The Growing Prevalence of Prevalence - 25/05/16

It's a case law episode for this Bite, which you can listen to right here.First, R v Bondzie.  Ever wondered why the Crown has taken to serving a statement that just tells you that drug dealing is bad?  Here's why they do it; what effect it could have on sentence; what they need to do to give it an effect and why their efforts to date have been generally pointless and probably damaging to their own aims.Then two quickies: R v Bala, which upholds marriage in all its forms and R v Hussain, in which the Court of Appeal confirms that you can't second-guess...

Sexual Communications - 17/05/16

Listen to this week's show right here. This week, Kirstin examines the little heard of s.67 of the Serious Crime Act 2015 which creates a new offence of sexual communication with a child.   What is it? What does it cover? What does the Crown have to prove? What's the maximum sentence? And the perennial Northpod Law favourite, "Couldn't you just use the offences already on the statute books?"   Actually, that last one might have a bit of a surprising answer - although no doubt Ben wouldn't agree.​ Let us know if you like the new "Bites"...

Defending Rob Titchner - 06/05/16

This week Kirstin's going through s.76 Serious Crime Act 2015.  It deals with coercive control - or domestic violence that's not that physical.  We use the scandalous plot of "The Archers" to briefly explain what can make up the background to these new cases. Take a listen right here. Then we go through the section to look at who can and can't be guilty of the offence and where the problems might lie in making it stick where there are no other offences.  Is this just a way of getting 5 years for common assault? We go on...

Property is Theft - 25/04/16

In this week's show, we take a look at the Sentencing Council's recent Theft Offences guideline. Take a listen right here.  Theft is probably the most common criminal offence that appears before the courts. Of course, there are several types of theft and attitudes towards shoplifting will be rather different than attitudes towards theft from the person.  Not just that but the courts of England and Wales arguably need to have their sentencing practices standardised so that justice is the same no matter where you are.  But of course, it just isn't that simple.  The new Guideline from the Sentencing...