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Posted by edelegal | 09 October 2019| Blog

The Sentencing Council is consulting on a new guideline for some of the most commonly prosecuted firearms offences. At the moment, guidance is to be found only in case law, and this can lead to a challenging sentencing exercise.   The purpose of the guideline is to provide consistency in sentencing, and the impact assessment...

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Posted by edelegal | 08 October 2019| Blog

The somewhat arcane topic of diplomatic Immunity has hit the news headlines following the tragic death of 19-year-old Harry Dunn, as a result of a road traffic collision.   It has been confirmed that the wife of an American diplomat has returned to the United States and will not face a further criminal investigation in...

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Posted by edelegal | 02 October 2019| Blog

At the Conservative Party Conference this week, the government indicated that it was to get tough on offenders who commit some of the most serious offences, with automatic release at the half-way point being removed in many cases.   Figures for 2018 disclose that for the most serious sexual and violent offences (those that carry...

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Posted by edelegal | 01 October 2019| Blog

The EU has published a report, ‘Rights in practice: access to a lawyer and procedural rights in criminal and European arrest warrant proceedings’, that details the extent to which fundamental human rights, in the context of criminal justice, are upheld across the EU.   Why is this important?   Protecting the rights of anyone suspected...

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Posted by edelegal | 25 September 2019| Blog

Janet Commins was born on 9 June 1960. On 7 January 1976, shortly after 7.00 pm, she left her home in Flint to meet friends at the local swimming baths. She left a note for her parents, as she often did, to say that she would be back at around 8.30 pm. She saw her...

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Posted by edelegal | 24 September 2019| Blog

In some instances, it is not convenient for a witness to be present in court to give evidence, generally because they live or work some distance away from the court, or some other good reason.   There are legal provisions that cater for this scenario, and while the prosecution widely uses them (notably for police...

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Posted by edelegal | 18 September 2019| Blog

What is gait?   Gait, quite simply, is how a person walks, the movement of limbs.   How does this relate to criminal law?   With the ever-increasing use of CCTV, the identification of offenders from footage is also increasing. Sometimes a face cannot clearly be seen, either because it is covered or because the...

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Posted by edelegal | 18 September 2019| Blog

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.   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...

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Posted by edelegal | 11 September 2019| Blog

It is a common feature of American courtroom drama that a defence attorney moves to remove a juror that they do not like the look of. Many clients wonder whether the same type of challenge can take place in an English courtroom.   The Jury Pool   In some circumstances there can be a challenge...

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Posted by edelegal | 09 September 2019| Blog

A cut-throat defence is where one defendant gives evidence that is damaging to a co-defendant’s case, sometimes going 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 more than one in some cases) as a positive...

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