The By Lawyers Criminal Offences app now includes new and updated Sentencing Guidelines for a number of motoring offences, all of which are effective from 1 July 2023. Read more...

Version 2 of the Criminal Offences App is now live in LEAP! Read more...

The Motoring offences commentary has been updated to include guidance on various types of unusual motor vehicles, including e-scooters. Comments and feedback are always welcomed.

The By Lawyers Criminal Law Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review takes a practical approach, drawing on our considerable experience to cover all aspects of procedure, with a focus on practical tips that will help practitioners to run a criminal matter to completion confidently. Commentary and new precedents dealing with the following areas have been included: The victim surcharge and Cuthbertson, R. v [2020] EWCA Crim 1883; The professional users access scheme; Family proceedings disclosure; The effects of the Criminal Procedure Amendment Rules 2021; Cautions, community resolutions and triage; and Perjury. We invite you to explore this updated publication and to consider the wealth of assistance the Criminal Law Guide offers.

With criminal practitioners being busier than ever, we have enhanced our Criminal guide with a library of new initial letters to clients. Designed to accompany the Client Care and Terms of Business which are sent after the first meeting with a client, these letters have sufficient space for case-specific details and advice and already include the sentencing guidelines for an offence. The library can be found in the B. Getting the matter underway folder of the Criminal Magistrates Court matter plan and includes letters for the following offences: Drink driving Possession of Class A drugs Possession of Class B drugs Possession of Class C drugs Criminal damage Robbery – Street and less sophisticated commercial Wounding with intent Rape We encourage practitioners to use these letters, and welcome feedback and suggestions, particularly if other offences may be useful.

The Criminal commentary has been enhanced with information about the new technology and case management platforms being introduced in police stations, prisons and courts. More detail has also been added around the practical aspects of hearings, including video and telephone hearings. New guidance leaflets for clients Enclosure – Checklist for client going to court, Enclosure – Information sheet – Magistrates’ Court process and Enclosure – Information sheet – Crown Court process have been added to assist practitioners in preparing their clients.

We are very pleased to announce the release of a companion Motoring Offences guide to sit alongside our comprehensive step-by-step Criminal guide. This guide covers all aspects of practice and procedure when acting for the defendant in proceedings involving motoring offences in the Magistrates’ and Crown courts. The guide assists practitioners with all aspects of representing clients in traffic matters, from providing advice in relation to fixed penalty notices to going to court. The commentary is practical and easy to understand and is supported by numerous helpful precedents. Key content includes: Law and procedure relating to alcohol and drug offences as well as offences involving licences, insurance, careless driving, dangerous driving, accidents and death. A summary of the fine and any disqualification period or imprisonment term is included for all common offences. A comprehensive Retainer Instructions precedent is included on the matter plan to ensure all necessary information is collected. Comprehensive discussion of the penalties including fines, penalty points, disqualification, community orders, imprisonment and ancillary penalties and orders. Practical guidance in preparing for court, with detailed commentary on analysing the charge and conducting plea negotiations. Information sheets for clients covering the court processes and what to do on the day of the hearing. A library of letters to clients and third parties including: Letter to police seeking speed gun operator’s certificate and experience; Letter to police seeking speed camera evidence and certificate of calibration; Letter to police seeking video, photo or CCTV footage; Letter to client requesting mobile phone records; Letter to mobile phone usage expert; Letter to client for driving licence check code; Letter instructing accident collision expert. The Motoring Offences guide is an invaluable resource for all practitioners who conduct motoring offence matters, including those with limited experience in this area or those supervising junior lawyers.

Following review, a number of precedents were improved to ensure a better user experience. These include: Initial call record, Police station attendance record, Attendance notes and Letters to the client after attending at the police station.

The National Police Chief’s Council, has issued new operational guidance for pre-charge bail and release under investigation. The guidance follows changes to pre-charge bail under the Policing and Crime Act 2017 and is in response to concerns in domestic abuse and high harm cases, including sexual offences and offences involving vulnerable people. Read more...