We regularly review cases and comment on those we find may be of interest. Below you will find our latest case updates.
The Court of Appeal considered there is an onus on the prosecution to adjourn or stay proceedings where there was strong evidence to conclude that the defendant would have had a defence under section 45 of the Modern Slavery Act 2015 as a victim of human trafficking.
A case on what counts as ‘reasonable diligence' in sending NIPS within 14 days
The Court of Appeal looked at whether in a case of dangerous driving the prosecution had acted with ‘reasonable diligence' in serving the notice of intended prosecution
The “householder defence” is concerned with the belief of the defendant as to whether someone is a trespasser, someone can become a trespasser who entered lawfully.
When does the 6 month time limit for summary offences run from for written charges?
A written charge can be regarded as issued, within the meaning of section 127(1) of the Magistrates' Courts Act 1980, only when the document comprising the written charge is completed, with all relevant details and in the form needed for service.
Section 10(3) of the Dangerous Dogs Act 1991 does not render a police constable immune from prosecution when a police dog is not being “used” within the meaning of the Act. Also, the Prosecution may satisfy the requirements of section 58 of the Criminal Justice Act 2003 by email, without orally informing the court.
The defences in section 55(2) of the Data Protection Act 1998 impose only an evidential, rather than a legal, burden of proof on a defendant.
The Court of Appeal considered whether the notification requirements under the Sexual Offences Act 2003 for those convicted of certain offences required a Court order or ruling and whether certificates issued under s.92 of the 2003 Act could be appealed.
The Court of Appeal looked at the scope of the offence created by section 44(2) read with section 44(1)(b) of the Mental Capacity Act 2005.
The Supreme Court held that the principle that the court must read words requiring mens rea into a statutory section is only one of statutory interpretation. It does not empower the court to make different provision for mens rea than is unambiguously provided for in the wording of the statute.
This case concerned the elements that had to be made out for an individual to be proved to have had possession of a digital file. This arose in the context of an appeal against convictions for possession of indecent photographs of a child, contrary to section 160(1) of the Criminal Justice Act 1988, and possession of extreme pornographic images, contrary to section 63(1) of the Criminal Justice and Immigration Act 2008.
The Court held that Section 1(1) of the Infanticide Act 1938 does not require the consequences of giving birth to be the sole cause of a disturbance of the mind, provided they are an operating and substantial cause.
There can be an abuse of process through entrapment by non-state actors, but such an abuse of process argument succeeding will be rare indeed.
Duty on police to investigate
The offence of blackmail can be committed by sending a demand whilst outside of England and Wales.
The High Court has ruled that Mr Love should not be extradited to the US to face charges as it would be “oppressive” for him to be tried in the US, but not the UK.
Self-defence, or defence of another, is available as a defence to a charge of obstructing a police officer under s.89(2) of the Police Act 1996.
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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.