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Crime and justice

20 November 2017

Legal update: When an inquest is still necessary after criminal proceedings in order to comply with Article 2

In the recently reported case of R (Silvera) v HM Senior Coroner for Oxfordshire [2017] EWHC 2499 (Admin), the Divisional Court looked at the investigative duties placed on the state by Article 2 of the European Convention on Human Rights and the importance of the coronial process in ensuring that those duties have been met.

6 October 2017

My Legal Advice To My Fresher Son

As I waved my son off to uni this week, I tried to give him some motherly legal advice (although as it comes from me, I fear he may well ignore it). The advice is drawn from my years of representing other mothers’ sons who have been accused of rape or other sexual crimes on campus. Because I know that my son generally cannot remember more than a nugget of information at a time, I kept it brief:

Sandra Paul

17 August 2017

Sexual History: DPP’s clarification welcome

The press widely reported on Director of Public Prosecutions Alison Saunders comments in an interview to the Evening Standard (8 August) relating to prosecuting rape cases.  Headlines of “Prosecutors told to dig into accused rapist’s past” and “Alleged rapist past put on trial” picked up on comments attributed to Saunders in the Standard such as: “we are looking at how to prosecute certain types of cases, the more difficult ones. They tend to involve drugs or drink and people who know each other”.  She apparently developed this by saying, “Some of it will be if you have already been in a relationship, understanding the dynamics of coercive and controlling behaviour and presenting cases in a way that doesn’t just look at the individual incident”. 

8 August 2017

Proceeds of Crime Act 2002: consultation on revised codes of practice

Criminal Finances Act 2017 (see related blog) makes changes to the Proceeds of Crime Act 2002 (POCA) and Anti-Terrorism, Crime and Security Act 2001 (ATCSA).  

Jonathan Grimes

2 August 2017

The Attorney General and Unduly Lenient Sentences: Time for a Review

It was announced this week that a record 141 sentences were increased by the Court of Appeal following a referral by the Attorney General.  A total of 190 cases were referred to the Court of Appeal for re-consideration.

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