News
The Cut-Throat Defence; a good idea or not?
A cut-throat defence is where one defendant gives evidence that is damaging to a co-defendant’s case. Sometimes that goes as far as directly accusing the other person of the crime, while typically seeking to exonerate themselves. Such evidence may be given directly by a defendant (or defendants) as a positive aspect of their case. Alternatively, it may be elicited by prosecution...Read More
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Attorney-General’s Reference and a Prosecution Appeal
The prosecution, via the Attorney General, has the right to ask the Court of Appeal to consider whether sentences for certain offences are unduly lenient. This is known as an Attorney-General’s Reference. How does the scheme work? Anyone can ask the Attorney General to consider whether a sentence is unduly lenient. If the Attorney agrees an appeal will be lodged within 28 days of that...Read More
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Jailed for stealing £3,000 but not for stealing £22,000? Why?
A Bad Day in Court? Several newspapers recently pondered why ‘one woman is jailed after stealing just £3,000 but another who took £22,000 walks free.” The story was sparked by a tale of two defendants who appeared at the same court centre, on the same day, but faced different judges. The papers concluded that one was unlucky to have been sentenced by a Judge renowned for being...Read More
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Can I get legal aid for my criminal case?
If you are arrested or are appearing in court, one of the first things you will probably ask yourself is ‘can I get legal aid?’. Fortunately, legal aid is still available for many criminal cases. Whether you are eligible will depend upon what level of assistance you need and what your financial circumstances are. At the police station If you are arrested or are being interviewed...Read More
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Delay in Sentencing – Can it work in your favour?
Waiting to know your fate is never easy. When there is a delay in sentencing it gets even harder. There have been widespread reports in the press about spare courtroom capacity, with judicial sitting days at an all-time low. These reports correspond to our own experience and means cases are taking longer to get to court. But can a delay in sentencing work in your favour? Unfortunately, court...Read More
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Courts, Mental Health and a hybrid-order
Ten years for a double killing may not sound a lot, but look behind the headlines and you will find a ‘hybrid-order’. In a truly tragic case, Samantha Ford drowned her 23-month-old twins in the bath. Appearing at the Old Bailey for sentence, the Judge, Mr Justice Edis, handed down a 10-year sentence, causing widespread outrage. Longer sentences are routinely handed down for drug...Read More
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GBH: Grievous Bodily Harm/Wounding, with or without intent
In legal shorthand, we often refer to section 18 or 20 GBH offences. These refer to specific offences under the Offences Against the Person Act 1861. What is the difference between section 18 and section 20? Grievous bodily harm (GBH) or wounding is the second most serious form of assault, below attempted murder. When the offence is committed with the intention to cause GBH, it is an offence...Read More
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Can I get a reduced sentence by helping the police?
You may have heard about ‘texts’ or a ‘brown envelope to the Judge’, some of the names for the old system by which someone could get a reduced sentence. If you helped the police, a ‘text’ may be handed to the sentencing judge explaining that you had assisted and a reduction in sentence may have followed. It was a murky world, clouded in some secrecy and one that few people properly understood....Read More
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Disclosure scandal; an untold story
Over recent weeks, there have been a number of high profile rape cases involving disclosure, or more accurately non-disclosure, of information obtained by the police during their investigations. In a number of these cases, the evidence has come to light before the trial has concluded, leading to the acquittal of the defendants. In at least one case, an innocent man served a lengthy period in...Read More
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Jury Trials: What are they? How do they work?
We talk a lot in this country about the benefits of a jury trial, and how leaving the decision in the hands of 12 people, chosen at random, is the fairest way of securing justice, but how does a jury decide? There is a lot that we do not know Ironically, the process of how a jury reaches its decision is unknown as laws prevent us examining jury decisions and questioning them on their...Read More
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