The definitive sentencing guidelines on sentencing sexual offences involves a step-by-step process where first the sentencing judge has to determine the starting point by identifying the correct category of harm caused by the offence (ranging from Category 1 – 3) and thereafter the degree of culpability of the offender (Culpability A or B). The starting […]
In a judgement handed down at Southwark Crown Court on 30 October 2020, May J approved the terms of a Deferred Prosecution Agreement (“DPA”) made between the Director of the Serious Fraud Office (“SFO”) and Airline Services Limited (“ASL”).[1] This is the third DPA this year, following the approval of DPAs with Airbus in January[2] […]
Those who work in the criminal justice system have long known that of all things the phrase “more honoured in the breach than the observance” could be applied to, it is the disclosure regime. Indeed, even when defending the most serious of criminal cases, almost every day one comes across situations in which the police […]
On 4 October 2017 Newcastle United lost its case against HMRC in a landmark ruling concerning the lawfulness of search warrants and the effect of a judge’s failure to give reasons for issuing such warrants (Newcastle United Football Club and Others v HMRC [2017] EWHC 2404 (Admin)). HMRC had obtained search and seizure warrants as […]
In recent years, a number of high-profile cases have led to campaigns for greater protection for witnesses. The impetus behind such campaigns is that witnesses are being badly let down by the criminal justice system and are often traumatised by the experience of giving evidence. Such criticisms are made particularly with regard to trials of […]
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