence of controlling and coercive behaviour has been on the statute books for a few years now but has recently hit the headlines. Ruth Dodsworth is an ITV Wales presenter who met her ex-husband, Jonathan Wignall, in 2001. She became the primary income earner when his business started to collapse, and his alcohol intake increased. It was at this time that his behaviour began to change to...Read More
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BBC in the Dock for Contempt of Court
The British Broadcasting Corporation (‘BBC’) found itself in the embarrassing position of being fined £28,000 recently after admitting being in contempt of Court. Why was the BBC in trouble? On the morning of 17 November 2020, the BBC made a video and audio recording of half a day’s hearing in the Planning Court before Holgate J. The Judge was hearing argument on the first...Read More
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Parole Board Hearings – Public Scrutiny
Currently, all parole hearings are held in private – this is set out in legislation in the Parole Board Rules. Following a consultation exercise, the government has now committed to opening up the hearings and allowing public access. Legislative change is expected in the next few months. The government has stated that: ‘…we are persuaded that the current blanket ban in legislation...Read More
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