Archives: Crime

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Breach of NMO – when effective?

May 2025 | Crime

Magistrates had wrongly concluded that lack of service of a non-molestation order (NMO) meant an offence under s42A Family Law Act 1996 could not be made out. The NMO in question was made in November 2023, prohibiting R from being present between 0730 and 1630 at a road on which a named child’s school was …

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Sentencing – blackmail; kidnap

May 2025 | Crime

Two new sentencing guidelines are now in force for offences of blackmail, kidnap and false imprisonment. The guidelines came into effect on 1 April 2025 and concern: blackmail under s21 Theft Act which is triable only on indictment and carries a maximum custodial sentence of 14 years; and kidnap/false imprisonment at common law, also triable …

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Offences – causing a child under 13 to engage in sexual activity

April 2025 | Crime

A, now 59, was convicted of ten child sex offences committed against his nephew and sentenced to a total of 12 years’ imprisonment. He successfully appealed the convictions on counts 3, 4 and 6 (causing a child under 13 to engage in sexual activity). He appealed on grounds that there was no evidence C was …

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Sentencing – community and custodial sentences

April 2025 | Crime

A ‘significantly revised’ version of the Imposition of community and custodial sentences guideline has been published by the Sentencing Council. In effect from 1 April 2025, a completely new section to the Imposition guideline is included. The document sets out the guiding principles magistrates and judges must follow when imposing community orders and custodial sentences, …

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Sentencing – motoring offences

April 2025 | Crime

Sentencing guidelines for those convicted of motoring offences committed while driving vehicles without the owner’s consent came into effect on 1 April 2025. They replace the earlier guidelines (which only covered sentencing by magistrates). The new guidelines cover four aggravated vehicle taking offences: causing death, causing injury, dangerous driving and causing vehicle/property damage. Criminal defence …

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