ARTICLES AND NEWS

Jul 29, 2019

Non-molestation orders: the basics

Sophia Stapleton Since 2009, the number of applications for a non-molestation order have steadily increased. In the period January to March 2019, the number of applications for non-molestation orders increased by 16% when compared with the same period in 2018. The term non-molestation can be confusing. I have, more than once, when explaining an order to a client, been told “Oh it just means I can’t contact her, I thought she was saying I was a child molester.” In practice, n

Jun 25, 2019

The risk of that cheaper holiday

Sophia Stapleton It is undeniable that the cost of going on a family vacation significantly increases during the school holidays. As the cost of living increases, more and more parents feel that the only way to afford the annual family trip is to take children away during the school term. Last year, one in ten school absences in Northern Ireland were reported to be due to unauthorised holidays, more pupils were reported in England and Wales to have been taken out of school fo

Aug 14, 2018

The perils of owning an air weapon without a certificate

With the rise of popularity of paint-balling and air-soft activities, owners of weapons may be leaving themselves vulnerable to prosecution. Joe Davidson was involved in a case where the client had been charged with possessing a firearm without a certificate. This was despite the weapon having been purchased legally from a licenced dealer, with the weapon supposedly being of a power that did not require a certificate. It had not been adapted in any way, and their client had a

Mar 29, 2018

2 Dr Johnson's Buildings to Take Action Against Further Government Cuts That Justice Simply Cann

Following the announcement today by the Criminal Bar Association we have decided that no member of our chambers is prepared to accept instructions in legally aided criminal defence cases in which the representation order is granted on or after 1st April 2018. We will also fully support the days of action proposed by the Criminal Bar Association. There is a crisis in the criminal justice system. It is one of funding. It is now systemic throughout the system. In the Court se

Jan 20, 2018

Notes from a South Seas Island

Peter Dahlsen has spent the last month working in the Attorney-General's office of St Helena, so here are the musings of our Island Correspondent: Dear Reader, So here I am, on one of the most remote islands on the planet, roughly halfway between Brazil and Namibia. St Helena was born out of a volcano, which erupted in the middle of the South Atlantic Ocean some 7 million years ago (the volcano is now extinct, thankfully). The resultant island is 10 miles x 5 miles and has a

Nov 28, 2017

Supplying laughing gas for a recreational purpose is a criminal offence

On 1 November 2017, the Court of Appeal in Chapman [2017] EWCA Crim 1743, upheld convictions of possessing a psychoactive substance with intent to supply. This was because although nitrous oxide (laughing gas) could be used for medicinal purposes, the applicants had intended it for recreational use. On 31 August 2017, the Independent published news that Judge Paul Garlick QC, sitting at Taunton Crown Court, had ruled nitrous oxide was an exempted substance under the Psychoact

Oct 17, 2017

Proposed new offensive weapon offences

On 3 October, Home Secretary Amber Rudd made the long-awaited announcement at the Conservative Party Conference that under 18s will be banned from buying acid, in a bid to crackdown on the recently reported trend of acid attacks. The Home Office launched a consultation on 14 October, dealing with that proposal and changes to offensive weapon legislation. Although it is the proposed changes to the possession of corrosive substances that has grabbed headlines, there are large c

Aug 16, 2017

Witness summons and warrants in the magistrates court

Data released by the Office of National Statistics has revealed that domestic-abuse related crimes accounts for approximately 10% of all crimes reported to the police. Around 70% of cases referred to the CPS, result in prosecutions. But, at court cases are often dropped because the complainant does not turn up. In fact, in the year ending March 2016, 53% of unsuccessful prosecutions were due to complainant retraction, complainant non-attendance or evidence that the complainan

May 24, 2017

Res gestae in domestic abuse cases

“How on earth can I be convicted when she’s not even turning up?!” This is the frank response I received when informing my Defendant client that, despite the Complainant of a domestic common assault not attending court and even making a withdrawal statement, the Prosecution wanted to proceed against him based only on the body worn footage of the Complainant when police attended. This is an example of one of the most common uses of res gestae hearsay in the Magistrates’ court,

Apr 24, 2017

Family Law - Who gets the dog?

Pet custody battles are becoming increasingly common. It was reported in 2016 that solicitors have seen a 30% increase in couples fighting about pet custody. This is perhaps because pets are often seen as members of the family. The PFMA published statistics in 2016 showing that 40% of households in the UK have pets. In 2015, the Telegraph reported that 22% of people surveyed considered their pets not just family members, but close family members. Research by the Dogs Trust fo

Apr 7, 2017

Family Law - Hemain Injunctions

Hemain injunctions are temporary injunctions preventing a party from pursuing litigation in a foreign jurisdiction. Its name derives from the Court of Appeal case Hemain v Hemain [1988] 2 FLR 388. When should a Hemain injunction be considered? Hemain injunctions are useful if the respondent in England is trying to delay the proceedings in England, whilst trying to litigate in a foreign court. When will they be granted? The applicant for the injunction must be able to show tha

Mar 31, 2017

Criminal Law - Live link evidence for vulnerable defendants

This week I observed a case at Basildon Magistrates Court where an application was made for the defendant, who was over the age of 18, to give evidence via live link. The trial had previously been adjourned when the defendant had an epileptic fit in court and proceedings were unable to continue. The application was refused. When can a defendant give evidence via live link? Section 33A of the Youth Justice and Criminal Act 1999 provides that the court can allow a defendant to

Mar 24, 2017

A victimless crime? It makes no odds.

An example of how crunching the numbers can make a substantial difference to your client. At the end of February I attended court with my supervisor Daniel Benjamin, who was defending in a trial concerning one count of Fraud. The Defendant was alleged to have taken £100,000 from his employers, a regional bookmakers, by abusing his position. This was alleged to have occurred on 68 days over a period of 17 months. The Defendant worked as a cashier, with part of his role being t

Mar 17, 2017

Criminal Law - Witness awards

Last month, I observed a case at Wood Green Crown Court, where a witness to a GBH was awarded £400 by a judge for her "public-minded spirit". The witness saw a cyclist dragged from his bike by his rucksack and then stamped on, resulting in a broken sternum and other injuries. The attacker was a car driver who'd had an earlier altercation with the cyclist. The witness took a photo of the registration number of the car and with this information, the police could identify the at

Mar 10, 2017

Criminal Law - Detention of suspects before charge

The treatment of persons in police detention is governed by the Police and Criminal Evidence Act 1984 (PACE) Code C. A suspect under arrest can generally be detained in custody for a maximum of 24 hours. However, when the offence is indictable and it has been authorised by a magistrates' court, detention can be up to 96 hours. Extended time limits apply to those suspected of terrorism, which are not considered in this post. Time spent on bail does not count towards the time a

Nov 17, 2016

Employment Law - The 2 Year Probation Period

It is a common misconception between employees that you are automatically entitled to launch a tribunal claim should your employer not follow the correct dismissal process or procedure. Indeed it seems logical to expect, that an employer should be have to follow the correct procedure when dismissing someone. However, as an employee, should you find yourself being dismissed in a way which you feel is enough to warrant a tribunal claim, you may well be in for a shock. As of 6th

Oct 30, 2016

Criminal Courts, Civil Injunctions, or DVPO?

Sufferers of domestic violence are able to seek help through the civil courts by seeking a non-molestation order, providing they are considered associated persons within the meaning of s.62(3) Family Law Act 1996. Such injunctions can be sought ex-parte (without notice to the respondent) and can provide the victim with almost immediate protection. Where granted, most injunctions are usually in place for a year, but can be extended where there are grounds to do so. Alternative