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 a jury.
The Law Commission has reported on its sentencing code project. If you want to read more you can do so here.
Let us know whether you prefer the show like this or if you'd prefer to go back to listening to us drinking wine and eating cake.
PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words. We'd be e'er so obliged. It helps us get up the search rankings, ya see. If you use iTunes, please click here and it'll take just seconds!
Thursday, 26 May 2016
Tuesday, 17 May 2016
Sexual Communications - 17/05/16
Ben Knight
20:39
abuse, communication, criminal, evidence, grooming, Kirstin Beswick, sentencing, serious crime, sex
No comments
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" format (shorter and with less wine and cake) or if you are longing for a return to our longer format. If you are a law student, we'd be really grateful if you would spread the news of our show's return around your law school friends. Also, get in touch. We'd love to hear from you.
PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words. We'd be e'er so obliged. It helps us get up the search rankings, ya see. If you use iTunes, please click here and it'll take just seconds!
PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words. We'd be e'er so obliged. It helps us get up the search rankings, ya see. If you use iTunes, please click here and it'll take just seconds!
Monday, 9 May 2016
Defending Rob Titchner - 06/05/16
Ben Knight
12:06
Archers, assault, BBC, coercive behaviour, common assault, crime, domestic abuse, Helen Archer, Helen Titchner, Kirstin Beswick, Radio 4, Rob Titchner
No comments
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 to look at the practicalities involved for a trial - problems the prosecution will face and the holes that might be worth poking at if you're defending.
Let us know if you like the new "Bites" format (shorter and with less wine and cake) or if you are longing for a return to our longer format. If you are a law student, we'd be really grateful if you would spread the news of our show's return around your law school friends. Also, get in touch. We'd love to hear from you.
PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words. We'd be e'er so obliged. It helps us get up the search rankings, ya see. If you use iTunes, please click here and it'll take just seconds!
Monday, 25 April 2016
Property is Theft - 25/04/16
Ben Knight
23:32
courts, crime, current practice, magistrates, mental health, parity, prison, robbery, sentencing, shoplifting, theft
32 comments
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 Council sets out to fix it all but, in the process, really might make some things rather a lot worse...
Let us know if you like the new "Bites" format (shorter and with less wine and cake) or if you are longing for a return to our longer format. If you are a law student, we'd be really grateful if you would spread the news of our show's return around your law school friends. Also, get in touch. We'd love to hear from you.
PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words. We'd be e'er so obliged. It helps us get up the search rankings, ya see. If you use iTunes, please click here and it'll take just seconds!
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 Council sets out to fix it all but, in the process, really might make some things rather a lot worse...
Let us know if you like the new "Bites" format (shorter and with less wine and cake) or if you are longing for a return to our longer format. If you are a law student, we'd be really grateful if you would spread the news of our show's return around your law school friends. Also, get in touch. We'd love to hear from you.
PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words. We'd be e'er so obliged. It helps us get up the search rankings, ya see. If you use iTunes, please click here and it'll take just seconds!
Sunday, 17 April 2016
Done Over By Do-Overs? - 17/04/16
Ben Knight
21:56
abuse of process, court of appeal, crown court, drugs, juries, Justice, murder, rape, retrial, sexual offences, terrorism, trafficking, unfair
No comments
In this week's show, we take a look at what happens when juries cannot reach a verdict. Take a listen right here.
Many people, especially defendants, are quite horrified when they find out that the prosecution can decide whether it wants to have not just a second attempt but, sometimes, a third attempt!
In this episode, we consider what the "sometimes" above actually means.
Let us know if you like the new "Bites" format (shorter and with less wine and cake) or if you are longing for a return to our longer format. If you are a law student, we'd be really grateful if you would spread the news of our show's return around your law school friends. Also, get in touch. We'd love to hear from you.
PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words. We'd be e'er so obliged. It helps us get up the search rankings, ya see. If you use iTunes, please click here and it'll take just seconds!
Many people, especially defendants, are quite horrified when they find out that the prosecution can decide whether it wants to have not just a second attempt but, sometimes, a third attempt!
In this episode, we consider what the "sometimes" above actually means.
Let us know if you like the new "Bites" format (shorter and with less wine and cake) or if you are longing for a return to our longer format. If you are a law student, we'd be really grateful if you would spread the news of our show's return around your law school friends. Also, get in touch. We'd love to hear from you.
PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words. We'd be e'er so obliged. It helps us get up the search rankings, ya see. If you use iTunes, please click here and it'll take just seconds!
Sunday, 10 April 2016
Butting Heads With Beavis - 10/04/16
Ben Knight
19:48
bpa, british parking association, civil, contract, equita, parking, parkingeye, penalty, supreme court, unfair, we're back!
No comments
You can listen to this week's show right here.
We have been away for an absolute eternity but the wait is over!
This week, we are looking at the Supreme Court decision in ParkingEye v Beavis (2015)
This is a decision that will impact on most motorists at some point in their life and will have effects in contract law as it amends a fundamental doctrine of English law.
So, whether you are listening because you are looking into an unfair parking ticket or whether you are listening because you want to see how the Supreme Court has brutalised a long-standing legal doctrine, this brief analysis may help you.
Let us know if you like the new "Bites" format (shorter and with less wine and cake) or if you are longing for a return to our longer format.
If you are a law student, we'd be really grateful if you would spread the news of our show's return around your law school friends. Also, get in touch. We'd love to hear from you.
PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words. We'd be e'er so obliged. It helps us get up the search rankings, ya see. If you use iTunes, please click here and it'll take just seconds!
We have been away for an absolute eternity but the wait is over!
This week, we are looking at the Supreme Court decision in ParkingEye v Beavis (2015)
This is a decision that will impact on most motorists at some point in their life and will have effects in contract law as it amends a fundamental doctrine of English law.
So, whether you are listening because you are looking into an unfair parking ticket or whether you are listening because you want to see how the Supreme Court has brutalised a long-standing legal doctrine, this brief analysis may help you.
Let us know if you like the new "Bites" format (shorter and with less wine and cake) or if you are longing for a return to our longer format.
If you are a law student, we'd be really grateful if you would spread the news of our show's return around your law school friends. Also, get in touch. We'd love to hear from you.
PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words. We'd be e'er so obliged. It helps us get up the search rankings, ya see. If you use iTunes, please click here and it'll take just seconds!
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