This week, the Prime Minister announced that Pubs and Restaurants could reopen from 4th July. The appropriate guidance is still to be published and a further blog will follow. However, one of the issues raised was that the business needed to take...
Criminal Law News
Employers will be aware that the government has announced the extension of the furlough scheme for a further four months. This means that it is now extended to October and Chancellor Rishi Sunak has confirmed that its purpose is to continue to pay employees...
In a virtual appearance before the House of Lords constitution committee last week, the Lord Chief Justice, Lord Burnett of Maldon, told peers that the courts system will never again operate as it did before the coronavirus. He told the committee that...
Previously, we wrote about Police Powers when the Country was first put into Lockdown and the legislation that soon followed regarding Police and the Court's powers during Covid 19. The College of Policing issued guidance to the Police Force in...
Since the Prime Minister addressed the nation on 23rd March and put our country into effective lockdown, the Coronavirus regulations have become a hot topic. The Health Protection (Coronavirus, Restrictions) (England) [or Scotland, Northern Ireland and...
It has become increasingly clear over the last few weeks and even more so the last few days that care homes and their residents have been severely hit by Coronavirus. It certainly seems on the face of it that they have been the poor cousin in relation to...
The Media is saturated with Articles about the virus and its impact upon, our jobs, our businesses and the economy. With no future dates to work towards for an end to this Pandemic, life is becoming increasingly bleak for some and maintaining a livelihood...
I blogged over two weeks ago now about concerns that some police forces had about motorists using quieter roads during the coronavirus to flout motoring laws, especially speeding. A BBC report appears to bear this out. It reports of...
The coronavirus epidemic and the Prime Minister's address to the nation on Monday 23rd March caused us all to be placed into a form of lockdown. It also meant that the snappily titled Health Protection (Coronavirus, Restrictions) (England) Regulations...
Anyone who has had contact with the residential care sector will know that dealing with vulnerable and elderly residents is an extremely challenging and often stressful task. Balancing care and support of these residents whilst complying with vigorous and...
Nursing and Midwifery Council statement on Personal Protective Equipment during the Covid-19 pandemic We are experiencing extremely difficult times currently with the pandemic showing little sign of leaving these shores any time soon. And those at the sharp...
As from the 16th March 2020 the CQC has suspended all inspections which cover care homes and NHS hospitals with immediate effect. CQC had been under significant pressure from a number of directions including the Royal Colleges and the NHS...
The Crown Prosecution Service (CPS) is being given advice as to how to keep the Court Service running during the effects of Covid 19. The worry being, that unnecessary Prosecutions at this time may overload a restricted Court. ' Lower Priority '...
Social Media has become full of posts about Covid 19. Some show human kindness and make light of a particularly low and strange time for the Economy. Other posts start a social war of opinion. One of the common themes is the implementations of the...
In December 2019 a couple were prosecuted for a case involving owning a dog dangerously out of control which caused injury under the Dangerous Dogs Act s3 (1) where a four-year-old boy was injured. Guilty pleas were entered by both owners and they...
The College of Policing has issued guidance to the Police Force in order to respond to Covid 19. The guidance splits the regulations into (1)Individuals, affecting movement and gatherings and (2) Premises and Business These powers relate to England and...
Now that Pubs, restaurants, bars and clubs are now closed under Government advice many have faced the dilemma of offering a takeaway service. On 17th March the Government granted authority for pubs and restaurants to operate as a hot food takeaway during...
The 1957 film ‘Twelve Angry Men’ tells the story of a jury made up of 12 men as they deliberate the guilt or acquittal of a defendant on the basis of reasonable doubt. In today’s courts, jurors are still made up of 12...
Sometimes, the normal dog loving owner can get caught in what is often a one off unfortunate scenario. The ' Dangerous Dog Act 1991 ' was introduced to deal with essentially a narrow area of, for example, dogs being used as...
Licensing is a vast subject, and one that most only associate with the sale of alcohol or gambling. Most of us pay a visit to the local car wash each week to have our cars cleaned; businesses provide a conveyer belt service of immaculately washed cars...
Parents were being told that if they visited a JD Wetherspoon pub with children they were restricted to two alcoholic drinks only. JD Wetherspoon who have 683 pubs across the UK said the policy was to limit the amount of time children were on the premises....
A recent decision of the Health and Care Professions Tribunal Service highlights the need for professionals regulated by a supervisory body to take great care when posting on their private social media accounts. The Tribunal Service is the fitness to...
E-scooters have risen in popularity over the past couple of years as a quick method to and from the train statin in the morning. But if you were planning to pop to the pub after work and then jump on your e-scooter home, think again. The first person...
Christmas, is office party time, which inevitably will involve alcohol. Therefore, it will be the premises and staffs responsibility to ensure you comply with the laws in accommodating your local office party. Excessive drinking is a problem at this time of...
The High Court has rules that non-party costs orders can be issued under the Licensing Act but rules of natural justice must apply. In the case of Aldemir v Cornwall Council [2019] EWHC 2407 (Admin) Mr Justice Swift considered the question of whether...
The Gambling Commission has called for pub industry to take better action to prevent under 18s accessing gaming machines in pubs. This follows a review of pubs in England and Wales that has shown that 84% of them are failing to prevent under...
The owner of Vibez 924 in Oldham has lost his appeal to have the premises licence re-instated following a three-day court hearing. Oldham's Licensing Panel originally revoked the licence in February after following a request for review by the police. ...
London's transport authority told Uber it would not extend its licence to operate in the London. Uber have indicated that they will appeal the decision made by Transport for London. London's Transport Agency first revoked Uber's Private Hire...
Effective representation of Teachers before the professional conduct panel of the Teaching Regulation Agency. There have been a number of panel outcomes in respect of teacher misconduct from last month that serve to illustrate important factors when...
Peter Butterfield of this firm was recently instructed to represent a young person at a Football Association (FA) disciplinary hearing in respect of a misconduct allegation. Peter has undertaken other disciplinary hearings relating to allegations of...
In April 2017, the Criminal Finances Act was given Royal Assent. It was primarily introduced to bring online the new corporate criminal offences of failure to prevent criminal facilitation of tax evasion and has been designed to tighten up several existing...
Nicholas Charrington of Layer Marney Tower recently hosted a wonderful event promoting Fine Cell Work , a charity focused on working within the prison service to help break the cycle of reoffending. Fine Cell Work enables prisoners to build fulfilling...
How much authority do the police have when it comes to prediction algorithms? The film Minority Report raised a number of serious social issues, not least of which was – is it morally and ethically right for someone to be arrested and charged just...
As a result of a review into the Criminal Injuries Compensations Scheme (CICS) reports in the media suggest that the government are going to improve the access a Victim has to compensation. The "same roof rule" is one which may be abandoned which...
You’ll be pleased to hear you can host a ton of activities without needing an official licence. However, for your peace of mind, we've broken down exactly what you need to know so even if you are doing a ‘one-off’ event, you won’t...
A person is in contempt of Court if that individual makes a publication and as a result of their publication there is a substantial risk of prejudice to the administration of justice in those proceedings. The legislation for this offence is contained within...
Reports in the media have stated that there is an ongoing investigation into an incident that occurred behind The Three Jays Public House, Clacton On Sea, Essex at approximately 7pm on 26th March 2018. The victim alleged that he suffered injuries to his leg...
In a recent article published by Farmers Weekl y they reported that a young farm worker had been seriously injured having been struck by a dairy bull. The 28 year old entered an enclosure housing cows and a mature dairy bull to carrying out...
Whilst being caught with cannabis can carry a five year prison sentence as well as a fine equating to between 75% to 125% of someone's weekly income, new guidance is advising Officers on the ground not to execute a Stop & Search when picking up on...
In relation to the offence for which you have been arrested, a review of your case has been conducted and it has been deemed that you shall be released from Police custody without bail. This effectively means that the police have further work to do on your...
In May 2016, slurry held in a lagoon on a dairy farm overflowed into a ditch chamber that had not been correctly sealed off. The slurry killed approximately 1,700 fish in the River Frome and prevented water leisure activities taking place in the river. The...
Public awareness of white-collar crime has come to the fore in recent years and the Government is under ever-greater pressure to put a stop to corrupt practices. This year, the biggest crime agencies are being audited to determine their effectiveness and...
On 10 March 2017, a farming company pleaded guilty for breaching section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £50,000 at Norwich Crown Court. The Health and Safety Executive (HSE) found that the farm company had failed to...
New legislation has been introduced to offer better protection for home owners and allows the Court to punish such offences by imposing up to 6 months imprisonment or a £5,000 fine or both.　 Ministers said that it...
On Wednesday November 2 Essex Police ran a Surround a Town Operation designed to detect offenders using the roads and increase road safety. Officers used Automatic Number Plate Recognition (ANPR) to identify suspect vehicles which were then intercepted and...
The Supreme Court has ruled that Morrisons supermarket was vicariously liable for actions of a staff member who physically attacked a customer. According to court documents, Amjid Khan was working at a Morrisons petrol station in Birmingham in 2008 when he...
Jurors should be aware of the new European Court of Human Rights (ECtHR) ruling on the 11th February 2016. It was held that there was no violation of a person's Article 7 human right (no punishment without law) in respect of a conviction for contempt of...
The Supreme Court has today ruled that a key test imposed by judges in assessing guilt in joint enterprise cases has been wrongly interpreted since a 1984 judgment by the judicial committee of the Privy Council. Under the doctrine of joint enterprise, an...
Lord Lucan is now presumed to be dead, a High Court judge has ruled. 42 years after the peer vanished a death certificate has finally been issues. He was declared dead in 1999, despite hundreds of unverified sightings, but the new ruling gives...
Plans to slash the number of law firms allowed to do criminal legal aid work at police stations and magistrates' courts has been scrapped, following repeated protest from Lawyers claiming the reforms could damage quality and access to justice. Labour...
A recent study has found that wine actually contains more alcohol than manufacturers are putting on the label. The findings are not only worrying for health reasons but could be unwittingly putting drinkers over the drink-driving limit. ...
Christmas Day has been the biggest day of the year for online and app downloads in recent years, as users set up the new devices they’ve received as presents, and 2015 is expected to maintain the tradition. Apple announced the billionth download from...
MPs on the parliamentary justice select committee have raised concerns about the criminal courts charge, calling for its abolition 'as soon as possible'. Since April 2015, convicted criminals in England and Wales have had to pay a charge, which is...
Four men who targeted farm outbuildings in Wales, stealing thousands of pounds have been caught and put behind bars. Speaking after sentencing, detective chief inspector Neil Harrison, of North Wales Police, told the Daily Post that the group was...
The Environment, Food and Rural Affairs Select Committee is due to launch a parliamentary inquiry into whether the RSPCA should be allowed to both investigate and prosecute cases of animal cruelty. Founded in 1824, the RSPCA is thought to be the first...
New stop-and-search figures composed by The Independent have revealed the significant issue of ongoing police prejudice, despite concerted efforts to tackle the problem. The Independent collated data from 39 police forces across the country. The result of...
The move which will be greeted with relief by developers, who have long been nervous about the potential for injunctions to be granted against them preventing the progress of their project or requiring them to demolish their work. This particular case...
In this case (Farrugia v Burtenshaw and others [2014]), liability had been admitted by the defendant road traffic insurer and most quantum issues agreed, however, the parties remained in dispute over the provision of future care and case management. The...
Rural Insurer, NFU Mutual, warn that criminal gangs have been targeting low to mid value tractors for export to Africa in particular. A typical trend is emerging where Tractors are stolen from Farms, loaded onto Lorries then shipped abroad to developing...
The Supreme Court has ruled that an intended heir should not be disinherited based on an incorrectly signed Will. The ruling is based on the premise that Wills should be treated in the same way as commercial contracts and that obvious oversights should...
The High Court however ruled that to protect the "reasonable requirements" of their three children, the husband should not live in "relative penury", whilst his wife lives in "relative luxury". This is the case of...
Last year saw the conclusion of one of the most high profile patent battles of recent times, as Apple claimed victory in one of several ongoing IP disputes that are presently being fought out between these two smartphone heavyweights in courtrooms across the...
The Internet Service Providers (ISP’s) were asked to take this action in accordance with a court order successfully obtained by the BPI which represents the British music industry. This follows similar orders made against high profile sites such...
This could be a result of costs budgeting as parties see the potential overall cost of litigation at an early stage. Judges and litigators have found that many cases have settled after the parties see the costs budgets. The fact that open and early costs...
This article seeks to give a brief explanation of Overage Agreements and their potential benefits when selling on land. An Overage Agreement is generally used to describe a situation whereby the seller is to share in any increase in value in a property that...
The dispute originated when Sainsbury’s took umbrage to Tesco’s Price Promise Campaign whereby customers are encouraged to compare product prices with rival supermarkets. In the event that a comparable product is found to be cheaper...
The case concerned a father’s application for contact with his 13 year old daughter. He had limited contact in accordance with the terms of a Court Order made in 2006. The father sought an increase in contact to include overnight staying...
A recent submission to the Justice Select Committee has questioned whether the Ministry of Justice has ever done anything that has had any impact on the commission of any crimes in the UK since its inception in 2007. The company providing the submission,...
Damian Green, the victims’ minister, announced that judges will take into account victims’ personal statements when determining sentences from December. He believes this will stop the issue of victims feeling as though they are an...
In the wake of the Jimmy Savile scandal, much attention has been focused on how we can avoid the occurrence of any future situation in which abusive behaviour against children remains seemingly unnoticed and unchallenged. Keir Starmer, former Director of...
The above case settled with the claimant accepting at the last minute the defendant’s part 36 offer. However, the defendant had previously failed to respond entirely to an invitation to attend mediation leading the court to impose a costs sanction that...
Other than in the Supreme Court, cameras in court have been prohibited since the commencement of the Criminal Justice Act 1925. James Harding, BBC director of news and current affairs hailed the move as a “…landmark moment for...
In 2000 Annie Woodland, aged 10 at the time, nearly drowned during a swimming lesson being given by an outsourcing company that had been hired by the local authority, Essex County Council. Her case included a claim that the swimming teacher and lifeguard,...
After pursuing what many believe are unsustainable and damaging cuts to the UK legal aid system many will welcome Grayling’s defence of the UK justice system. Among the measures the UK will opt out of are: The European probation measure - Grayling...
A leading criminal lawyer, Franklin Sinclair, has recently argued in a speech to the Legal Aid Practitioners’ Group that the current legal aid system can only sustain a maximum of 300 criminal solicitors firms rather the 1,600 there are currently in...
The Government are planning to have all court rooms in England and Wales fully digital by 2016, to end what the Government deems as an outdated reliance on paper in the justice system. This proposal is part of a £160 million plan to improve the speed...
The proposed scheme follows the system that has long been in place in theUnited Stateswhere polygraph tests are mandatory for serious sex offenders. It is understood the proposal will mean that tests for sex offenders who are categorised as 'serious'...
With the introduction of s.144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 however, squatting in a residential property became a criminal offence punishable by up to 6 months imprisonment and a fine of up to £5,000. The...
During the time he was in custody he was not allowed contact with his mother, who only found out about his arrest four hours after he was detained. On arrival at Battersea Police Station having learned of her son's arrest she was denied access to him....
The brief facts of the case are that the Tenant paid funds by way of rent in advance to the Landlord at the start of the term. The Tenant paid a total of 6 months rent in advance as a consequence of the Tenancy Agreement agreed by the parties. It...
Former Health Minister, Paul Burstow's plans are set out in a report on care and corporate neglect calling for unlimited fines and criminal sanction for companies owning care homes. Following the Government Report on the abuse at...
The proposals are part of a new scheme to try and cut high reoffending rates.　 How the encounters will operate will be set out in a new clause of the Crime and Courts Bill being debated in the House of Lords. Currently the practice of...
On 25th November 2012 a law was brought into force to create new offences of 'stalking'. The new law creates three new offences of 'stalking', 'stalking involving fear of violence' and 'stalking involving serious alarm or...
The National Treatment Agency have issued a report indicating that the number of individuals who sought help for the effects of taking what are commonly known as 'club drugs' has risen over the last 6 years. The sort of drugs that come...
Wilfred Museka pleaded guilty at Manchester Minshull Street Crown Court to causing death by dangerous driving, along with also admitting offences of fraud by false representation, driving without insurance and driving other than in accordance with a driving...
The Government appear to have taken a surprising u-turn on their prison policy after deciding to keep four of the nine prisons under state control that were due to be outsourced as part of it's prison privatisation programme. On the 8th November 2012,...
HMP Canterbury, a jail holding only foreign inmates, was found to have no offending behaviour programmes according to a report for the Chief Inspector of Prisons. It was said that this was due to the belief that there was little benefit in addressing...
A jury member who was found to have disclosed details of a jury's deliberations to a Defendant during their Crown Court criminal trial, has been sentenced to a term of imprisonment. Stephen Pardon, 42, was a serving juror on a case relating to a...
Barrington Armstrong-Thorpe of Clacton, who is 64 years of age, was sentenced to 16 months in prison following a full trial following which he was found guilty by the jury. The case was brought by Essex Trading Standards on the basis that Mr...
The Criminal Justice Minister, Damian Green, has announced the plan and said it will be trialled outside of London including in Birmingham, Manchester and Nottingham and it is hoped that the new system will enable conclusion of cases within weeks rather than...
The Prisons (Interference with Wireless Telegraphy) Bill will enable the Government to authorise Governors to use technology to detect and disrupt the use of mobile phones in prisons. The Bill has the backing of the Ministry of Justice and it is hoped...
Amarjit Singh-Mann, Kamlesh Panchel and Jagjeet Chahal appeared before Harrow Crown Court for sentencing in relation to a conspiracy to defraud of which they had been found guilty in early October 2012. The scheme involved them falsely claiming that...
The Justice Committee has recently heard evidence from various professionals involved in care cases about the Government’s plan to impose a 26 week time limit for courts to conclude care cases. Most professionals agreed that care cases are...
The case arises from the prosecution and conviction of former Sheffield United striker Ched Evans who was imprisoned in April for a period of 5 years for raping a 19 year old woman. The new prosecutions relate to seven men and three women from the North...
James Barnett, 25, from West Drayton was sentenced to 1 year in prison for head butting a referee and repeatedly kicking him at a 6 a-side match in Berkshire in July 2012. The Football Association said it was delighted with the sentence and a spokesman said...
Michael Upson, 52, appeared before Norwich Magistrates Court and admitted possessing eggs from protected birds including Marsh Harriers, Warblers, and Nightjars. Mr Upson was arrested after RSPB inspectors and police officers searched his home. ...
For several years copper has been the target of many thefts due to the relatively high price of the metal sold as scrap. For a long time lead has also been the subject of numerous thefts from roofs and other publicly accessible places. ...
Christopher Docherty-Puncheon was convicted by a majority verdict of the shooting of Lieutenant Colonel Robert 'Riley' Workman, following a 5 week trial at St Albans Crown Court. The Court heard that the 33 year old confessed to the killing of Mr...
The study says that injuries of this nature can lead maturing brains to 'misfire' affecting judgement and the ability to control impulses. The findings are very similar to a report by the Children's Commissioner for England and calls...
Eleven care workers in all appeared before Judge Neil Ford QC for sentencing in relation to varying different charges of ill treatment, abuse or wilful neglect. Five of the eleven were given suspended sentences, however six were made subject to...