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Articles & Comment

Members of Chambers occasionally produce articles for legal publications or may feel there is a topic which is worth commenting upon.  Here you can find a selection of those articles and comments.

Applying for bail in the Youth Court in the current pandemic

The Bail Act 1976 remains unamended by the latest coronavirus legislation. However, clearly the COVID-19 pandemic raises many issues in relation to children remanded into custody and applications for bail. Beverley Da Costa and Samantha Ball offer practical advice on applying for bail in the Youth Court in the current pandemic.
9 June 2020

Update on the Coronavirus Health Protection Regulations: Implications for Children

A number of new criminal offences and police powers affecting children were created by the Coronavirus Act 2020 ('the Act') and the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 ('the Regulations'). These Regulations has been amended and this article outlines the changes the Amendment makes to the Act and the Regulations in respect of its effect on children and young people.
9 June 2020

Arranging or facilitating the commission of a child sex offence: the correct approach to sentencing

Samantha Ball and Stephen Garbett provide a case commentary of the recent judgment Privett & ors. [2020] EWCA Crim 557
22 May 2020

R v B: Ensuring a young person’s age and immaturity is properly reflected in their final sentence

In the case of R v B the Appellant had pleaded guilty to five offences of robbery and three offences of attempted robbery. However the appeal was allowed on the basis that the learned judge had taken the wrong approach when taking account of the Appellant’s age and immaturity.
22 May 2020

The tale of two tests - which is the correct test for dishonesty?

Letitia Egan and Simon Davis review the recent judgment of Barton and Booth v R [2020] EWCA Crim 575
22 May 2020

Deciphering Crypto – A Legal Series on Cryptocurrencies

Angharad Hughes and Will Glover begin their series of articles in the developing area of cryptocurrency regulation.
22 May 2020

Youth Justice Legal Centre Guidance

The outbreak of coronavirus presents an unprecedented challenge for the criminal justice system, with many courts shutting entirely and the use of technology being increasingly utilised for urgent hearings.In this article written for the Youth Justice Legal Centre, Hannah Williams and Simon Davis (Pupil Barrister) provide guidance in relation to the current position for children in the criminal courts.
29 April 2020

Society of Labour Lawyers Covid-19 Webinar

Stephen Cooke recently appeared on this webinar where he commented on the practical issues facing the courts during the pandemic.
29 April 2020

COVID-19 and Health & Safety: what are the workplace implications and knowing your 'RPE's from your 'FFFP3's

Whilst the need for those still working in a clinical environment to wear appropriate PPE may be obvious, it is not just public services who are obliged to protect their employees in this way. All employers still operating a business have a duty to safeguard the health and safety of their workforce. This article seeks to highlight some of their key health and safety obligations during the pandemic and attempts to give guidance on how best to comply in these uncertain times.
22 April 2020

The law on abortion - time to re-think?

Letitia Egan & Nicholas Whitehorn review the evidence for reforming the abortion law in the UK - The anachronistic wording of s 58 OAPA 1861 renders the mens rea dangerously unclear and, worse still, risks criminalising vulnerable women.
22 April 2020

The Impact of Social Media on Identification Procedures

Simon Gledhill & Gemma Noble look at a number of cases considered in the recent judgment of Phillips and Phillips [2020] EWCA Crim 126
22 April 2020

Licensing in the wake of the 'Coronavirus, Business Closure' regulations

The 2003 Licensing Act radically changed the premises licensing regime in England and Wales making Local Authorities responsible for the issuing, enforcement and review of premises licences. However The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 introduce a number of changes some of which could be much more serious for anyone convicted under these new regulations.
14 April 2020

Criminal Liability and the Transmission of Covid-19

In these difficult and uncertain times, it is crucial that the law is clear in relation to the transmission of Covid-19. This should include understanding whether the deliberate or reckless transmission of the virus is a criminal offence. This article discusses this important topic.
14 April 2020

COVID 19 – The Coronavirus Act 2020: Powers and Offences

The Coronavirus Act 2020 ('the Act') came into force on 25th March 2020. It has been reported in the press as providing the Government with ‘wide-ranging powers unlike any other recent legislation'. Some of these powers are already being utilised by different police forces in differing ways, leading to former Supreme Court Justice, Lord Sumption, to decry the shameful conduct of one force and to warn of 'a hysterical slide into a police state'. This article provides an overview, within the context of England, of the new powers and offences contained in the Act relating to persons who are 'potentially infected' with coronavirus; and events, gatherings and premises.
14 April 2020

A perspective on the extraordinary chambers in the courts of Cambodia

Charles Durrant spent three months at the international tribunal in Cambodia as part of the defence team for Ieng Thirith. Against a background of protracted negotiations and fading memories there was the unfailing cheerfulness of almost every person he met and the genunuine desire to present a fair trial worthy of a positive and long lasting legacy.
8 March 2012

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.