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Criminal Defence Blog

Criminal Courts To Remain Open During Third Lockdown

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As the country goes into a third national lockdown the Lord Chancellor has confirmed that the criminal courts will not be closed. Attending court is a legal exemption to the national lockdown ‘stay at home’ restriction. Judges, jurors, court...

Special Reasons argument for Driving without Insurance

Olivia Peck
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What is a  Special Reasons argument? A special reasons argument is put forward to the Court in order to ask the court not to disqualify a motorist from driving or endorsing their licence with penalty points. A conviction for most road traffic offences...

Fail to Provide Driver Details - Company Prosecutions

Helen Johnson
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Does a Company have to provide details of their drivers’ (s172 notice)? If a vehicle is registered at DVLA as being owned by a Company then the Company must provide details of the driver's identity. How is driver information requested? The...

Affray just really what is it?

Olivia Peck
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Affray is a public order offence, the offence is committed if a person threatens or uses unlawful violence or force towards another person, which causes another person of reasonable firmness present at the scene to fear for their safety. If two or more...

I have been accused of Rape. How is a Rape Investigated?

Zara Cowan
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It is regularly reported in the newspapers that the number of Rape prosecutions are falling. Early this year in order to identify areas for improvement the Crown Prosecution Service published a five-year strategy to look at all aspects of how Rape cases are...

Can my information be shared between my Care Proceedings and Criminal Proceedings?

Chelsea  Harris
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The simple answer is yes. Your information can be disclosed and shared between proceedings governed by the 2013 protocol and good practice model . In Care Proceedings, there is a form Annex D that the Local Authority will complete and send to the police to...

Supply of a psychoactive substance and offering to supply

Olivia Peck
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While many of these drugs were once legal, under the Psychoactive Substances Act, 2016, it is now illegal to produce, supply, or import them for human consumption, including for personal use. However, possession for personal use is not an offence. The...

I have been charged with Voyeurism aka "Up skirting"- what does this mean?

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What is Voyeurism? Voyeurism is a relatively new offence which was implemented by the Voyeurism (Offences) Act, 2019 and introduced 2 new offences. A person commits voyeurism under Section 67A (1): where they operate equipment, under another...

Bank Holiday Drinking? A warning to all from Johnson Astills

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Following the difficult times we have all suffered this year with the Covid-19 pandemic it will be easy to get caught up in the bank holiday spirit, especially as this bank holiday the bars in Leicester and other surrounding areas will finally be open, but,...

Can I use modern slavery as a defence to a crime?

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What is modern slavery? An offence of Modern Slavery is committed when someone holds another in slavery or servitude or when another person is made to perform forced or compulsory labour. What does modern slavery involve? The person must know or ought...