Where a defendant has entered a ‘Guilty Plea’ or has been found ‘Guilty’ by a Jury following a Trial, of committing specific criminal offences, the law provides for minimum terms of imprisonment that a court must impose unless it would be unjust to do so or exceptional circumstances are present which require consideration and recognition.

In our recent article ‘Company Director Disqualification | Company Offences Defence’, we explained the intent behind the issue by the Court of Director Disqualification Orders being primarily to punish unacceptable conduct concerning the administration of companies and to prevent those involved from further company involvement for such period as ordered.

During the course of a criminal Trial, the Court is obliged to ensure that vulnerable parties or witnesses are able to fully understand the proceedings and effectively communicate, which it achieves by the provision of Intermediary Assistance where required. In order to satisfy this requirement, The Youth Justice and Criminal Evidence Act 1999 (‘the Act’) provides certain witnesses access to special measures, where appropriate, to help improve the quality of the evidence given.

Sections 27 and 28 of the Youth Justice and Criminal Evidence Act 1999 allow children and vulnerable adults who are victims or witnesses to be examined ‘in Chief’, or under ‘Cross Examination’, before a Trial commences and for a video recording of that examination to be shown to the Jury during the course of such proceedings in the absence of that child or vulnerable adult. Helen Holder outlines the special measures which can be adopted by a Trial Judge.

The Public Order Act 2023, (‘the Act’), implements new offences designed to support existing Police powers by enabling them to respond more effectively to dangerous protests. Mohammed Ahmed sets out these new offences.

In recognition of the continuing increase in offences involving the use of knives, the Government has published, via the Sentencing Council, two new Sentencing Guidelines (‘the New Guidelines’); one for sentencing organisations and one for sentencing individuals.