Archives: Crime

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Sentencing – burglary

June 2022 | Crime

Practitioners need to know that new, more flexible sentencing guidelines will come into force on 1 July 2022, covering both domestic and commercial burglary offences, and aggravated burglary. There will be a stepped approach to sentencing in line with more recent sentencing guidelines. They also introduce middle categories in respect of harm and culpability to …

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Sentencing – child sex offences (no child)

June 2022 | Crime

Defence solicitors and those representing child sex abuse victims will be pleased to know that new revised sentencing guidelines provide clarity as to the sentencing of those convicted of certain child sex offences. The new guidelines came into effect on 31 May 2022 and apply to offences of arranging or facilitating sexual offences against a …

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Sentencing – spiking drugs

May 2022 | Crime

New sentences have been introduced for drugs commonly used for ‘spiking’. Anyone possessing GHB, GBL or 1,4-Butanediol illegally will face up to five years’ imprisonment. All three drugs have been reclassified as Class B drugs under the Misuse of Drugs Act 1971 as of 13 April 2022. Anyone convicted of supply and production of any …

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Domestic violence – CPS guidance

May 2022 | Crime

Practitioners will be interested in amended legal guidance on prosecuting crimes of domestic violence, recently released by the CPS. The update follows the introduction of the Domestic Abuse Act 2021. The guidance encourages prosecutors and investigators to take an ‘offender-centric’ approach – focusing, eg on D’s behaviour before, during and after an alleged offence. The …

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Evidence – gang-related activity

May 2022 | Crime

D appealed his convictions for murder and wounding with intent, for which he was sentenced to life imprisonment. He argued that evidence of gang activity was wrongly admitted and, linked to the judge’s error, he should not have admitted evidence of two occasions on which D had himself been shot. The CA rejected the argument …

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Procedure – SCPO

May 2022 | Crime

A serious crime prevention order (SCPO) was set aside because of procedural irregularity. The SCPO was imposed on two brothers under s27 Serious Crime Act 2007 following conviction for various fraud and money laundering offences. Unfortunately, the SCPO proceedings had not run smoothly and had taken a long time to complete after a series of …

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Sexual assault – intention

May 2022 | Crime

D was convicted of sexual assault under s3 SOA after deliberately touching a nurse’s breast when being examined at a police custody centre. He denied intentionally doing so, and also relied on non-insane automatism on the basis of low blood sugar level. At issue on appeal was whether the judge ‘overly simplified’ the issues for …

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