In Focus

 

Staying Power: two important clarifications on abuse of process

In 2026, so far, the Court of Appeal has clarified two important points regarding the law of abuse of process. The first is how to consider whether the police’s failure to obtain relevant evidence has made a fair trial impossible, the second is the...

I spy with my little eye . . . an unprecedented sporting sanction with far-reaching consequences

For breaching spying (observing) rules on an opponent before a game, a seismic decision was reached by the independent disciplinary commission of the English Football League (EFL) in its written reasons of 19 May 2026 (upheld on appeal the following day) to...

The Use of Facial Recognition Technology in London

(Judicial review - police use of facial recognition technology in London – Shaun Thompson and another -v- The Metropolitan Police Commissioner (2026) EWHC 915 (Admin) ) THE RECOGNITION SOFTWARE First adopted in September 2024, the Metropolitan...

Changes to the Bail Act 1976 (from 22 March 2026)

Practitioners should be well aware by now of the changes to sentencing practice brought about by Part 1 of the Sentencing Act 2026 with effect from 22 March 2026, significant among which is the presumption in favour of a suspended sentence order for...

MISCONDUCT IN A PUBLIC OFFICE - HARD TO PROVE?

Talking heads relied on by the media have invariably described the offence of misconduct in public office as hard to prove. Is that right and, if so, what does it signify? As a common law offence, it has evolved in case law. Although prosecutions misconduct...

Sentencing after the Sentencing Act 2026

Sentencing Principles Presumption of Suspended Sentences for sentences under 12 months [Comes into force 22 March 2026] The SA2026 represents a welcome move towards widening the breadth of sentences that can be served in the community. There will now be...

A Metropolitan Police employee but not a "public officer"

In a recent case before Southwark Crown Court, R v Pearce , which concerned two counts of misconduct in public office, HHJ Baumgartner found that a Metropolitan Police (MPS) employee was not a “public officer” within the meaning of the law. The...

Time to Go

The latest available figures at the time of writing point to the estate for male prisoners in England and Wales being at near full capacity; approximately 99%. In order to ease the burden of our overcrowded prisons, between October 2023 and June 2025...

Representing Neurodivergent Defendants

Those working in the criminal justice system (CJS) and directly with defendants will be familiar with the shock, uncertainty, and fear that can accompany prosecution. For neurodiverse defendants, the court process can be all the more confusing and stressful....

The Final Chapter

TOM HAYES AND CARLO PALOMBO: THE LIBOR/EURIBOR SAGA - THE FINAL CHAPTER Mr Hayes was the first person to be prosecuted by the SFO in connection with attempts to influence key benchmark rates of interest used in financial markets; in his case the...

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