Articles


10th Jan 2024Articles

YOUTH SENTENCING: A NEW APPROACH

It has long been recognised that youths in the criminal justice system require a different approach to their adult counterparts. It is increasingly common for youth courts to retain jurisdiction of cases, ground rules to be adopted and intermediaries employed as courts seek to make the trial process as accommodating to young people as possible. […]

24th Feb 2023Articles

Offences under the Companies Act 2006: reversing the burden of proof

The Companies Act 2006 creates a number of criminal offences.  Some of these are subject to so-called ‘reverse burden’ provisions, whereby the defendant (usually a company director) is guilty unless he or she can prove a specific fact in their defence (eg. that they took all reasonable steps to avoid committing the offence).  The lawfulness […]

15th Dec 2021Articles

“He’s checking his list; he’s checking it twice.…”

A festive reminder to dot your i’s and cross your t’s when starting a private prosecution. Just in time for Christmas, and so you can prosecute Santa/Jeff Bezos for a disappointing haul, the Justices’ Clerks’ Society (JCS) has issued new guidance on the perils and pitfalls of starting a private prosecution.  For many, this will […]

1st Oct 2021Articles

Private Prosecutions and the Need for Compelling Reasons Not to Issue a Summons

The Queen on the application of Smith-Allison v Westminster Magistrates’ Court (Defendant) and Mark Burn, Max Bull (Interested Parties) [2021] EWHC 2361 (Admin)   In a recent decision, the High Court upheld a claim for judicial review of a legal adviser’s decision to refuse to issue a summons in a private prosecution.  The judgment emphasised […]

20th Sep 2021Articles

Summonses & Settlements: A Road Map Through the Thicket

Guidance from the High Court on the duty of candour in applying for a criminal summons; abuse of process, and whether a party can contract out of its right to bring a private prosecution In June of this year, the High Court (Mr Justice Garnham, with whom Lord Justice Popplewell agreed) handed down its judgment […]