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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…
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’…
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. On 4th May 2018, at a court martial,…
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…
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…
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. On 28th March 2018, at St Albans Crown Court,…
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 Appellant was charged with wilfully neglecting her mother…
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…
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…
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…
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