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Criminal Law Blog

30 August 2018

The criminal offence of controlling and coercive behaviour: avoiding the potential pitfalls in family proceedings

The criminal offence of Controlling and Coercive behaviour in an intimate and family relationship should be of key significance to family lawyers. Family lawyers know all too well that allegations of harassment and domestic abuse are regularly raised in the context of a relationship breakdown - and instances of Controlling and Coercive behaviour from one partner or spouse towards the other may, once raised, play a significant role in both the divorce and any children proceedings. An allegation of Controlling and Coercive behaviour may give rise to a criminal complaint and an intrusive police investigation. Whether your client has accused their partner of Controlling and Coercive behaviour or is the subject to a police investigation following such an allegation, it is critical to synchronise the criminal and family law advice. This article provides guidance through the tricky and unpredictable process.

Alexandra Bishop

23 August 2018

PACE under review: no excuse for failing to maintain the dignity of those held in custody

On 21 August 2018, the Home Office launched a consultation in respect of further revisions to the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice. While the consultation period is no surprise (it is a statutory requirement), it is breath-taking that such basic standards of decency need to be introduced to the minimum standards of treatment for detained individuals.

Matthew Hardcastle

15 August 2018

European Parliament laments the level of support for victims of crime

The #MeToo campaign has done much to raise awareness of the importance of speaking out when you have been the victim of a crime. Lucy Williams writes on the recent European Parliament Resolution indicates that much more needs to be done. 

10 August 2018

Tougher sentences to come for Gross Negligence Manslaughter

The Sentencing Council issued comprehensive guidelines on manslaughter at the end of July. This follows a consultation process and consideration by the House of Commons Justice Committee. The effect of these guidelines is likely to be an increase in sentences for those convicted of gross negligence manslaughter.

Jonathan Grimes

9 August 2018

Brexit and the EAW: at least now we know what we don’t know

We know that we know next to nothing about the future legal relationship between the EU and the United Kingdom of Great Britain and Northern Ireland. But does that matter for the purposes of the execution of a European arrest warrant (EAW) sent from the UK to Ireland which was issued before the default Brexit date?

Áine Kervick

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