Training & Knowledge: Criminal Defence

13th Apr 2018Newsletters

Consent and Society’s Evolving Values Cannot Outweigh Public Protection

Fifteen years on from R v Brown [1993] UKHL 19 the Court of Appeal again had to grapple with society’s modern values in the context of consent as a defence to assault in R v BM [2018] EWCA Crim 560. The appellant was a tattooist and body piercer who also practised ‘body modification’. The appeal […]

13th Apr 2018Newsletters

The Golden Thread Survives Under the Modern Slavery Act

In R v MK and Persida Gega [2018] EWCA Crim 667, the Court of Appeal has unanimously found that the legal burden of proof rests wholly on the prosecution where a defendant raises a defence under section 45 of the Modern Slavery Act 2015 (‘the MSA’). In summary, section 45 gives a defence to adults […]

13th Apr 2018Newsletters

Sentencing Guideline: Offensive Weapons and Bladed Articles

On 1 March 2018 the Sentencing Council published a new definitive guideline for sentencing in cases involving offensive weapons and/or bladed articles. The guidelines apply to all offenders who are sentenced on or after 1 June 2018 regardless of the date of the offence. The new guideline follows a consultation exercise begun in October 2016. […]

13th Apr 2018Newsletters

Overarching Principles: Domestic Abuse

Applicability and Scope The new domestic abuse guideline was published on 22 February 2018 and applies to offenders aged 16 and older who are sentenced on or after 24 May 2018, regardless of the date of the offence. The overarching principles on youth sentencing will continue to apply in conjunction with the domestic abuse guidelines […]

13th Apr 2018Newsletters

Sentencing Guideline: Terrorism Offences

In July 2005, following the murder of 52 people on the London Underground, the then Prime Minister Tony Blair, declared that the “rules of the game” were to change. Over a decade later and following the implementation of numerous pieces of anti-terrorism legislation to meet the increasingly varied nature of offences, the Sentencing Council has […]