Legislation
End the uncertainty caused by long police investigations
Article by: Claire Anderson. Leaving suspects in the dark for years can destroy lives – our justice system must unite for change. Waiting for results is stressful, whether it be for medical tests or exams, indeed anything that will have an impact on one’s life and future. Imagine a serious sexual allegation is made against…
Read MorePowers of the Police: When to provide your mobile phone PIN or Password
Article by: Louise Ahmad Can a Police Officer seize your mobile phone and do you have to provide your PIN or Password? When arresting a suspect, the police will routinely seize any mobile telephones in the suspect’s possession in order to gather evidence that may indicate their involvement in criminal activity. Such evidence can be…
Read MoreThe right to be offensive? CAA v The Director of Public Prosecutions [2019] EWHC 9 (Admin)
Article by: Zaki Hashmi In English law the right to free speech is governed in large part by the provisions of section 5 of the Public Order Act 1986. Under this section it is an offence to use threatening or abusive words within the hearing or sight of a person likely to be caused…
Read MoreThe Sharp End of the Law? Knife Crime Prevention Orders
Article by: Alice Brackenbury A glance at any current news source reveals rising government and public concern about knife crime. The latest government proposal to tackle knife crime has, however, provoked widespread criticism. Under the Offensive Weapons Bill 2017-19 as currently drafted, Knife Crime Prevention Orders are civil orders which, it is proposed, could…
Read More‘Upskirting’ to be made a criminal offence
Article by: Shaheen Rahman An issue which has received substantial press coverage in recent weeks is one of ‘upskirting’. Under English law there are no specific offences of upskirting (despite it being an offence in Scotland) and such cases have been prosecuted in the past as offences of outraging public decency. This issue was…
Read MorePolice Voluntary Interviews – Protect Yourself
Article by: Claire Anderson As the result of a change in the regulations relating to police bail in April 2017, the Police are now choosing to invite a large number of suspects in an investigation to attend what is called a ‘voluntary interview’ or what the police call a ‘caution plus 3’ interview. This…
Read MoreLegal Professional Privilege – SFO v ENRC
Article by: Zaki Hashmi Introduction The Court of Appeal’s recent judgment in Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006 has been welcomed by the legal profession and is of benefit to all organisations potentially facing criminal investigation. This article sets out to explain how this…
Read MoreAnonymity for suspects?
Article by: Zaki Hashmi Following the “drone” incident at Gatwick airport over Christmas 2018, when the arrest of two suspects led to widespread media coverage, there have been renewed calls for an anonymity law preventing the identification of suspects who have been arrested but not charged with a criminal offence. Paul Gait and Elaine…
Read MoreFrom Police “Bail” to “Released Under Investigation”
Article by: Rishi Verma Since the 3rd of April 2017 there has been a substantial shift in the law surrounding investigations. After being arrested a suspect would face one of three scenarios; charged with an offence, no further action or, most frequently, bailed to return to the police station on another date. A bail…
Read MoreFighting Injustice at the Police Station and in Court
Article by: Akhtar Ahmad With over 5 million crimes reported, Government figures from last year confirmed that in the year ending March 2017, 780,000 arrests were made by the Police in England and Wales which is half the figure it was 10 years ago. Whilst arrests by the Police are dropping significantly, “Voluntary Interviews”…
Read MoreWhat is a Schedule 7 Examination
Article by: Robert Borwick Examinations are used to determine whether an individual is concerned in the commission, preparation or instigation of acts of terrorism.
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