Legal Articles

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.

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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.

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Is it lawful to obtain biometrics for an excess offence still under investigation? 

Written by: Shelley Gregory, PNLD Legal Adviser
Published Sunday 25 October 2020

PNLD Legal Adviser, Shelley Gregory, provides an overview of the advice received by PNLD from external sources, regarding police powers to obtain biometrics from a suspect arrested for an excess offence that is still under investigation.

PNLD have received various queries from officers in relation to the taking of biometrics following an arrest under section 6D  of the Road Traffic Act 1988 (RTA 1988). The matter is not clear cut and depends upon the interpretation of the relevant provisions in both the Police and Criminal Evidence Act 1984 (PACE) and the RTA 1988. We have sought advice from the Home Office and the Department for Transport on this issue, but their views are conflicting. 

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Domestic Abuse and Protective Measures

Written by: Danielle Johnson, 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.

Read the full article.