Legal Articles

Domestic Abuse and Protective Measures

Written by: Danielle Johnosn, PNLD Legal Adviser
Published Friday 25 September 2020

Domestic Abuse has prevalently featured in the news in recent months, with reports of a significant rise in cases as a consequence of the current Coronavirus pandemic.

PNLD legal adviser Danielle Johnson provides a brief overview of the current measures available, as well as the possible changes to expect from the Domestic Abuse Bill.

Positive action is a requirement in all domestic abuse cases along with the protection and care of victims and children. Where an offence has been committed an arrest will normally be necessary in order to protect a child or vulnerable person, to prevent the person causing physical injury to himself or another, causing loss or damage to property and to allow the prompt and effective investigation of the offence. However there are cases when an arrest may not be necessary or there are insufficient grounds, in these circumstances the following actions should be considered.

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The Dishonesty Test

Written by: Ian Bridges, PNLD Legal Adviser
Published Tuesday 25 August 2020

An important requirement to be proved in many criminal offences is whether a person has acted ‘dishonestly’ or not; this applies to fraud offences under the Fraud Act 2006 , the offences under the Theft Act 1968, and many other offences which involve ‘dishonesty’. For example, under section 1 of the Theft Act 1968, a person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it, and although section 2 provides for circumstances which are not to be regarded as 'dishonest', the term ‘dishonestly’ itself for theft has not been specifically defined in the legislation. As a result, in determining whether a person has acted dishonestly or not, it has been left for a court or jury to decide what is dishonest, and whether a person has acted dishonestly or not.

PNLD Legal Adviser, Ian Bridges, provides an overview of the case law in relation to dishonesty, in particular the recent case of R v Barton and another 2020, which confirmed the overruling of the dishonesty test in R v Ghosh 1982.

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Lucy's Law

Written by: Zoe McDonald, PNLD Legal Adviser
Published Saturday 25 July 2020

‘Lucy’s Law’ is the colloquial term for the amendment to the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 brought about by the Animal Welfare (Licensing of Activities Involving Animals) (England) (Amendment) Regulations 2019. Lucy’s Law is currently only in force in England, as it is devolved legislation.

PNLD Legal Adviser, Zoe McDonald, provides an overview of the regulations and addresses what have been perceived as loopholes in the legislation in terms of jurisdiction, as well as looking at the confusion regarding what provisions apply to licence holders as opposed to those who are occasional breeders.

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Road Traffic Legislation – Temporary Changes for the COVID-19 Pandemic

Written by: Christopher Smith, PNLD Traffic Law Consultant
Published Thursday 18 June 2020

Over the last few months, there have been many temporary changes to road traffic legislation, brought about by the Government’s response to the COVID-19 pandemic. This article, written by PNLD’s Traffic Law Consultant, Christopher Smith, highlights the main modifications currently made to the legislation. However, it should be noted that at present the situation can change very rapidly.

In compiling this article, we would like to express our thanks to staff at the DfT, DVLA and DVSA for the information they have provided.

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Lockdown and release - the key to policing powers

Written by: Helen Hanley, PNLD Legal Adviser
Published Tuesday 26 May 2020

The Government is facing one of its biggest challenges to date; to stop the exponential growth in the number of deaths caused by Coronavirus (over 35,000 to date) and curtail its rate of infection. On the 25th March, the Government introduced the Coronavirus Act 2020 to enable it to respond to this emergency and to manage the effect of the COVID-19 pandemic, and on the 26th March 2020, the Government commenced a ‘lockdown’.

New Regulations were introduced to create restrictions on movement and gatherings, and provide the police with powers, the likes of which, have never been seen before. By doing this, to some extent, the Government is achieving its objective; the rate of spread (at the time of writing) is now estimated as less than 1. As a result, the Government now believe that it is important to commence an easing of the lockdown and seek to balance the need to keep the rate of spread down against the need to get the economy moving.

PNLD Legal Adviser, Helen Hanley, provides an overview of the current legislation, the police’s approach to enforcement, the Government’s 3-step plan and what is to come.

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An Interpretation of the Voyeurism Offences -
The Filming of a Partner During Sexual Intercourse Without Consent is a Criminal Offence

Written by: Shelley Gregory, PNLD Legal Adviser
Published Saturday 25 April 2020

The recent case of R v Richards 2020, which was heard at the Criminal Division of the Court of Appeal on 28th January 2020, saw the court interpret a ‘private act’ for the offence of voyeurism, and in particular with regards to the use of recording equipment. 

Legal Adviser, Shelley Gregory, takes a look at the case and the relevant legislation.

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