Dwell not: DPP v Distill [2017] EWHC 2244 (Admin)
The concept of a “dwelling” has some significance in the criminal law. A burglar who commits their crime in a dwelling is sentenced more harshly than if they were to...
Weekly Digest: 27 November 2017
In this week’s Digest, the High Court held that the Magistrates’ Court possesses no power to extend the time limit to apply to state a case under s.111(2) of the...
How now to spot dishonesty
What place a defendant’s state of mind following the Supreme Court decision in Ivey v Genting [2017] UKSC 67? (more…)
Section 2 notices: here and now?
Section 2(2) and (3) of the Criminal Justice Act 1987 (‘CJA 1987’) empower the Director of the Serious Fraud Office (‘the SFO’) to give notice in writing requiring a person...
Weekly Digest: 20 November 2017
In this week's Digest, the Court of Appeal quashed one of the twelve convictions of the entertainer Rolf Harris; Sir Brian Leveson P observed that the Ghosh test was unlikely...
Co-operating after Brexit — what’s the future for security, law enforcement and criminal justice?
The Government’s paper ‘Security, law enforcement and criminal justice: a future partnership paper’ suggests that the intention is to maintain a similar level of co-operation with the EU following Brexit....
Weekly Digest: 13 November 2017
In this Weekly Digest, the Court of Appeal considered jury directions in two cases, one relating to a conviction for gross negligence manslaughter, the other to directions and summations that...
A relativist approach to prison conditions in extradition cases?
The High Court has recently suggested, in Serra v Paraguay [2017] EWHC 2300 (Admin), that there could be a different approach to the assessment of prison conditions in requesting states...
Weekly Digest: 6 November 2017
In this week's Digest, the Supreme Court considered the obligation to provide rehabilitation during extended sentences and the Court of Appeal considered whether nitrous oxide is an ‘exempted substance’ for...
Cryptocurrency and restraint: police permitted to convert seized Bitcoins
The Crown Court has granted a novel application by the police in restraint proceedings to convert seized Bitcoins into sterling. (more…)