Serious and General Crime
Following from the recent BCL article discussing digital data requested in investigations, BCL partner, Paul Morris was quoted in an article from The Times on the uses of this data in trials.
After careful consideration of the concerns raised by complainants and certain MPs, the government rightly decided a change was necessary in order to strengthen this particular area of sexual offences within criminal law.
The shock of a criminal conviction, and/or a harsher than expected sentence, can make it hard to think clearly about the options for what to do next. Where a trial and mitigation has been carefully and properly prepared, the advisers who have helped throughout the case will usually be the best placed to say whether there are grounds for an appeal. In some cases the defendants and their family members will want to take a second opinion, but this is never cheap or easy, and time is always of the essence.
An increasing number of people are finding themselves on the receiving end of summary forfeiture proceedings in the magistrates’ court, a system that is designed to be simple and efficient from the point of view of law enforcement, but which carries significant risks for the owners of the property at stake.
For many people who receive or are served with a Crown Court Restraint Order, this will be the first time they have had anything to do with the criminal justice system. In some circumstances it will follow swiftly on from an arrest and/or the execution of a search warrant of their home or business premises, and may have been accompanied by the seizure of cash or property. In others it will simply come alone and without warning, complete with a penal notice to warn the recipient of dire consequences of any failure to comply.