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Ruling regarding defence of reasonable excuse in relation to breach of restraining order

Case Law
 In the case of R v Selvage 2025, the defendant’s conviction for breach of restraining order was quashed where the trial judge wrongly directed the jury that the defendant bore the burden of proving reasonable excuse on the balance of probabilities. Case law had previously established that once the defence of reasonable excuse is raised the burden passes to the prosecution to disprove the defendant’s belief.

New offences relating to online material promoting unlawful immigration

Legal Update

 Further provisions of the Border Security, Asylum and Immigration Act 2025 are in force from 2 February 2026.

Powers of arrest - found committing

Legal Q&A

 Some statutes make liable to arrest any person "found committing" an offence. What is the extent of the phrase "found committing"?

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