In Focus

 

The Online Safety Act 2023: New Offences

In the light of the first conviction under this Act just this week at Southend Magistrates Court [1] , we examine the new criminal offences created by the Online Safety Act 2023. The Act received Royal assent on the 26th October. The legislation itself can...

R v Casserly [2024]: Malicious Communications & the Right to Freedom of Expression (Art. 10 ECHR)

Case:  Rex v Thomas Casserly [2024] EWCA Crim 25 On 16 May 2022, in the Crown Court at Chester, the appellant, Thomas Casserly, was convicted after trial of a single count of "sending an indecent or grossly offensive electronic communication...

New Sentencing Guidelines for Perverting the Course of Justice

The Sentencing Council has published guidelines for perverting the course of justice, along with updated guidelines for the offence of witness intimidation. These will take effect as of 1 October 2023 and apply to offenders aged 18 years and older. To read...

Miscellaneous Amendments to Sentencing Guidelines

In response to a recent consultation (following changes in legislation and feedback from users), the Sentencing Council has published a list of miscellaneous amendments to sentencing guidelines. The changes apply to both Magistrates’ Courts and...

Nitrous Oxide - Criminalising Possession As A "Controlled Drug"

On 26 March 2023, the government announced its intention to make the simple possession of nitrous oxide (“laughing gas”) a criminal offence for the first time. It also announced tighter controls on retailers “to prevent the supply of...

PACE Code A and Serious Violence Reduction Orders

PACE Code A was updated on 17 January 2023, alongside the introduction of the SVRO pilot scheme, to begin on the same day. The changes to Code A are contained within Annex G which sets out the source of these powers and how they are intended to be...

Abuse of Process for Lost Evidence: Alive and Kicking

Colin Wells discusses the recent case of ANP [2022] EWCA Crim 1111 in which the Court of Appeal (Criminal Division) considered the circumstances of when a case might be stayed as an abuse of process when important evidence has been lost or destroyed. ...

The Latest EncroChat ruling from the French 'Supreme Court'

In June 2020 the EncroChat hack became public knowledge. Courts across Europe have considered the implications and admissibility of data obtained. This article explores the significance of the latest ruling in France. Case Analysis Summary: The Court of...

Human Rights as a defence to charges of Criminal Damage?

The Court of Appeal concludes that Human Rights law is no defence to charges of criminal damage for protests which result in significant damage to property.   In June 2020, the statue of the trans-Atlantic slave trader Edward Colston was toppled...

To Play or Not to Play? That was the Question...

In the immediate aftermath of the announcement at 18:30 hours on 8 September 2022 of the death of Her Majesty Queen Elizabeth II, UK sports governing bodies, their stakeholders, and national broadcasters had to hurriedly consider how best to reflect the...

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