Legal Guidance
Responding to a Minded to Bar Letter
Receiving a Minded to Bar letter from the Home Office’s Disclosure and Barring Service (‘DBS’) can come as a complete shock. The brutal tone in which these letters are worded can also be incredibly upsetting. If you receive a Minded to Bar letter, you must contact our DBS Solicitors immediately as there is a strict time […]
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Read ArticleAmerican XL Bully Dog Owners – Advice from a Solicitor
At the end of 2023, the government plan to add the American XL Bully Type Dog to the list of banned breeds in the UK. But what does the legislation mean, and what should you do if you own an American XL Bully? If you are an owner of an American XL Bully, here’s what […]
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Read ArticleUnderstanding The Changes to Pre-Charge Bail
Recent changes to legislation mean that if you are suspected of committing a criminal offence, you are more likely to be released on pre-charge bail than released under investigation (“RUI”). The changes came into force in November 2022 under Schedule 4 of the Police, Crime, Sentencing and Courts Act 2022. We understand that many people […]
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Read ArticleHow Indecent Images Are Defined and Categorised
Between 2016 and 2021, over 100,000 child abuse image crimes were recorded by UK police forces. According to the NSPCC, the number of offences related to possessing, taking, making, and distributing child abuse material tipped at 25,281 in 2020/21. This was up 37% from 2016/17 and the total number of offences recorded over the five […]
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Read ArticleAntique Firearms Law – Do You Need A Licence?
Firearms, like anything else, are collectables, and valuable ones at that. George Washington’s two saddle pistols went for around $1 million each when they were last auctioned in 2002. Antique firearms are often inherited or may be purchased as part of a historic artefact collection. You may initially think that such relics would be beyond […]
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Read ArticleInternational Crypto Regulation – Around the World
In recent months we have written about how the regulatory approach to cryptocurrencies and cryptoassets in the UK and around the world is starting to mature. Until recently, the regulation of this sector has been disorganised and highly ineffective, but things are beginning to change for the better, albeit slowly, and in different ways in […]
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Read ArticleFare Evasion Law: Penalisation in the UK for Fare Evasion
The penalties for fare evasion offences are governed by a framework of Government Statute Law and local Byelaws. They are relevant for both the civil and criminal pathways of a particular matter. A fare evasion allegation will typically start with a conversation between a commuter and a Revenue Protection Officer (RPO). During that conversation, the […]
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Read ArticleDisqualified from Driving – Exceptional Hardship
12 PENALTY POINTS AND 6 months driving Disqualification “Any driver facing the imposition of 12 penalty points upon their driving licence faces a mandatory 6 months disqualification from driving” This statement is of course true unless you argue and persuade the Court that a 6-month driving ban will cause ‘exceptional hardship’ to you or any […]
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Read ArticleDeferred Prosecution Agreements
For any company facing criminal proceedings, especially those involving financial fraud and bribery, it is important to understand the legal options available to mitigate the potential damage. One such route is to pursue deferred prosecution agreements (DPA). Here we outline the purpose of a deferred prosecution agreement, how a company can maximise its chances of […]
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Read ArticleAre we still innocent until proven guilty?
Innocent until proven guilty. We all say this without thinking about it. We think we know what it means, and we believe it to be inalienable. There are many ways in which it simply isn’t true. If a court has substantial grounds to believe that you might fail to surrender, interfere with witnesses or commit […]
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Read ArticleNatasha’s Law
Natasha’s Law has it’s origin in a tragic case in July 2016. Natasha Ednan-Laperouse boarded a flight from Heathrow Airport to Nice with her father. Prior to departure, she ate an artichoke, olive and tapenade baguette purchased from the main Pret a Manger shop in Terminal 5. Natasha had a severe allergy to sesame seeds […]
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Read ArticleDigital Investigation Into Sexual Offence Cases
Victims of crime, including those alleging rape and sexual assault, will now be asked to give their consent to the police to access their mobile phones. The police can then look at emails, messages and photographs relevant to the investigation. The Director of Public Prosecutions, Max Hill, has said that the police are limited to […]
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Read ArticleUpskirting Law
In April 2019, we wrote an article about the introduction of the landmark Voyeurism (Offences) Act 2019, which made the crime of “upskirting” punishable by way of a prison sentence of up to 2 years. The Voyeurism Act made changes to the Sexual Offences Act 2003, making it an offence to operate equipment or record […]
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Read ArticleConvicted in Absence – Statutory Declarations
I was in our local Magistrates court the other day when I was approached by a young man and his mother. He had been convicted of using a mobile phone whilst driving. He was a probationary driver, and as the offence carries obligatory endorsement of 6 penalty points, his licence had been revoked and he […]
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Read ArticleDriving in Adverse Weather – Penalties
Even though most drivers know about clearing snow and ice from their windscreen, many are unaware of the potential to be penalised even if the covering has no impact on their vision. Here are some areas where a driver may be penalised when driving in adverse weather. Driving in Adverse Weather Guidelines Section 229 of […]
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Read ArticleAssault on Emergency Workers
The Assault on Emergency Workers (Offences) Act 2018 (the Act) came into force on 13th November 2018 in response to increasing assaults on emergency workers. The Act does not create a new, freestanding offence, rather it provides that where the offence of common assault or battery is committed against an emergency worker acting in the […]
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Read ArticleBreach of Court Orders: Papa Don’t Breach
New Guidelines: Breach of Court Orders The Sentencing Council has published new guidelines which came into effect on the 1st October 2018. Now, if you breach a court order imposed you will be subject to harsher punishment. The guidelines address breaches such as Community Orders and Suspended Sentence Orders and deals with 8 others, including […]
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Read ArticleDo I have to give the Police my phone PIN?
In this day and an age, our most intimate and personal lives are on our phones. Whether that is banking details and apps, texts and emails, dating and relationship apps, photographs of friends and family, and even maybe the odd “personal” photograph of ourselves. It’s not hard to understand why we keep our digital devices […]
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Read ArticleShould smacking children be banned?
The current law on Smacking Children At present parents can ‘smack’ or physically chastise a child so long as it is deemed ‘reasonable’. This defence is not available where the accused is charged with wounding, causing GBH, ABH or cruelty to persons less than 16 years of age. However, its remains available for parents against […]
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Read ArticlePolice Roadside Eyesight Test: Keep Your Eyes Peeled
You might have noticed the press writing a lot about police forces undertaking random checks on motorists and revoking licences at the roadside. We thought it might be helpful to have a look at this and provide some accurate information. What power do the police have to conduct a Roadside Eyesight Test? If you are […]
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Read ArticleA Prima Facie Case – “No Case to Answer”
A prima facie case is an early session for a court to determine whether the prosecution can proceed to trial with the defendant fully for the crime. At the end of this presentation it may be possible for the client’s defence to present an argument that there is ‘no case to answer’. The ‘no case […]
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Read ArticleA Specimen of Breath
If you are suspected of driving with excess alcohol in your body, you may be asked to provide a specimen of breath or breath sample at the roadside. This will usually be done by breathing into a ‘breathalyzer’. If that sample is positive, you are likely to be arrested and taken to the police station. […]
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Read ArticleKnife Crime: The new sentencing guidelines
As reported in the media on a near daily basis, there has been a significant upturn in the use of knives across the country over the past few years. Parliament published their Knife Crime Briefing on 25th June 2018 which gave statistical support to this worrying trend. In the year ending March 2017 there were 34,700 […]
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Read ArticleThe implications of late disclosure
In the wake of recent reports of Prosecution failures to disclose relevant material on the defence, one of our our High Wycombe office successfully persuaded the Prosecution to discontinue a case following an abuse of process argument she raised, after crucial defence evidence was not served by the Prosecution. Evidence Disclosure: Not disclosed to Defence The case […]
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Read ArticleNew identity rules in criminal cases
It has long been the case that Defendants appearing in criminal proceedings in Court are required to confirm their identity by way of their name, and usually also their date of birth, at the outset of a hearing. However new identity rules will be imposed from today, 13 November 2017. Defendants will be required to […]
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Read ArticleWhat to expect at the Magistrates Court
If you have been charged with a criminal offence your first court appearance will always take place in the Magistrates’ Court. Depending on the seriousness of the charges against you and whether or not you plead guilty or not guilty, your case will be heard in the aforementioned court or transferred to the Crown Court. […]
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Read ArticleAn Alibi in Defence
What is an Alibi? An alibi is a statement by a possible perpetrator of a crime, stating they were ‘elsewhere’ than the scene of the crime at the time the offence was committed. Having an alibi means that there is evidence of the defendant being somewhere else at the time of the crime, and […]
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Read ArticleAdverse Inferences
ADVERSE INFERENCES and Remaining Silent Many of us know about the ‘right to remain silent’ when speaking with the authorities. Though in some circumstances, remaining silent can have a negative impact on your case. This is where your silence can lead the court to draw an ‘adverse inference’ (i.e. a negative conclusion or understanding of […]
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Read ArticleAccomplice to a Crime: Accomplices Information
An accomplice to a crime is a person who becomes equally guilty in the crime of another by knowingly and voluntarily aiding in the committing of an offense. Here our solicitors have provided some key information about accomplices in law including where they are used as a witness in the prosecution of the main party. […]
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Read ArticleSchool Exclusions
A Guide to submitting a Review against a decision to exclude a child from a school or academy The number of fixed period and permanent exclusions is increasing year by year. The Education Act 2011 amended the law governing exclusions however exclusion continues to be difficult and emotive for children, parents, and schools. If as […]
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