We regularly review cases and comment on those we find may be of interest. Below you will find our latest case updates.
It is not inappropriate to have a confiscation order run alongside a repayment arrangement. Issues around the sale of a family home are primarily for the enforcement stage.
The amount of costs a defendant is ordered to pay after conviction should properly take into account the defendant’s acquittal on at least one count and their limited means and ability to pay any amount of costs ordered.
Consideration of trial in absence for a defendant who suffered a drug induced psychosis mid-trial.
A jury does not need to be satisfied of the truth of each incident when considering propensity; they should consider on all the prosecution evidence if they are satisfied that there is propensity.
Consideration of the meaning of “substantially impaired” in diminished responsibility cases.
Consideration of the principles that apply to appealing based on the decision in R v Jogee  UKSC 8
Where a defendant is struggling to pay a costs order, properly made in the Crown Court, the correct forum to deal with this is the Magistrates Court; not the Criminal Court of Appeal.
A conviction may be unsafe where there is a disclosure failure that significantly undermines the credibility of an important witness.
A sentencing judge should have regard to the guidelines, applying them in a measured and reflective manner with reference to the maximum sentence at the time of the offence.
Piercing the corporate veil in order to include a pecuniary advantage obtained by a defendant's company when calculating his POCA Benefit
Whether evidence given in a Newton hearing by one defendant was admissible in a trial against a co-defendant where the trial and the Newton hearing were heard at the same time in the Youth Court.
The Court of Appeal provided guidance for sentencing section 5 Terrorism Act 2006 offences.
Consideration of s.236A of the CJA 2003, the new "Special custodial sentence for certain offenders of particular concern".
When combining a period of disqualification from driving with a custodial sentence the sentencing judge should give effect to the intention of Parliament that disqualification should be served when the offender is at liberty in the community.
A spouse in a polygamous marriage may benefit from s.2 (2) of the Criminal Law Act 1977, provided their marriage is recognized under English law.
A European Arrest Warrant (EAW) with “merged” offences will be valid if the substantive offences for which sentence must be served are particularised.
At every stage in our history we have championed equal opportunities. We have also earned a reputation for excellence, whether defending or prosecuting and many of our former members have gone on to be Judges and even a Judge Advocate General.