17 February 2015
Intoxication and consent in rape allegations – a double standard?
Alison Saunders, the Director of Public Prosecutions (“DPP”), recently announced new guidelines (“toolkits”) reminding police that people may be unable to consent to sexual activity when they are incapacitated through drink or drugs. This blog reviews this guidance and explores whether it says anything new and how it may be applied to cases where both parties are intoxicated.
13 February 2015
Fifty shades beyond the rule of law
Like all fads the release of the 50 Shades of Grey movie will generate copy cats. A gentle word of warning and caution is necessary.
6 February 2015
Publicity Order and prison sentence in latest corporate manslaughter case
On 3 February 2015 Cumbrian building firm Peter Mawson Ltd became the latest company to be convicted of corporate manslaughter. The conviction followed the death of Jason Pennington who was killed in 2011 when he fell through a skylight onto concrete. The company, which pleaded guilty to the offence, was fined £220,000, as well as costs of £31,500.
3 February 2015
High Court rules that the restriction of books in prisons is unlawful
A recent High Court judgment has ruled that the controversial ban on the receipt of books by prisoners is unlawful. In his damning judgment, Mr Justice Collins was highly critical of the Ministry of Justice’s implication and justification of the Prison Service Instruction (PSI) 30/2013 which amended the Incentives and Earned Privileges (IEP) Scheme in November 2013.
22 January 2015
Tilting the scales? Key aspects of the defence case may soon be disclosed to prosecution witnesses
The CPS is currently consulting on its newly published draft guidance on the treatment of, and information to be given to, witnesses and purported victims prior to and during trial. Whilst this guidance seems to be specifically targeted at vulnerable witnesses, it is not limited to such and could be applied in respect of all prosecution witnesses and purported victims.
