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A new Crime and Policing Bill is due before Parliament for the first time on 25 February 2025.    The Government claim that “the new bill will help tackle the crimes that matter most to communities but have been ignored for too long.”  

The governments sets out the background to the measures – “the year ending September 2024, police recorded one million incidents of antisocial behaviour. In the same period, they recorded over 490,000 shop theft offences, an increase of 23 percent over the previous 12-month period. Instances of theft from a person increased by 22 percent.  

It is proposed under new warrantless powers of entry  that police will be able to enter premises where stolen phone locations can be identified through a ‘find my phone’ app, WiFi access points, Bluetooth, mobile network technology or tracking devices attached to any other possession or vehicle.

Two aspects of the Bill will propose a separate offence of assault upon shop workers and previous legislation restricting shop thefts with a value of less than £200 to the Magistrates’ Court will be scrapped.

Respect Orders are proposed. These appear to be a re-branded form of Anti-Social Behaviour Orders (ASBOs).  They will be used in conjunction with new powers to seize off-road bikes used in parks and e-scooters used on pavements.

Stalking Protection Orders are to be strengthened, along with a new offence covering spiking and a law preventing certain offenders from changing their names while still a risk.

A full summary of the proposals in the Crime and Policing Bill can be found here.

Contact one of our expert criminal lawyers

It is clear that the Crime and Policing Bill will once more amend the law and bring in a host of new offences.  Our solicitors are able to advise you in relation to any aspect of the new or existing laws.  Please do not hesitate to contact us if you are facing an investigation or prosecution.

Advice and representation in a police interview under caution will always be free of charge to you.

Legal Aid will often be available to defend court proceedings.

We have offices across the East Midlands.

Contact your nearest office here. 

Alternatively you can use the contact form below

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Sam Kerr was prosecuted for an offence of racially aggravated intentional disorderly conduct. The case concerned her behaviour towards a police officer on 30th January 2023 at the Twickenham Police Station. Miss Kerr was acquitted by the jury after a lengthy trial.

The case raises a number of issues.  The first concerns the question of false arrest and a person’s right to escape from a false arrest that could even be considered a kidnapping.

Sam Kerr had been out with her fiancée to a few pubs and cocktail bars. After she felt ill, she called a cab and asked to be driven home. She was then sick out of the window of the cab. This led to the taxi driver requiring her to pay a fee even though the vomit was on the outside of the car. When Miss Kerr refused to pay, the taxi driver called the police who remarkably advised the driver to drive the two women to the police station.

False Imprisonment

“Stupid and white”

Were the police really distressed?

The lessons of the case are that when one is speaking to the police it is essential to mind your exact words. If you are a taxi driver, the best advice is to call the police and wait for them to arrive rather than taking your passengers to the police station.

All people should be careful not to use racist or offensive words in all circumstances not just for social and political reasons, but also to avoid having brushes with the law.

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Sentencing guidelines now exist for a wide range of offences.  New guidelines that govern the imposition of driving disqualifications have been published and will affect all cases sentenced after 1 April 2025.

The new guidelines can be found here.

Much of the guidelines simply restate what are the established rules.  One effect of the guidelines might be to encourage Magistrates or Judges to impose discretionary re-tests (or extended re-tests) for allegations not obviously captured by such a sentence before.

Paragraph 21 of the new guideline says:

“Where there is discretion to order a re-test (whether extended or ordinary), the court may wish to do so where there is evidence of inexperience, incompetence or infirmity, or the disqualification period (with or without a period in custody) is lengthy, meaning the offender is going to be ‘off the road’ for a considerable time.”

This will be important for drivers because as the guideline also sets out:

“The extended retest costs the offender double the amount of the standard practical test. It contains the same elements as the ordinary practical test, but will always be more than 60 minutes in duration, and will always include an emergency stop exercise and driving on roads where the national speed limit applies.”

Our role is to be aware of changes of emphasis within Sentencing Guidelines and tailor persuasive arguments to allow the sentencer to avoid or minimise driving disqualifications where the circumstances permit.  This may involve gathering helpful information relating to the effect of a driving ban or your character.

Contact an expert in road traffic law

Individuals may be at greater risk of driving disqualifications until re-test are passed. We have offices across the East Midlands and will happily travel across the country to provide representation for all types of offences.  Follow the link for contact details.

Alternatively you can use the contact form below.

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Measures have been signed into law this week to ban the keeping of primates as pets.  There are a number of reasons why keeping primates in a domestic setting is problematic.

The legislation brings in a licensing scheme setting strict rules to ensure that only private keepers who meet new welfare and licensing standards will be able to keep primates, delivering on a government manifesto commitment and Action Plan for Animal Welfare pledge to provide greater legal protection for pet primates.

The measures come into force on 6 April 2025, when all primates in England will need to be kept to these zoo-level standards, in effect banning the practice of keeping primates as pets.

It is estimated that up to 5,000 primates are currently kept in domestic settings as pets in the UK. These wild animals have complex welfare and social needs and, according to most experts, cannot be adequately cared for in these environments. The new measures will improve the welfare of potentially thousands of these intelligent animals.

What is the relevant legislation?

The new rules are contained within The Animal Welfare (Primate Licences) (England) Regulations 2023.

What is the penalty for breaking the rules?

There are two potential offences to be considered under The Animal Welfare Act 2006.

• Section 4 of the Animal Welfare Act 2006 makes it an offence for a person who is responsible for an animal to cause the animal unnecessary suffering. This offence carries up to five years imprisonment.
• Section 9 requires a person who is responsible for an animal to provide for the animal’s welfare needs in line with good practice. This offence carries up to 6 months imprisonment.

In addition, the 2023 Regulations create an offence of not complying with a licence condition which carries a maximum penalty of an unlimited fine.

How can we help?

If you require advice or representation in relation to any aspect of the Animal Welfare Act 2006 then please contact an expert criminal solicitor at one of our offices.

Alternatively you can use the contact form below.

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On Friday 23 February 2024 partner Denney Lau had the honour and privilege of hosting the 147th President’s Annual Dinner for the Sheffield and District Law Society.  Denney has been president for the last year.

In an inspirational speech before the attendees, Denney acknowledged his progress from a humble background where he was the first in his family to attend University.

Upon arrival in the United Kingdom as an immigrant, he was unable to speak the language and was, in effect, ‘without a voice’.  He became a solicitor to provide others with a voice and ensure their right to be heard.  Having embarked on that course, however,  he never imagined he would be the holder of such a prestigious position.

Denney extended his thanks to all of his fellow lawyers for continuing to provide people with that voice, and attending the dinner to make it such a special occasion.

As well as presenting an opportunity for local lawyers to get together, awards were given to those locally who have excelled in their respective specialisms.