Latest

Posted by edelegal | 05 November 2020| Blog

      Today, the 5th November 2020, England enters Lockdown 2 thanks to the increase in COVID19 cases across the country. This means that the The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 are now in force, with fines of up to £10,000 or prosecution for anyone that flouts the regulations. The...

Continue Reading
Posted by edelegal | 08 October 2020| Blog

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...

Continue Reading
Posted by edelegal | 02 October 2020| Blog

Section 7 Road Traffic Act 1988 states that a person who, without reasonable excuse, fails to provide a specimen when required to do so is guilty of an offence. The offence can be punished by up to six months imprisonment and in some cases, also carries mandatory disqualification from driving. In legal terms, the offence...

Continue Reading
Posted by edelegal | 01 October 2020| Blog

The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into effect on 28 September 2020. The regulations: prohibits an employer from allowing a worker to attend any place (except the place where they are required to self-isolate) for any purpose connected to the worker’s employment; sets out the prohibition on knowingly allowing a self-isolating...

Continue Reading
Posted by edelegal | 30 September 2020| Blog

In the criminal courts, we are seeing an ever-increasing number of cases where the court hears evidence from witnesses recounting what apparently happened some years earlier. Of course, in many cases, some of that evidence would have been recorded at the time, by way of a witness statement. Still, it is widespread for such evidence...

Continue Reading
Posted by edelegal | 22 September 2020| Blog

The government has recently approved a proposal to reform the disclosure of criminal records.   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...

Continue Reading
Posted by edelegal | 18 September 2020| Blog

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 as being automatic release, improving confidence and addressing the causes of offending.   Automatic release – the blanket use...

Continue Reading
Posted by edelegal | 11 September 2020| Blog

The Law Commission, which advises the government on law reform has published a report advising changes to laws covering online abuse.   Online abuse is covered in the ‘communications offences’ found in section 1 of the Malicious Communications Act 1988 and section 127 of the Communications Act 2003.   The Law Commission believes that “these...

Continue Reading
Posted by edelegal | 08 September 2020| Blog

In March, nearly 50% of courts were closed, and jury trials were halted to reduce interaction between court users dramatically. Although 90% of courts have re-opened there is a backlog of cases.   The government has announced a series of new measures to address the current delays in criminal courts. Although some lawyers would argue...

Continue Reading
Posted by edelegal | 02 September 2020| Blog

The Official Secrets Act protects the United Kingdom from spying and leaks. The legislation dates back to 1911, 1920, 1939 and was last updated in 1989.   Since then, there have been many advances in data technology and communications affecting the nature of unauthorised disclosures and espionage.   As a result, the Law Commission has...

Continue Reading