Criminal Law Updates

  • 16 January 2017

    Whereas, under section 22 (Archbold, 2017, § 5-1206) of the Anti-social Behaviour, Crime and Policing Act 2014 (CLW/14/11/25), the court may make a criminal behaviour order against an offender where..

  • 16 January 2017

    (i) Whereas section 2 (Archbold, 2017, § 19-79) of the Homicide Act 1957 was amended by the Coroners and Justice Act 2009 (CLW/09/43/14), s.52, the statutory provision (in s.2(2)) that, on a charge...

  • 16 January 2017

    Where the prosecution appeal a finding by justices of no case to answer, it is important that the case stated by the justices contains a clear statement of their reasons for their finding; it is...

  • 9 January 2017

    (i) Sentencers should assess the seriousness of offences contrary to the Child Abduction Act 1984, ss.1 (of child by parent, etc. (Archbold, 2017, § 19-395)) and 2 (of child by other persons (ibid...

  • 9 January 2017

    Where the appellant (a consultant colorectal surgeon) appealed against his conviction for manslaughter by gross negligence (the prosecution alleged that a series of missed opportunities and serious...

  • 9 January 2017

    i) Duress affords a defence which, if raised and not disproved, exonerates the defendant altogether; for obvious reasons of policy, the defence is to be narrowly and carefully confined; (ii) the...

  • 20 December 2016

    When a court may be considering both imprisonment and a period of disqualification for the same or another offence, it is the duty of the prosecution advocate to draw the court's attention to...

  • 20 December 2016

    Whereas section 58(1) of the Terrorism Act 2000 (CLW/00/29/64) provides "(1) A person commits an offence if - (a) he collects or makes a record of information of a kind likely to be useful to a...

  • 20 December 2016

    Paragraph 11(iii) of the Crown Prosecution Service's Victims' Right of Review Guidance ("11. The following cases do not fall within the scope of the VRR: … (iii) cases where charges are brought...

  • 12 December 2016

    Prohibition on inhuman or degrading treatment (Art. 3 of the European Convention on Human Rights (Archbold, 2017, § 16-46)); (i) the applicant's eventual pardon and release on health grounds had not..