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Application of the offence under section 38 of the Sexual Offences Act to a care worker on sick leave

Case Law
 In R v Culverwell 2026, a care worker on sick leave fell within the scope of section 38 of the Sexual Offences Act 2003 when read with section 42(3) of the Act as the offence centres on an abuse of trust and confidence and did not require the care worker to be physically performing their care duties at the time of the offence.

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Cross Border powers - suspect wanted in England / Wales but now in Scotland

Legal Q&A


 If a suspect commits an offence in England / Wales and is now known to be in Scotland (or vice versa), what powers exist to arrest the suspect? 

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Meaning of police powers, privileges and benefit

Case Law
 In the case of R v Silver 2025, the court held that the terms police 'powers', 'privileges' and 'benefit' under section 26 of the Criminal Justice and Courts Act 2015, should not be interpreted in a restrictive way which would be inconsistent with the intention to catch police misconduct going beyond what would amount to the common law offence.

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In the Spotlight

Welcome to our legal feature 'In the Spotlight'

Bringing focus to a legal topic, making your professional life simpler by:

  • Demystify complex legislation
  • Improve your legal knowledge
  • Evidence continuous personal development
  • Understand how to apply the law competently

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In the Spotlight