Category: prosecutions

Know your limits, show your limits: Lessons from Food Standards Agency v Bakers of Nailsea Ltd (2020) – St Philips Barristers

Posted February 11th, 2021 in chambers articles, criminal procedure, food hygiene, interpretation, limitations, news, prosecutions, regulations, time limits by sally

‘The Food Standards Agency (“FSA”) made three applications for the issue of a summons to commence proceedings against Bakers of Nailsea Ltd (“BNL”), the food business operator for an abattoir in Nailsea, near Bristol, for offences contrary to the Food Safety and Hygiene (England) Regulations 2013 (“the 2013 Regulations”).’

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St Philips Barristers, 9th February 2021

Source: st-philips.com

Almost a third of prosecutions under coronavirus laws dropped, review shows – The Independent

Posted February 8th, 2021 in coronavirus, Crown Prosecution Service, enforcement, news, police, prosecutions, statistics by tracey

‘Almost a third of prosecutions under coronavirus laws have been brought incorrectly, leading to hundreds of cases being dropped, analysis has revealed. A review by the Crown Prosecution Service (CPS) found that 359 of 1,252 charges last year under laws brought in to aid public health measures were later withdrawn or quashed in court.’

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The Independent, 7th February 2021

Source: www.independent.co.uk

Certainly Uncertain: the future of prosecutions in relation to Coronavirus Support Payments – Carmelite Chambers

Posted February 2nd, 2021 in coronavirus, fraud, loans, news, prosecutions by sally

‘William England and Mark Watson consider the widely reported instances of fraud in relation to the government’s coronavirus support schemes and the implications for prosecutions.’

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Carmelite Chambers, 28th January 2021

Source: www.carmelitechambers.co.uk

CPS denies major change in rape charging policy despite falling rates – The Guardian

Posted January 28th, 2021 in appeals, Crown Prosecution Service, juries, news, prosecutions, rape, sexual offences, victims by sally

‘The Crown Prosecution Service has denied making major changes to its approach to charging rape, at a landmark legal hearing at the court of appeal.’

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The Guardian, 27th January 2021

Source: www.theguardian.com

CPS accused of ‘systemic illegality’ in charging rape cases – The Guardian

Posted January 27th, 2021 in codes of practice, Crown Prosecution Service, equality, news, prosecutions, rape, women by sally

‘The Crown Prosecution Service (CPS) has been accused of “systemic illegality” in its approach to charging rape cases in a landmark judicial review into how the crime is prosecuted.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Rape victims speak out ahead of legal challenge to CPS policy – The Guardian

Posted January 26th, 2021 in Crown Prosecution Service, judicial review, news, prosecutions, statistics, victims by sally

‘Rape victims at the heart of a landmark court case have told the Guardian they have been failed by the Crown Prosecution Service, ahead of a legal challenge to how the crime is charged and prosecuted.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

‘They decided the jury wouldn’t believe me’: CPS accused of secret change to rape policy – The Guardian

Posted January 25th, 2021 in Crown Prosecution Service, juries, news, prosecutions, rape, sexual offences, victims by tracey

‘In a landmark hearing this week, rape victims aim to discover if their complaints failed due to a covert move to drop “weak cases.” ‘

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The Guardian, 24th January 2021

Source: www.theguardian.com

Home Office criticised prosecutors for ‘applying the law’ in immigration cases, CPS chief says – The Independent

Posted January 25th, 2021 in Crown Prosecution Service, government departments, immigration, news, prosecutions, rule of law by tracey

‘The government has repeatedly criticised prosecutors for doing “no more than applying the law”, the head of the Crown Prosecution Service (CPS) has said.’

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The Independent, 24th January 2021

Source: www.independent.co.uk

Another SRA prosecution fails but regulator avoids costs order – Legal Futures

Posted January 21st, 2021 in costs, disciplinary procedures, law firms, news, prosecutions, Solicitors Regulation Authority, tribunals by sally

The Solicitors Regulation Authority (SRA) was justified in prosecuting two law firm partners even though all of the allegations were dismissed, a tribunal has ruled.

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Legal Futures, 21st January 2021

Source: www.legalfutures.co.uk

The Overseas Operations Bill ‘Does nothing to protect soldiers and breaches international law’ – Each Other

Posted January 12th, 2021 in armed forces, bills, international courts, international law, limitations, news, prosecutions, time limits, torture, war crimes by sally

‘A former senior legal officer for the British Army has spoken out against The Overseas Operations Bill currently on its way through parliament, saying it does nothing to protect soldiers and breaches international law.’

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Each Other, 12th January 2021

Source: eachother.org.uk

More than 1,000 Extinction Rebellion activists taken to court – The Guardian

Posted January 8th, 2021 in climate change, coronavirus, criminal justice, Crown Prosecution Service, demonstrations, environmental protection, news, prosecutions, public order by tracey

‘More than 1,000 people who took part in environmental direct action organised by Extinction Rebellion have been taken to court in what experts say is one of the biggest crackdowns on protest in British legal history.’

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The Guardian, 8th January 2021

Source: www.theguardian.com

New CPS guidance on charging for police and prosecutors – Crown Prosecution Service

Posted January 7th, 2021 in codes of practice, criminal justice, Crown Prosecution Service, news, prosecutions by tracey

‘NEW legal guidance to set updated rules on charging criminal cases has been published by the Director of Public Prosecutions today.

The Director’s Guidance on Charging 6th Edition (DG6) has been unveiled by The Crown Prosecution Service with the new rules coming into immediate effect. The document, which was last updated in 2013, provides a clear set of guidelines for prosecutors and police to ensure cases are referred to the CPS at the right time; with the right material and information so that prosecutors can make immediate charging decisions and cases pass effectively and efficiently through the criminal justice system.’

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Crown Prosecution Service, 31st December 2020

Source: www.cps.gov.uk

Role of grooming of women involved in violent crime examined as part of new gangs guidance – Crown Prosecution Service

Posted December 16th, 2020 in bias, children, codes of practice, Crown Prosecution Service, gangs, news, prosecutions, victims, women, young persons by tracey

‘Prosecutors working on gang-related cases which involve women and girls should consider if there is evidence they have been forced or groomed into committing crime, according to new legal guidance published today. The guidance, Decision-making in “gang” related offences, has been drawn up by the Crown Prosecution Service to give lawyers practical advice on building the strongest possible cases and gathering robust evidence to present to the court.’

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Crown Prosecution Service, 16th December 2020

Source: www.cps.gov.uk

Rape and sexual assault: ‘Money needed’ to speed up investigations – BBC News

Posted December 14th, 2020 in charities, criminal justice, Crown Prosecution Service, news, police, prosecutions, rape, sexual offences, statistics, victims by tracey

‘Police and prosecutors need more resources as sexual assault and rape investigations are taking longer, a charity that supports victims has said.’

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BBC News, 14th December 2020

Source: www.bbc.co.uk

Court finds UK war crimes but will not take action – BBC News

Posted December 10th, 2020 in international courts, Iraq, news, prosecutions, war crimes by tracey

‘The International Criminal Court says it will not take action against the UK, despite finding evidence British troops committed war crimes in Iraq.’

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BBC News, 9th December 2020

Source: www.bbc.co.uk

Law Commission issues proposals for reforming offence of misconduct in public office – Local Government Lawyer

Posted December 8th, 2020 in corruption, Law Commission, misfeasance in public office, news, prosecutions, statutory duty by sally

‘The “outdated and unclear” common law offence of misconduct in public office should be replaced by two new statutory offences of corruption in public office and breach of duty in public office, the Law Commission has said.’

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Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

CPS says: How we’re working to overcome harmful rape myths and stereotypes – Crown Prosecution Service

Posted December 2nd, 2020 in codes of practice, consultations, criminal justice, Crown Prosecution Service, news, prosecutions, rape, sexual offences, victims by tracey

‘As an experienced prosecutor of rape and serious sexual offences, I never underestimate the courage it takes for a victim to report such a deeply violating and distressing event to police. CPS staff, especially those on our RASSO teams are all too aware of the unique barriers many face when deciding whether to report offences relating to sexual assault; these include shame, guilt, fear of the process, fear of not being believed, shock, cultural context, embarrassment, language barriers and fear of reprisal from the community.’

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Crown Prosecution Service, 29th November 2020

Source: www.cps.gov.uk

Government urged to fix ‘disastrous state’ of rape prosecutions – The Guardian

Posted November 30th, 2020 in charities, criminal justice, Crown Prosecution Service, government departments, news, police, prosecutions, rape, sexual offences, statistics, statute law revision, victims, women by sally

‘An alliance of women’s organisations is calling for radical reforms to address the “disastrous state” of rape investigations and prosecutions, including a ministerial lead, a commission on juries and a ban on the use of sexual history evidence.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Harry Dunn death: family begins court case against Foreign Office – The Guardian

Posted November 12th, 2020 in armed forces, dangerous driving, diplomats, families, government departments, human rights, immunity, judicial review, news, prosecutions by tracey

‘The family of Harry Dunn, the 19-year-old motorcyclist killed outside a US airbase, have begun their court case seeking a ruling that the Foreign Office acted unlawfully in granting diplomatic immunity to the American driver of the car that killed him.’

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The Guardian, 11th November 2020

Source: www.theguardian.com

UK lawyers uneasy about plan to prosecute hate speech at home – The Guardian

Posted November 5th, 2020 in freedom of expression, hate crime, Law Commission, news, privacy, prosecutions by tracey

‘Proposals to prosecute individuals for hate crimes based on what they discuss in their own homes need to be more widely debated, free speech organisations have said.’

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The Guardian, 4th November 2020

Source: www.theguardian.com