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Having been in practice for nearly 40 years it becomes increasingly noticeable that the judicial system is on its knees. The police and the CPS tell us that they are overworked and understaffed and the courts are inundated with trials. Pressure on the Criminal Justice System We think that some of this can be laid […]

As many people may know, the sentencing guidelines in relation to sexual offences relates to the Judicial and Governmental Guidelines in relation to how a person should be sentenced. These guidelines often come with three categories of culpability (A, B and C) and two categories of harm (A and B).  The Allegation Against Our Client […]

The CPS have a two stage process to charge any offence, be it a sex offence or otherwise. The first stage is “is it in the public interest” or “the public interest test”. Almost all alleged sexual offences will beat the public interest test.  However the second stage of the test is the “evidence threshold” […]

The term “dropped” is a localised term which means that no further action has been taken either by the police or more likely the CPS (Crown Prosecution Service). The complainant can withdraw the complaint in which case it is highly likely that the matter will not proceed. Otherwise, the police, of their own volition can decide […]

If you have been arrested and questioned in relation to an alleged sexual offence, it is highly likely that you will then be given bail. Occasionally you can be remanded into custody but the offence which is alleged against you will need to be of the upmost seriousness for that to happen. There is a […]

The police will seize all your devices and send them to a forensic expert who will eventually (it is the queue that is long not the time that it takes to download the content) extract information from your phone that the police will be interested in to the extent that you may or may not […]

When someone attends voluntarily for an interview with the police, they are not booked into custody. The police will still carry out a “welfare check” to make sure you are fit and well to be interviewed as they have a duty of care to look after you whilst you are in their care. With that […]

If the police receive a complaint, from an individual, an individual’s parents, Social Services, carers or anyone else, they will take it seriously. They will take an initial statement from the complainant and then it is highly likely that they will wish to speak to you. Dependent upon the severity of the allegation they may […]

In recent times, we have noted a marked increase in police applications for a Sexual Risk Order (SRO). This is a Civil Court Order that can be imposed on a person to “protect the public from sexual harm” even without a criminal conviction or caution being in place. The order can come with a range […]

If you have been invited to attend a police interview or are facing arrest, choosing the right legal representation is one of the most important decisions you can make. While duty solicitors are available free of charge, there are significant differences between relying on the duty scheme and instructing a specialist solicitor privately. At Sutton […]