The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into effect on 28 September 2020. The regulations set out the obligations on an employer and their employees when an employee is required to be self-isolating.
prohibits an employer from allowing a worker to attend any place (except the place where they are required to...Read More
As we slowly exit the Covid19 ‘lockdown’ we have seen several protests in major cities. As life moves toward a more ‘normal’ footing and we enter the Summer months, protests may continue.
In this article, we explore some of the legal powers that regulate processions and assemblies. These can be found in the Public Order Act 1986.
Notifying the police in advance
In cases where there is more than one defendant, it is a common scenario that one or more pleads guilty, perhaps at an early stage, but others continue their case to trial. When should those who plead guilty early on be sentenced?
A question then arises as to whether those who have pleaded guilty earlier should be sentenced immediately, or at some other point.
The starting point is that a...Read More
On Sunday 7 June protesters in Bristol tore down the statue of Edward Colston. It was swiftly deposited it in the local harbour. What many will see as being wholly justifiable, some will see as criminal damage.
The statute had been in situ for 125 years and had previously attracted a petition of over 10,000 names calling for its removal. This is due to Colston’s close connection to the...Read More
‘No’ is the simple answer. However, it is more complicated than that.
Before a prosecution is commenced, the Crown Prosecution Service must apply two distinct tests.
The first is whether there is sufficient evidence to provide a realistic prospect of conviction; If not, the case does not proceed further.
If there is sufficient evidence, the second question must be answered, namely...Read More
The dictionary definition of “to mitigate” is to lessen in force or intensity, to make less severe. Mitigation is the act of reducing how harmful, unpleasant or bad something is. It is something that causes the court to judge a crime to be less serious or to make a punishment less severe.
There are obvious mitigating factors that most people know about. These include...Read More
In some instances, more than one person can be responsible for causing death by dangerous driving.
An unusual case arose recently where the “driver” of a car which was stationary on the hard shoulder was charged with causing death by dangerous driving.
“A” was the driver of the car on the hard shoulder. She was the designated driver taking her drunk friends’ home in...Read More
Sentencing is a complex process. Consequently the courts are provided with guidelines by the Sentencing Council. These assist in determining the appropriate sentence for a wide, and ever-expanding, range of offences.
The guidelines provide guidance on factors the court should take into account that may affect the sentence given.
Different levels of sentence are set out based on the harm...Read More
Expert evidence is used to provide information to the court, which is likely to be outside of the knowledge of the magistrates, judge or jury. Opinion evidence can be given if the expert is qualified to provide such an opinion.
Duty of an expert witness
An expert is under a duty to help the court by giving opinion which is objective and unbiased in relation to matters within their expertise....Read More
This article was posted in March 2020, shortly after the initial restrictions were imposed.
There has been much confusion about what you can and cannot do during the current lockdown. The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 imposes several restrictions.
Since the lockdown began last week, the police have been keen to enforce compliance, even calling out the...Read More