News
Sentencing and the issue of ‘psychological harm.’
A number of the definitive guidelines published by the Sentencing Council direct Judges and Magistrates to consider whether the victim of an offence has suffered severe psychological harm. In some guidelines, that question has to be considered at step 1 of the sentencing process: a finding of severe psychological harm places the case into a higher category and thus increases the starting point...Read More
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Drug money & Sentencing – Is Cash Relevant?
When someone is arrested for supplying drugs, it is not uncommon for drug money to be recovered as well. In the case of Mahmood EWCA Crim 1532, the court dealt with the relevance of cash when determining which sentencing category an offence fell into. A large quantity of drugs was seized from Mahmood’s premises along with around £30,000 in cash. The Judge found that the offending fell...Read More
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Dog Theft; Barking Mad?
The theft of animals, and in particular dog theft, has been on the rise for some time. On LBC radio recently the Home Secretary Priti Patel described it as ‘absolutely shocking’ and said that she was in talks about upgrading pet theft to a more serious offence, meaning that more substantial penalties could apply. The results of a BBC freedom of information request showed that five...Read More
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Encrochat; is it admissible?
A vast number of cases are awaiting a criminal trial that will rely, to a greater or lesser extent, on the admissibility of communications made via the supposedly highly encrypted Encrochat service. The Court of Appeal has now issued a ruling following preliminary rulings at Liverpool Crown Court. Whilst this ruling does not mean that guilty pleas are inevitable, for some defendants it will...Read More
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Police Stop and Search – Time to Rethink?
Police forces must explain the disproportionate use of police powers such as stop and search and use of force on Black, Asian and Minority Ethnic people or risk losing the trust of the communities they serve, a report published on the 26th February has found. The Police Service Inspectorate (HMICFRS) aid that despite having more data on the use of force and stop and search, police forces are...Read More
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Court of Appeal Refuses to Correct Early Release Injustice
A recent Court of Appeal case has considered recent changes to the early release provisions. The changes came about on 1 April 2020, when The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 came into force. This statutory instrument’s effect was to alter the early release provisions for some offenders receiving relatively determinate lengthy custodial...Read More
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Search warrants; reform to prevent unlawful searches
The Law Commission has recommended reforms that it says will reduce the number of unlawful search warrants being issued, and to assist in the collection of evidence and investigation of crime. Currently, a police officer or other investigator applies to a magistrate or a judge for a search warrant. If granted, a warrant grants legal authority to enter premises and search for specified...Read More
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A Smarter Approach to Sentencing?
This is the name of the paper presented to Parliament that proposes changes to the sentencing and release frameworks in the criminal justice system. The paper sets out the “problems” they have identified in the system. They are automatic release, improving confidence and addressing the causes of offending. Automatic release – the blanket use of automatic release was said to...Read More
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Disclosure of your criminal record
The government has recently approved a proposal to reform the rules surrounding the disclosure of an individual’s criminal record. A review of the sentencing system found that a critical element in reducing offending was having access to employment. Having unspent convictions can be a barrier to gaining employment, so the proposal is to change the law to reduce the number of people...Read More
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Hate crime – a change of emphasis
The Law Commission is considering proposals to reform hate crime laws. Hate crime is where a victim is targeted, perhaps for an assault, criminal damage or harassment, based on a protected characteristic. What are protected characteristics? Currently, the protected characteristics are race, religion, sexual orientation, disability and transgender identity. Why are reforms needed? The...Read More
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