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A number of cases have hit the news recently relating to scams or frauds carried out using Tinder. The Tinder app is available in nearly two hundred countries, with an...
https://www.nelson-guest.co.uk/blog/tinder-fraud/
A Bill is progressing through Parliament to set up a register of overseas entities and their beneficial owners and require overseas entities who own land to register in certain circumstances....
https://www.nelson-guest.co.uk/blog/economic-crime/
Europol has issued a report on the way criminal networks have adapted to new opportunities and demand for products generated by the pandemic. The Intellectual Property Crime Theft Assessment 2022...
https://www.nelson-guest.co.uk/blog/counterfeit-and-pirated-goods/
The Government has announced that a new offence of cyberflashing is to be introduced. The offence will be included in the Online Safety Bill as part of the Government’s efforts...
https://www.nelson-guest.co.uk/blog/cyberflashing/
In 1987 a private investigator called Daniel Morgan was murdered in Sydenham; despite several investigations, no one has been convicted for his murder. It was long suspected that police corruption...
https://www.nelson-guest.co.uk/blog/daniel-morgan-review-alleged-met-police-corruption/
The Environment Agency Chief Executive, Sir James Bevan, has made a speech on waste crime at an event with Let’s Recycle and the Environmental Services Association. The Executive said that...
https://www.nelson-guest.co.uk/blog/crackdown-on-waste-crime/
The Attorney General has referred questions of law to the Court Appeal, acting in her role as the Guardian of the Public Interest. The questions concern the proper scope of...
https://www.nelson-guest.co.uk/blog/criminal-charges-and-protests/
The government has announced further projects as part of the Prison Leavers Project, which is a cross-government initiative helping offenders released from prison. Statistics demonstrate that offenders who are released...
https://www.nelson-guest.co.uk/blog/prison-leavers-project/
The Justice and Home Affairs Committee has published a report, “Technology Rules? The advent of new technologies in the justice system”. The development of artificial intelligence or AI has impacted...
https://www.nelson-guest.co.uk/blog/technology-and-the-justice-system/
Over the last two years, over 70 X-ray body scanners have been installed in all closed male prisons, producing high-quality images of concealed contraband so that prison officers can easily...
https://www.nelson-guest.co.uk/blog/airport-style-security-in-prison/
Alcohol tags were launched as part of the government’s plans to reduce alcohol-fuelled crime. Following a successful rollout in Wales, the tags were introduced in England in March 2021. Offenders...
https://www.nelson-guest.co.uk/blog/alcohol-tags/
Revised sentencing guidelines for domestic, non-domestic and aggravated burglary offences in England and Wales, which come into effect on 1 July 2022 (for persons sentenced on or after that date),...
https://www.nelson-guest.co.uk/blog/burglary-new-sentencing-guidelines/
The Sentencing Council has this week published revised sentencing guidelines for a number of sexual offences. These new guidelines will apply to those sentenced on or after 31 May 2022,...
https://www.nelson-guest.co.uk/blog/sentencing-guidelines-for-sexual-offences/
It has been a busy week for new policy announcements, with these coming from the Ministry of Justice in the last few days. Prison leavers tagged to cut alcohol-fuelled crime...
https://www.nelson-guest.co.uk/blog/new-criminal-justice-initiatives/
The problem The general rule for attributing liability to companies in English and Welsh criminal law is the ‘identification principle’. This states that where a particular mental state is required,...
https://www.nelson-guest.co.uk/blog/corporate-criminal-liability-problem/
A recent Court of Appeal case shed some light on the use of algorithms to measure the likely quantities of drugs supplied by a particular defendant. The algorithm has been...
https://www.nelson-guest.co.uk/blog/drug-supply-the-role-of-algorithms/
With effect from 27th June 2022 barristers in England & Wales will be taking industrial action in order to protest against what they see as the deteriorating state of the...
https://www.nelson-guest.co.uk/blog/barristers-strike-action/
Facing an allegation of professional misconduct can have a serious impact on your career and reputation. Not only this, but the prospect of being put under such scrutiny can be...
https://www.nelson-guest.co.uk/services/regulatory-law/professional-discipline-misconduct/
Being found to be in breach of the law following an investigation by the Health and Safety Executive can be incredibly distressing, as well as damaging for your business and...
https://www.nelson-guest.co.uk/services/regulatory-law/health-safety-prosecutions/
Trading standards investigations often involve undergoing incredibly tense processes, which can have an adverse effect on your business dealings and operations. Thankfully, our solicitors have plenty of experience in handling...
https://www.nelson-guest.co.uk/services/regulatory-law/trading-standards-investigations/
A comprehensive package of 12 new and revised sentencing guidelines for offenders convicted of motoring offences in England and Wales have been published this week by the Sentencing Council for...
https://www.nelson-guest.co.uk/blog/motoring-offences-proposed-sentencing-guidelines-published/
The Law Commission of England and Wales has recently proposed new recommendations to strengthen the law to protect victims of intimate image abuse. The law reforms, published following a detailed...
https://www.nelson-guest.co.uk/blog/reforms-protect-victims-of-intimate-image-abuse/
A commitment to fairness for all parties is at the heart of a new Defendants Strategy, launched this week by the Crown Prosecution Service (CPS). The three-year strategy addresses areas where...
https://www.nelson-guest.co.uk/blog/cps-launches-defendants-strategy/
The family of a 14-year-old boy who was chased through the streets, racially abused and stabbed to death are calling for new laws to improve diversity on juries, after his...
https://www.nelson-guest.co.uk/blog/call-for-more-diverse-juries/
Sections 63 and 64 of The Police, Crime, Sentencing and Courts Act 2022 came in to force on 1st August 2022. It created two new offences of trespass with intent...
https://www.nelson-guest.co.uk/blog/new-hunting-offences/
Former footballer Ryan Giggs is on trial for a number of offences including “using controlling and coercive behaviour”. We of course would never comment on an ongoing trial, but in...
https://www.nelson-guest.co.uk/blog/the-ryan-giggs-trial/
Confiscation remains one of the most challenging areas of criminal law, confusing not only clients but also many lawyers with insufficient expertise in this area. In a recent case, the...
https://www.nelson-guest.co.uk/blog/confiscation-and-proportionality/
As part of a standard stop and search, police officers can require those being searched to remove an outer coat, jacket, or gloves. Officers also have legal powers to require...
https://www.nelson-guest.co.uk/blog/police-powers-strip-searching/
Kenya has completed her LLB, LLM and Legal Practice Course, where she attended the University of Westminster. Kenya previously worked for a legal consultant drafting contracts and partnership agreements but...
https://www.nelson-guest.co.uk/people/kenya-freitas/
Custody time limits seek to regulate the maximum period that a person can be held in custody before their trial commencing. Broadly speaking, that period is one of six months....
https://www.nelson-guest.co.uk/blog/barrister-strikes-and-custody-time-limits/
In a recent case (Spivey [2022] EWCA Crim 997) a Judge was faced with offenders who had just turned 18 years of age. When sentencing, he made the following observation:...
https://www.nelson-guest.co.uk/blog/age-sentencing/
When sentencing for offences of assault, the use of a weapon will always be an aggravating feature. The sentencing guideline also refers explicitly to “highly dangerous weapons” and will be...
https://www.nelson-guest.co.uk/blog/highly-dangerous-weapons-sentencing/
Given we are criminal defence lawyers we interact with police on a regular basis, but perhaps without thinking too much about the office of police constable and what it entails....
https://www.nelson-guest.co.uk/blog/police-constables/
HM Prison & Probation Service launched an electronic tagging programme to improve efficiency and increase the usefulness of tagging for police and probation services, but after significant setbacks and delays...
https://www.nelson-guest.co.uk/blog/public-accounts-committee-report-condemns-government-electronic-tagging-strategy/
Changes to pre-charge bail arrangements and the current system of “release under investigation” are expected to come into force in late October 2022 when schedule 4 of the Police, Crime,...
https://www.nelson-guest.co.uk/blog/pre-charge-bail-changes-coming-soon/
A new public order bill is currently before parliament and may trigger a more authoritarian approach to protest rights. Introducing the bill, then Secretary of State for the Home Office...
https://www.nelson-guest.co.uk/blog/new-public-order-laws/
For decades academics, policy makers, practitioners and other experts have deliberated on how best to create safer communities by preventing offending by children. For the past 20 years or more,...
https://www.nelson-guest.co.uk/blog/what-works-in-youth-justice/
A lasting power of attorney is a legal document which allows a donor to appoint an attorney to help them make financial and welfare decisions. If there comes a time...
https://www.nelson-guest.co.uk/services/powers-of-attorney/attorney-disputes/
Any avid fan of American courtroom drama will be familiar with the idea of lawyers using ingenious methods to try and select a favourable jury panel. In England and Wales,...
https://www.nelson-guest.co.uk/blog/juror-bias/
In 2016 the Supreme Court held that the joint enterprise laws needed revisiting, holding that previous cases were wrongly decided: ‘The unanimous conclusion of the court is that Chan Wing-Siu...
https://www.nelson-guest.co.uk/blog/joint-enterprise-another-wrong-turn/
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