‘Colleague Joel Bennathan QC notes the increase in reports of abuse of those in public life, notably the recent “Nazi” slurs levelled against Anna Soubry MP in the street. But is that kind of behaviour a crime, and were the police at fault for not intervening at the time?’
Doughty Street Chambers, 11th January 2019
Source: insights.doughtystreet.co.uk
‘Prosecutors are considering whether to bring criminal charges against a group of men who were filmed burning an effigy of Grenfell Tower.’
The Guardian, 18th February 2019
Source: www.theguardian.com
‘The Home Secretary has announced a series of legislative amendments aimed at improving the effectiveness of enforcement against unauthorised traveller encampments.’
Local Government Lawyer, 6th February 2019
Source: www.localgovernmentlawyer.co.uk
‘A defendant cannot defend himself from prosecution for breach of a Community Protection Notice (‘CPN’), on the basis that the CPN is invalid. The reason, stated in Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin), is that there is an effective means to challenge the CPN – either by exercising the right of statutory appeal or by judicial review. Allowing a challenge to the validity of the CPN at trial is not what the relevant statute (the Anti-social Behaviour, Crime and Policing Act 2014, ‘the 2014 Act’) intends, nor is it an effective remedy because the person subject to a CPN should not be required to breach a CPN in order to exercise a right to challenge it.’
UK Police Law Blog, 31st January 2019
Source: ukpolicelawblog.com
‘In recent days it’s been reported that the government is drawing up plans to impose martial law in the event of the UK exiting the EU without a deal. But what does that actually mean and how does it impact our rights?’
Rights Info, 30th January 2019
Source: rightsinfo.org
‘The Legal Aid Agency will have to gear up for another High Court showdown after a civil liberties group was granted permission to challenge the lack of public funding to help homeless people targeted by protection orders aimed at tackling anti-social behaviour.’
Law Society's Gazette, 16th January 2019
Source: www.lawgazette.co.uk
‘This summary does not cover every eventuality but intends to outline some of the possible criminal offences that may be committed. It should not be treated as legal advice and is not meant to be an exhaustive account of this area of law.
The police are responsible for investigating an allegation that a crime has been committed. Following investigation, the decision whether to charge a person with a criminal offence lies either with the police or the CPS.
Where a series of existing offences – including harassment and public order offences – are committed, and such an offence was motivated by hostility to race or religion, or was accompanied by hostility to race or religion proximate to the commission of the offence, a separate racially or religious aggravated offence is committed attracting a greater penalty. For further details, see the CPS-published guidance on this website. For those offences not covered but where hostility or hostile motivation towards race or religion is present, or hostility or hostile motivation towards disability, sexual orientation or transgender is present, this must be treated as an aggravating factor at sentence and stated as such in open court.’
Crown Prosecution Service, 11th January 2018
Source: www.cps.gov.uk
‘A video shared on social media of a cardboard model of Grenfell Tower being set alight by a laughing crowd has prompted outrage, condemnation and some difficult questions.’
BBC News, 6th November 2018
Source: www.bbc.co.uk
‘Hate crime has surged across the country, new figures have revealed, with those directed at people because of their religious beliefs doubling since 2015.’
Daily Telegraph, 16th October 2018
Source: www.telegraph.co.uk
‘The City of London police force has failed in an attempt to block disciplinary action against an officer who was accused of clubbing a student over the head and causing a life-threatening brain injury.’
The Guardian, 15th October 2018
Source: www.theguardian.com
‘Amateur footballers who urinate on council-owned football pitches are being warned they could be banned from playing on them.’
BBC News, 14th September 2018
Source: www.bbc.co.uk
‘An anti-tree felling campaigner has been convicted of obstructing police for failing to give his name and address when he was being arrested.’
BBC News, 9th July 2018
Source: www.bbc.co.uk
‘The Sentencing Council has produced this consultation paper in order to seek views from as many people as possible interested in the sentencing of Public Order Act offences.’
Sentencing Council, 9th May 2018
Source: consult.justice.gov.uk
‘Three men have been fined for verbally abusing England rugby union coach Eddie Jones at a railway station.’
BBC News, 16th May 2018
Source: www.bbc.co.uk
‘Today, the Sentencing Council has published proposed new guidelines covering public order offences sentenced in England and Wales. In simple terms, these offences involve the use of or threat of violence by individuals or groups of people towards others usually in a public place. They span a wide range of offending from low-level disorderly behaviour, which comprise some of the highest volume offences seen by courts, to larger scale disorder such as football violence and up to major riots.’
Sentencing Council, 9th May 2018
‘Justice Secretary David Gauke has signalled the Government could support creating a specific offence to deal with upskirting.’
Daily Telegraph, 24th April 2018
Source: www.telegraph.co.uk
‘Unreleased files about the Battle of Orgreave from five police forces, including a contemporaneous report by a chief constable on the policing of the miner’s strike, have been uncovered by the Commons home affairs committee.’
The Guardian, 1st March 2018
Source: www.theguardian.com
‘A woman who admitted to leaving a foul-mouthed note on an ambulance has been fined £120.’
The Independent, 20th February 2018
Source: www.independent.co.uk
‘The transport secretary, Chris Grayling, has been granted an injunction banning campaigners opposed to the construction of the HS2 line on an area of ancient woodland in west London from “unlawful protest” on the site.’
The Guardian, 19th February 2018
Source: www.theguardian.com
‘Steve Hynes discusses the controversy surrounding anti-abortion protests outside an abortion clinic in west London and its possible implications for human rights law.’
Legal Action, November 2017
Source: www.lag.org.uk
© Inner Temple Library 2019