Legal Articles

Antique Firearms

Written by: Danielle Johnson PNLD Legal Adviser
Published Sunday 25 April 2021

The number of antique firearms used in crime has remained at a relatively high level over the last few years, with the absence of a legal definition of ‘antique firearm’ being exploited by criminals.

Following a public consultation, a new statutory definition for antique firearms has now been legislated.

PNLD Legal Adviser, Danielle Johnson explores the new definition and the changes to the law in more detail.

Read the full article.


The Sentencing Act 2020

Written by: Christiane Rabenstein PNLD Legal Adviser
Published Thursday 25 March 2021

On 1 December 2020, the Sentencing Act 2020 came into force. Its aim is to consolidate the law of sentencing procedure into one single Act, thereby making it more transparent and accessible.

This article, written by PNLD Legal Adviser Christiane Rabenstein, explains the background to this Act and examines some of its main features and its relevance to the police.

Read the full article.


Accidents

Written by: Chris Smith, PNLD Traffic Law Consultant
Published Tuesday 2 March 2021

Section 170 of the Road Traffic Act 1988 (the Act), governs what a driver must do if they are involved in an accident. This article, written by PNLD’s traffic law consultant, Christopher Smith, examines the main provisions of the section and outlines some of the relevant case law. Please note the term ‘accident’ is used in its legal sense within the terms of section 170.

Read the full article.


Special warnings and voluntary attenders

Written by: Ruth Hartley, PNLD Legal Adviser
Published Saturday 30 January 2021

Section 127 of the Magistrates Court Act 1980 requires all summary offences to be laid before the court within 6 months of them being committed, unless otherwise expressly provided in any enactment. A failure to observe the summary time limit holds the consequence of an offence becoming statute barred with the ability to prosecute, being lost.   

Whilst the time limit for summary offences is a requirement that most officers are familiar with, PNLD are often asked for advice on matters arising from the time limit, such as methods of commencing proceedings correctly and other relevant issues. Due to this, PNLD Legal Adviser, Ruth Hartley, provides a re-cap on the summary time limit, touching on some of the matters that PNLD are regularly asked to advise on.

Read the full article.


Special warnings and voluntary attenders

Written by: Zoe McDonald, PNLD Legal Adviser
Published Thursday 24 December 2020

A query received by the Legal Team at PNLD recently, divided opinion. Although a definitive answer could not be found due to an absence of case law on the matter; the differing perspectives made for interesting reading.

As such, PNLD Legal Adviser, Zoe McDonald, has provided an overview of the issue and the varying perspectives.

Read the full article.


E-scooter trials - an overview 

Written by: Chris Smith, PNLD Traffic Law Consultant
Published Wednesday 25 November 2020

Because of the transport issues brought about by the COVID-19 pandemic, relating to social distancing etc., the Government are presently carrying out trials in relation to rental e-scooters. The trials will ultimately guide the final decision as to whether the use of e-scooters will be lawful on our roads and if so, what legislation is needed to bring the change about.

This article, written by PNLD’s traffic law consultant, Christopher Smith, provides an overview of the rules, legislation changes and offences that apply to these trials.

Read the full article.