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Posted by edelegal | 24 August 2018| Blog

If you have provided a statement for the prosecution or for the defence you may be called to court to give evidence at the defendant’s trial.   Is there help available for me?   The Witness Service can provide assistance for any witness who has to attend court. This support can be both practical and...

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Posted by edelegal | 13 August 2018| Blog

This article refers to adults, the law for youths is different.   Do I have a right to bail?   The starting point is that you have a “right” to be granted bail. This right can only be taken away in certain circumstances. These circumstances being that the court has substantial grounds to believe that...

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Posted by edelegal | 08 August 2018| Blog

If you are suspected of driving with excess alcohol in your body, you may be asked to provide a breath sample at the roadside. If that sample is positive, you are likely to be arrested and take to the police station.   Why do I have to do it again at the police station?  ...

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Posted by edelegal | 06 August 2018| Blog

Essentially, the crime is made out if you intentionally or recklessly damage property. Most commonly it is damage to cars and windows, very often as an act of revenge.   The damage does not need to be permanent. There have been cases where graffiti, water-soluble paints on a pavement and squashing a policeman’s helmet have...

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Posted by edelegal | 01 August 2018| Blog

Agent provocateur is French for “inciting agent”, an entrapment situation where a person is enticed, incited or encouraged into committing an offence that he would not have otherwise committed.   How does it relate to criminal law?   The police frequently use undercover police officers in relation to drugs offences. An officer becomes familiar with...

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Posted by edelegal | 31 July 2018| Blog

The Sentencing Council, responsible for setting sentencing guidelines in England and Wales, has today issued a new guideline in relation to manslaughter offences.   Which offences are covered?   The guideline covers:   Unlawful act manslaughter – a common law offence Gross negligence manslaughter – a common law offence Manslaughter by reason of loss of...

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Posted by edelegal | 25 July 2018| Blog

In the UK we have not had the death penalty for over 50 years. The last hanging in England took place in 1964 when Peter Allen and Gwynne Evans were hanged for the murder of John West, 15 months before the death penalty was abolished.   Since then there has been a long-held opposition to...

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Posted by edelegal | 23 July 2018| Blog

In July 2014 the BBC filmed a search of Sir Cliff Richard’s property by the South Yorkshire Police. He was not arrested for any offence.   South Yorkshire Police provided the BBC with information that enabled them to be present at the scene. The disclosure given was that he was under investigation and the date,...

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Posted by edelegal | 19 July 2018| Blog

It should be easy enough, shouldn’t it? Yes or no?   As always, life and the law are more complicated than that, and the issue of consent is not so simple.   What is consent?   A person consents if she or he agrees by choice and has the freedom and capacity to make that...

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Posted by edelegal | 17 July 2018| Blog

Or is it?   The Health and Safety Executive is the national regulator for workplace health and safety.   Interestingly, on its website, there is a page for debunking health and safety myths, such as the one where flags were banned from civic cars for “health and safety”, or the removal of alcohol from a...

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