A recent High Court decision should remind all those involved in the issuing of simple adult cautions of the need to follow the Ministry of Justice guidance. Disclosure of the evidence (not necessarily the documents) should be provided. Cautions would only be quashed in an exceptional case where a caution is administered in clear breach […]
Section 59 of the Criminal Justice and Police Act 2001 empowers the Crown Court to authorise continued detention of property seized pursuant to a warrant that is, or might be, unlawful. The High Court has recently confirmed that an application pursuant to section 59 may be made notwithstanding that there may be outstanding judicial review […]
An inquest jury should have been called where a vulnerable witness fell ill and died in a police station. The requirement for a jury where death results from the act or omission of a police officer is a ‘low threshold’. The threshold can be cleared by suspicion that the police could or should have done […]
Injunctions to prevent gang-related violence, pursuant to Policing and Crime Act 2009 section 34. Orders are not confined to restraining particular conduct relating to the individual. The court is entitled to consider the conduct attributed to the gang as a whole. […]
A football banning order must apply to all regulated matches. A magistrates’ court may not permit a person to attend some matches but not others. Attendance at a football match does not engage article 8. […]