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Criminal Defence & Appeals Blog

Our criminal defence and appeals team regularly write about related legal topics and breaking news, we welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 01616 966 229.

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Can I be charged for the same crime twice?

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What is double jeopardy? The legal principle of double jeopardy was that a person who was found by the court to be not guilty of an offence could not be prosecuted again. This principle applied even if new evidence came to light proving that the accused...

Non-fatal strangulation, non-fatal suffocation and the withdrawal of the rough sex defence

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This article deals with two new provisions which have been introduced by the government’s Domestic Abuse Act 2021 into the Serious Crime Act 2015 (section 75A and 75B). On 7 June 2022 legislation creating the specific offences of non-fatal...

What should I do if I am falsely accused of a sexual assault?

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It is that time of year again where people go out with their work colleagues and friends for Christmas parties and meals. Whilst most will enjoy the festivities unfortunately, we have found that Christmas parties can often lead to incidents where sexual...

Is it legal to keep money that you find?

Sean Joyce
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The definition of theft under Section 1 of the Theft Act 1968 is the dishonest appropriation of property belonging to another with the intention of permanently depriving the owner of it. Picking up cash found on the street (which is the...

Magistrates given greater sentencing powers

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The Criminal Bar Association recently commented upon news that the number of cases waiting to be heard across the Magistrates' and Crown Courts stood at 432,899 in February 2022. This backlog was in part due to the pandemic but also down to...

Can I appeal against my conviction even though I entered guilty pleas ?

Correna Platt
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On the 9 th June 2022 the Court of Appeal quashed the convictions in the case of R V Johnson 2022 EWCA 790. The appellant was represented by Miss Correna Platt  of Stephensons and Mr David Emanuel QC of Garden Court Chambers. The...

Tougher sentencing for people convicted of grooming offences

Duncan Phillips
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The NSPCC reported last year that there had been a record high number of grooming allegations recorded by police. There is no specific offence of “grooming” as such, but the illegal activity is subject to a number of sections of the Sexual...

Police arrest a number of individuals for county line drug offences

Colin Rawson
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There appears to be no let up in efforts made by the police in tackling drug related offending, in particular county lines drug dealing. In a recent police push, between 11 October and 17 October: 1,468 people were arrested 2,664 vulnerable people,...

What is considered as assisting an offender?

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A recent episode of Channel 4’s 24 Hours in Police Custody dealt with a gradual, worsening feud between a father and a boyfriend which led to a fatal stabbing. Robert Parkins was convicted of Alex Fitzpatrick’s murder and received a life...

The importance of obtaining expert advice in DNA cases

Colin Rawson
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DNA evidence has developed over the years in the field of criminal law. The first case in which it was used by the police was back in 1986 whereby two teenagers had been raped and murdered. The initial suspect in relation to the crimes was proven to...

New Modern Slavery Offences Sentencing Guidelines come into force on the 1st October 2021

Correna Platt
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The first sentencing guidelines for offences under the Modern Slavery Act 2015, were published on the 12 th August by the Sentencing Council following consultation. The offences covered include slavery, forced labour, human trafficking or an offence...

Prosecution asked to review Extinction Rebellion convictions for obstruction of the public highway

Correna Platt
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In September 2020, Extinction Rebellion protested in central London with the aim of highlighting the issue of climate change. It was reported that they blocked roads, glued themselves to the floor and staged sit-ins. In total the police arrested more than...

What is the impact of covid-19 upon benefit fraud allegations?

Martin Pizzey
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During the past 18 months everyone has faced challenges and significant changes to their life due to the covid-19 pandemic.  Many new ways of working and doing routine tasks had to be implemented. Face to face meetings were avoided where...

Change in assault sentencing guidelines

Duncan Phillips
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Allegations of assault (often in a domestic context) are one of the most common types of offences that we in the general crime department are asked to defend. New sentencing guidelines came into force on 1st July 2021. These bring about many changes,...

Over 1,000 people arrested and almost 300 weapons seized as part of county lines crackdown by the National Crime Agency

Colin Rawson
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County lines is a drugs distribution model using mobile phones and sometimes young and vulnerable individuals where drugs are exported from major cities to various locations across the United Kingdom.  The National Crime Agency have recently...

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