Training & Knowledge: Criminal Prosecution - Public

30th Nov 2016Articles

Private Prosecutions

Private prosecutions of crimes such as fraud and trademark infringement have become an increasingly important tool of litigation in the UK in recent years.  In Hong Kong, however, this appears to remain an underused resource.  In this article we consider the key legal principles governing the bringing and defending of private prosecutions in Hong Kong, […]

7th Dec 2017Newsletters

Nitrous Oxide – No Laughing Matter

In R v Chapman and others, the Court of Appeal dismissed four applications for permission to appeal on the grounds that Nitrous Oxide, commonly known as laughing gas, was not covered by criminal offences in the Psychoactive Substances Act 2016 (‘the PSA’). The Court dismissed the appeal on the arguments advanced by the defendants but […]

7th Dec 2017Newsletters

The Inns of Court College of Advocacy (ICCA) and Royal Statistical Society (RSS) Guidebook for Advocates on the Use of Statistical Evidence in Court

This important and detailed guidebook is designed to identify the main pitfalls that advocates are likely to meet when handling statistics and so help us to avoid the miscarriages of justice that can occur – and have occurred – because of misunderstandings, and inappropriate use, of statistics and probability in court. Taking the simple, famous […]

7th Dec 2017Newsletters

Section 73 of SOCPA – What Happens When Terms Are Not Met?

The case Loughlin [2017] UKSC 63 was an application for judicial review of a decision not to refer discounted sentences back to the sentencing court under section 74(3) of SOCPA 2005.  The Supreme Court, reversing the Divisional Court’s decision, refused to quash the prosecutor’s decision.   Consideration of the interests of justice in this context required […]

7th Dec 2017Newsletters

‘Greater Threats to Society’ – The New Draft Guidelines for Terrorism Offences

On 17 October this year the Sentencing Council published both a consultation and new draft guidelines for the sentencing of terrorism offences. The draft comes just over 18 months after the Lord Chief Justice provided detailed guidance for offences under s. 5 of the Terrorism Act 2006 (preparation for terrorist acts) in R v Kahar […]