Rather than Guy Fawkes or his modern-day counterparts many of the recent cases involving explosives have been in relation to thefts from cash machines. The law is old but still very relevant today; it may not be appreciated that a separate, more serious offence, may be being committed when explosives are used to facilitate another...
The Sentencing Council has published new definitive guidelines for intimidatory offences, it will take effect in respect to all cases sentenced on or after 1 October 2018, so may well affect your current case. Sentencing Council member Judge Rosa Dean said: “Our guidelines recognise and reflect the very intimate, personal and intrusive nature of...
Section 45 of the Serious Crime Act 2015 makes it is an offence to participate in the activities of an organised crime group, this is a new offence created by the 2015 legislation. Why a new offence? The offence was created to work alongside the offence of conspiracy. A conspiracy charge is aimed...
Is it an ASBO? The criminal behaviour order (CBO) replaced the Anti-social behaviour order (ASBO) and can be made if convicted of a criminal offence. There are some key differences between the two orders, but the overall impact is very similar. When can a CBO be made? As long as the two-stage...
The government has published an Offensive Weapons Bill, which is designed to signal a more stringent approach to the possession of weapons and liquids that can be used to cause harm, such as corrosive substances. The Bill forms part of the government’s response to the recent rise in serious violence, set out in the...
How many times have you said something similar? Is it an offence? If you make such a threat, intending that another would fear it would be carried out, you commit an offence of making threats to kill. The offence is under section 16 of the Offences Against the Person Act 1861. Even though...
What are TICs? TICs are offences to be taken into consideration at the time of sentencing. When would I be asked about them? If you have pleaded guilty to an offence or are expected to, or are due to be sentenced, you can admit other offences and ask for them to be...
For certain offences, there are minimum terms of imprisonment that a court must impose, absent exceptional circumstances (or it being unjust), these sentences can be automatically imposed even for a first-time offender, or dependent on certain previous convictions. It is worth noting that the actual sentence may be far in excess of the minimum, dependant...
The government has announced its intention to use new roadside breathalysers, in a move that could see a further 6,000 convictions per year for drink driving. At the moment, the breath test procedure is in 2 stages, a person who tests positive at the roadside will be arrested and taken to a police station for...
Today (7 June 2018), the Sentencing Council has published new guidelines for judges and magistrates for when they are sentencing offenders who have breached court orders. The guidelines provide a clear approach which will mean a tightening up of the way courts deal with offenders who have not complied with a wide range of orders...
