The Practical Lawyer

In the recent case Sherif [2008], the CA considered the position of those who do not qualify under CJIA 2008 for crediting time spent in remand subject to a curfew to subsequent custodial sentences.

While it is accepted that a caution has its advantages, it is important to highlight to clients the implications it can have further down the road.

Revisions to Code A came into effect at the start of the year, relating to searches where reasonable grounds for suspicion is required (Paras 2.2 and 2.3).

New guidance has been issued by the CA on the sentencing of adult domestic burglars, designed to place greater emphasis on the consequences for the victims.

CJIA 2008, Part 10 creates a new special immigration status for certain designated foreign criminals and their families whom the Home Secretary does not want in the UK but who cannot be removed for human rights reasons.

If a decision was taken at the end of a prisoner’s sentence to transfer him to a mental hospital under s47 Mental Health Act 1983, the decision by the Secretary of State to direct the transfer could not be taken only on the ground that the prisoner would be a danger to the public if released.

The CA warns that considerable caution must be taken before a court will allow admission, as bad character, of reprehensible behaviour other than previous convictions.

Two cases of interest on hearsay evidence:

Earprints are admissible in evidence but the facts of each case must be examined carefully. In a recent case the police had recovered an earprint from a window pane and the expert giving evidence at trial contended that the earprint found on the window pane matched earprints subsequently taken from the defendant.

The CA has given welcome guidance in relation to voice recognition evidence.