An Option for Defendants Charged Under the Lockdown Regulations – Thomas More Chambers

Posted May 29th, 2020 in adjournment, coronavirus, defences, news, prosecutions by sally

‘The variety of criminal offences created as part of HM Government’s response to the current Covid-19 pandemic has caused a discomforting amount of confusion for individuals, police, criminal practitioners, and courts. This brief article makes the small suggestion that, in the very short term, criminal defence practitioners may wish to seek adjournments for any prosecutions under the Public Health (Coronavirus, Restrictions) (England) Regulations 2020 (“the Lockdown Regulations”) pending a judicial review of the lawfulness of the Regulations.’

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Thomas More Chambers, 18th May 2020

Source: www.thomasmore.co.uk

Hundreds prosecuted for coronavirus-related attacks on emergency workers – The Guardian

‘More than 300 prosecutions for assaults on police and emergency workers were completed during the first month of lockdown, the director of public prosecutions, Max Hill QC, has revealed.’

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The Guardian, 21st May 2020

Source: www.theguardian.com

COVID-19 : a murderous virus? – Church Court Chambers

Posted May 19th, 2020 in causation, coronavirus, murder, news, prosecutions, unlawful killing by sally

‘Notwithstanding the seriousness of the coronavirus (COVID-19) pandemic and a global effort to fight the same, some individuals have taken it upon themselves to exacerbate the horror of the virus by spitting at others, purporting to have coronavirus. The Criminal Justice System is sadly accustomed to dealing with offences that involve threats to spread disease via bodily fluids; these offenders are often seeking to cause psychological terror and harm, rather than physical harm. However in circumstances such as this, the immediate psychological fear caused by the concern that the victim may have contracted the virus, may then be sadly outweighed by the pain and suffering of contracting the virus and subsequent death.’

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Church Court Chambers, May 2020

Source: churchcourtchambers.co.uk

Interpol Red Notice issued against Anne Sacoolas – is prosecution in the UK possible? – 5SAH

‘Last December, Anne Sacoolas was charged with causing death by dangerous driving following a road traffic accident in which 19-year-old Harry Dunn lost his life. It is alleged that she was driving on the wrong side of the road at the time. Mrs Sacoolas’ husband was employed in some official capacity at a United States Air Force communication station based at RAF Croughton.’

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5SAH, 13th May 2020

Source: www.5sah.co.uk

Judge questions coronavirus case against ‘homeless’ London man – The Guardian

‘A judge has questioned the Crown Prosecution Service’s decision to charge a man who said he was homeless with allegedly breaching coronavirus regulations by leaving “the place where he was living”.’

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The Guardian, 12th May 2020

Source: www.theguardian.com

Junior lawyers “lose confidence” in SRA after Matthews case – Legal Futures

‘Junior lawyers have lost confidence in the Solicitors Regulation Authority’s (SRA) approach to dealing with inexperienced solicitors who have mental health issues or worked in toxic environments, the regulator has been told.’

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Legal Futures, 11th May 2020

Source: www.legalfutures.co.uk

Company Director Disqualification in the Criminal Courts – Henderson Chambers

‘Criminal courts have sweeping powers to disqualify directors arising from prosecutions for regulatory crime, with far-reaching consequences for companies and individuals. This Alerter provides an essential guide for practitioners to approaching director’s disqualification orders at a time when the HSE, Environment Agency and other regulators show a growing appetite to prosecute individuals.’

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Henderson Chambers, 29th April 2020

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Protecting domestic violence victims in lockdown – The Guardian

‘Kate, a call handler for a domestic violence charity, discusses the challenges of trying to deal with the rising number of calls during lockdown. Guardian reporter Helen Pidd has been reporting on the domestic violence cases being heard at Manchester magistrates court over the past few weeks.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

Domestic abuse prosecutions fell by 24% at end of 2019 – The Guardian

‘The number of domestic abuse prosecutions fell by almost a quarter in the last three months of 2019, compared to the previous year, according to quarterly figures released by the Crown Prosecution Service. Rape prosecutions also fell 23% in the last three months of 2019 compared to a year prior, maintaining a historic low.’

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The Guardian, 30th April 2020

Source: www.theguardian.com

Prosecuting Domestic Violence – New Law Journal

‘On Saturday 15 February, Caroline Flack’s tragic death became widespread news across the country. Having been charged with common assault of her boyfriend, Lewis Burton, she pleaded not guilty on 23 December last year and was due to face trial on 4 March. On the same day that she took her life, a statement from Ms Flack’s management strongly criticised the Crown Prosecution Servce (CPS) for pursuing the case, citing its knowledge of her vulnerability and the lack of support from the alleged victim.’

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New Law Journal, 26th March 2020

Source: www.newlawjournal.co.uk

Suspects to avoid criminal charges in UK during Covid-19 crisis – The Guardian

‘Suspected offenders are set to avoid criminal charges under unprecedented new guidance to ease the burden on the justice system during the coronavirus outbreak.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

High Court overturns decision not to prosecute rape allegation – UK Human Rights Blog

‘The Divisional Court has recently handed down a novel decision in R (FNM) v DPP, considering the right of complainants to a fair opportunity to make representations to the Director for Public Prosecutions (“DPP”), and for those representations to be considered, when conducting a review under the Victims’ Right to Review Scheme (“the VRR Scheme”).’

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UK Human Rights Blog, 14th April 2020

Source: ukhumanrightsblog.com

Secret policy change by CPS cut number of rape trials, high court told – The Guardian

‘A legal challenge over alleged changes to Crown Prosecution Service policy on bringing charges in rape cases has been dismissed by the high court.’

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The Guardian, 17th March 2020

Source: www.theguardian.com

Bill sets five-year limit to prosecute UK armed forces who served abroad – The Guardian

‘A five-year time limit on bringing prosecutions against soldiers and veterans who have served abroad – except in “exceptional circumstances” – is to be imposed under legislation introduced by the government.’

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The Guardian, 18th March 2020

Source: www.theguardian.com

Ealing rape victim’s family donate £10,000 to legal claim against CPS – The Guardian

‘The family of Jill Saward, the Ealing rape victim who became a leading figure in the fight against sexual violence, has donated thousands of pounds to a legal challenge against the Crown Prosecution Service.’

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The Guardian, 14th March 2020

Source: www.theguardian.com

CPS failed to tell inspectors of internal review revealing rape case failings – The Guardian

‘The Crown Prosecution Service conducted a secret internal review that exposed its failings in rape cases – but failed to share it with inspectors who were conducting an official inquiry for a major government investigation into rape, the Guardian can reveal.’

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The Guardian, 15th March 2020

Source: www.theguardian.com

Police drop investigation into pilot over Emiliano Sala plane crash – Daily Telegraph

Posted March 12th, 2020 in aircraft, homicide, news, prosecutions by tracey

‘No further action will be taken against a man arrested on suspicion of manslaughter in relation to the plane crash that killed footballer Emiliano Sala, police have said.’

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Daily Telegraph, 11th March 2020

Source: www.telegraph.co.uk

Caroline Flack: Who decides whether someone should go on trial? – BBC News

Posted February 18th, 2020 in assault, domestic violence, news, prosecutions, public interest by sally

‘TV presenter Caroline Flack was found dead in her home on Saturday, weeks before she was due to stand trial for assaulting her boyfriend, Lewis Burton.’

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BBC News, 17th February 2020

Source: www.bbc.co.uk

Crimes unreported as public lose faith in police – BBC News

‘Victims are no longer reporting some crimes to police because so many offenders are never brought to justice. A new report said the public are losing faith in the criminal justice system and have “rumbled” that police do not have the capacity to investigate.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

CPS knew rape ‘ambition’ could have perverse consequences – Law Society’s Gazette

‘The Crown Prosecution Service was aware in 2015 that its conviction rate “levels of ambition” could have unintended consequences, the Gazette can reveal.’

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Law Society's Gazette, 5th February 2020

Source: www.lawgazette.co.uk