Criminal LAW GUIDES

Cottaging and Cruising Laws in the UK

The aim of this guide is to help explain current UK laws regarding the acts of cottaging and cruising. We will explain what these terms mean, the legality of engaging in sexual activity in public and the potential offences and punishments that could...

Laws on Dangerous Dogs

It is a breach of the law for any person to sell, breed, gift, own or swap certain breeds of dog, and for other types, there are specific pieces of legislation that govern how they should be controlled. These laws are in place to protect people and other...

What is a Suspended Sentence?

A suspended prison sentence refers to a prison sentence that is delayed by the court by way of offering an offender a probation period or length of time to address other matters. A suspended prison sentence will be subject to strict terms and if these...

Benefit Fraud Offences and Penalties

The following article explains what benefit fraud is, including the type of actions that constitute fraud, how cases will be investigated and the potential penalties for those found guilty of committing the offence. What is benefit fraud? Benefit fraud...

Indecent Exposure Laws and Offences

Indecent exposure refers to an offence that is recognised as a type of sexual crime, outlined in the Sexual Offences Act 2003. Indecent exposure occurs when a person displays part of themselves in a public place that is considered as being offensive...

Handling Stolen Goods

A person can be charged with the offence of handling stolen goods if they are in receipt of items that they know or believe to have been stolen. Furthermore, this offence considers the intricacies of honesty as an inclusion to the receipt, distribution...

Common Assault, ABH and GBH

As outlined under the Criminal Justice Act 1988, common assault, ABH (actual bodily harm) and GBH (grievous bodily harm) are criminal offences, and offenders are liable for fines and imprisonment. The level of forethought, harm and any motivating factors...

Law on Gypsies, Travellers and Unauthorised Encampments

All authorities, and predominantly local councils, must accept the rights that gypsies (also known as ‘travellers') have, even when they are required to enforce removal from private land. The law offers protection to gypsies and travellers through...

Hate Crimes and Hate Incidents Explained

A hate incident refers to any situation in which the victim or those around believes that the perpetrator is acting in a prejudiced way because of their race, sexual orientation, gender, disability or religious beliefs. Such incidents may include name...

Hit and Run Accidents

Road accidents can be distressing events that can lead to serious injuries, emotional damage and even fatalities. The complexities of dealing with the aftermath of an accident can be all the more stressful if the driver of the vehicle does not stop at...

Making a Citizen's Arrest - How and When Can a Citizen's Arrest Be Made?

Most people will have heard of the term citizen's arrest. But what does it actually mean in practice, and how do you perform a citizen's arrest legally and safely. Simply put, a citizen's arrest is an arrest made a member of the public who is not a police...

Bribery Laws and the Bribery Act 2010

Bribery is the term used to describe an act where an incentive is offered by one person to another, usually in a financial form, in exchange for them undertaking a particular act. Bribery can cause widespread damage to individuals, companies and economies...

A Guide to UK Rape Laws

The British Crime Survey of 2009/10 suggested that 1 in 5 people will be the victim of a sexual assault or rape in their lifetime. Rape offences are highly emotive and sometimes complex cases that often arise areas of confusion within the law. Although...

What is the Penalty for Wasting Police Time?

Wasting police time is a criminal offence as outlined under section 5(2) of the Criminal Law Act 1967. Knowingly making false reports to the police is an offence, including verbal or written statements that: Someone has committed an offence That people...

Protection from Domestic Abuse

Domestic violence refers to abuse within the home, often between partners but worryingly, also involving children too. The majority of victims of domestic violence are women, but it is important to recognise that men can be subjected to physical and...

Police Powers to Enter and Search Premises

In some instances, the police may need to utilise their power to enter a property and search it, with the expectation of making an arrest or seizing items that are linked to a crime. The police force's authority in this area is predominantly set out...

Speeding Tickets and Fines Explained

Speeding tickets are a somewhat contentious issue, with some believing that their value to the welfare of society and safety of the roads is invaluable, whereas others contest that they are unreasonable, unjust and a poor reason for public money to be...

Breach of the Peace Explained

Breach of the peace is a term given to an offence that means that the ‘Queen's peace' has been disrupted. It is a somewhat old term that effectively refers to the ‘opposite of war', and it is used to prevent acts of violence against property...

Police Station Interviews - Know Your Rights

Following an arrest, a person may be taken to a police station, where they will become referred to as a detainee. At the police station, the detainee can be held pending interviews and investigation into the alleged crime. Detainees are afforded a number...

UK Laws on Car Theft and Joyriding

There are a number of laws in the UK that relate to vehicles, and these serve to protect road users, pedestrians and vehicle owners. These laws differ to road traffic laws which set out the ways in which drivers and pedestrians must behave. UK laws that...

Drug Driving Laws – Driving Under the Influence of Drugs

Driving under the influence of drugs is incredibly dangerous. As with driving under the influence of alcohol, having drugs in your system while behind the wheel can massively impair your driving skills. The chance of having an accident is increased,...

Drug Classifications and the Misuse of Drugs Act 1971

The Misuse of Drugs Act 1971 sets out the bulk of legislation relating to illegal drugs in the UK and serves to prevent the use and supply of non-medical drugs. The act refers to drugs as ‘controlled substances' and defines each drug into different...

The Right to Remain Silent in Criminal Law

UK criminal proceedings state that any accused person should be treated as innocent until proven guilty. It is the role of the prosecution team to prove beyond a reasonable doubt that a crime has occurred and that the defendant was involved. An accused...

Failing to Provide Driver Information

It is vital that the police can obtain the information of a driver when requested to ensure that roads remain safe and that offenders can be prosecuted where necessary. When the police become aware of a road accident or driving offence, they will contact...

Guide to the Crown Prosecution Service (CPS)

The Crown Prosecution Service is often referred to as the CPS and is a non-ministerial government department. The CPS is responsible for processing criminal cases in England and Wales on behalf of the state. The CPS liaise closely with police forces...

Burglary Laws Explained

The laws relating to burglary are outlined in Section 9 of the Theft Act 1968. The act sets out the offences that constitute burglary and how authorities can establish that a crime was committed. Unfortunately, burglary is one of the most common offences...

Child Abuse Laws

Child abuse can occur in a wide range of ways and can have devastating effects on the victim and those around them. If you are suffering or have suffered from any form of abuse whilst under the age of 18, there are several ways in which the law and authorities...

Illegally Downloading Music – What You Need to Know

Developments in technology, particularly the internet, have meant that downloading music is as common as checking emails, but this is an area that has caused a great deal of difficulty for some industries. Illegally accessing and downloading music costs...

The Law on Using a Mobile Phone Whilst Driving

It is widely accepted that using a mobile phone whilst driving is dangerous and diverts the driver's attention considerably. Unfortunately, multiple accidents continue to happen every year due to drivers using their mobile phones, some of which may be...

The Animal Welfare Act 2006

The Animal Welfare Act sets out a number of guidelines to help promote the safekeeping and welfare of animals by individuals and groups of people. The act outlines the types of actions that are illegal and the punishments and prosecutions that can be...

What is the Age of Criminal Responsibility?

Section 16 of the Children and Young Persons Act 1963 states that the age of criminal responsibility in England and Wales is currently set at 10 years old. This means that any boy or girl aged 10 years or older can be held criminally responsible for...

Careless Driving Offences and Punishments

If you drive a motor vehicle on a road without giving the expected level of due care and attention, you are at the risk of breaking the law. This offence comes about when a driver does not maintain the standards expected for competent and safe drivers....

How to Check Crime Figures in Your Neighbourhood

Have you ever wanted to check out the crime figures in your neighbourhood? Perhaps you are moving to a new area that you're not familiar with, and want to make sure you aren't moving to a bad area? Fortunately, there is a free and easy-to-use tool provided...

What is Sarah's Law?

Sarah's Law, also known as the child sex offender disclosure scheme, means that parents, guardians and carers are legally entitled to ask the police about whether another person has a record against them for child sexual offences. Since the powers under...

Possession of Cannabis Offences

Cannabis is recognised as being a Class B drug in the UK, and this makes it illegal to possess, sell or distribute to others. Those who are caught in possession of cannabis or who supply to others, whether for money or for free, will be liable for a...

Driving Without Insurance Penalties

It is a legal requirement for all drivers in the UK to hold valid and up to date motor insurance at a third party level at the very least. If a driver is found to be using a vehicle without adequate insurance, the law considers them to have committed...

Restraining Orders - Everything You Need to Know

Restraining orders are issued by a court and serve to prevent one person from a continuation in behaviour towards another person. The order aims to offer protection to the person who has applied for it and can run for a length of time that is determined...

Voyeurism Laws and Offences

Voyeurism is the term given to the act of a person obtaining sexual gratification by watching another person engaging in a private act without having obtained their consent. The law relating to this offence is set out in Section 67 of the Sexual Offences...

Parole Board Hearings

The role of a parole board is to determine whether a prisoner can be released from prison or not. There are two different types of parole hearings, which are oral and paper hearings. With an oral hearing, the prisoner will be present, along with a legal...

What Happens if a Jury Can't Reach a Verdict?

A jury is made up of 12 people from all walks of life and is designed to keep the justice process fair. A jury is selected for a Crown Court trial before the trial begins. The selection is made from a group of available individuals from a wide section...

Criminal Damage Definition and Penalties

Criminal damage refers to any damage that is caused by a person to property, including buildings and possessions. The offence refers to a number of actions including arson, destruction and defacing of property and can be subject to penalties including...

Being a Witness in Criminal Courts

It may feel intimidating to be a witness in a criminal court, but the role of a witness is crucial to the justice system. A witness is a person who has seen a crime being committed or who has information that is crucial to proving that the crime was...

Fines and Punishment for Dropping Litter

Litter dropping not only leads to unsightly public areas, but can cause a host of environmental problems and complaints from local residents and communities. Because of this, legislation is in place to prevent and punish people from dropping their litter...

Guide to Prison Sentences for Criminal Offences

If a person pleads guilty to a criminal offence or is found guilty following a trial, a sentence will be imposed by the court. The type of sentence imposed will depend on a variety of factors, including the severity of the crime, the criminal history...

The Law on Cyberbullying

Cyberbullying is the term used to describe any form of bullying that makes use of technology to deliberately upset or threaten a person. It can be conducted by a single person or a group of people, and can cause significant distress. In recent years,...

Perverting the Course of Justice

Perverting the course of justice is an incredibly serious crime that involves one person attempting to misdirect the direction of justice to influence the outcome of a case. In many instances, the motivation is to allow a guilty person to escape full...

The Law on Roadside Breath Tests

In order to prosecute a driver for drink driving, the police need to be able to prove that the driver or person in charge of the vehicle has consumed alcohol and to what level. This is done through the results of a number of tests - normally breath,...

Anti-Social Behaviour Orders (ASBOS)

The UK government have, for decades, tried to implement rules and actions that reduce crime on the streets and in neighbourhoods. Such crimes include noise disorders, neighbour disputes, intoxication fuelled disruptions, graffiti, vandalism and general...

Graffiti Law and Criminal Offences

In some instances, certain types of graffiti are welcomed and even commissioned. But generally, graffiti is classed as an illegal act. Graffiti is regularly considered as offensive, either because of its verbal or aesthetic message or the belief that...

Police Powers to Stop and Search

If the police have reasonable grounds for suspicion, they are legally authorised to stop and search any person, vehicle or item. Their suspicions must be that they believe a search will reveal stolen goods, drugs, weapons, items which could damage or...

Trespass to the Person Explained

Trespass to the person is a term used to cover wrongdoings to a person, even if no physical harm is caused. It is an area of tort law that is used as the basis for a number of civil rights cases as this legislation serves to protect the rights of individuals...

Laws on Identity Theft and Identity Fraud

Identify theft is a serious offence that can lead to distress, financial complications and emotional turmoil for victims. Being the subject of a fraud attack can result in complex processes to prove your identity and rectify any damage caused by the...

Prostitution and Kerb Crawling Laws in the UK

Just like a number of countries throughout Europe, prostitution is not a criminal offence in the UK. It is legal for a person to work as a prostitute or escort and it is legal for a person to buy sexual services from another. However, there are some...

What is Sharia Law?

Sharia law is a collection of religious rulings and principles that some Muslims use to guide them through their daily lives. The law covers a range of considerations that are steeped in Islamic traditions. It sets out religious principles which aim...

The Difference Between Criminal and Civil Law

Law in the UK can be complex, due to the in-depth legislation, vast number of Acts and multiple ways in which offenders can be penalised for their crimes. Criminal and Civil laws both serve to protect society and ensure that each person treats others...

Shoplifting Laws in the UK

Shoplifting is an illegal act that affects businesses of all sizes throughout the UK. In this guide, we will try to explain what shoplifting is, what happens if you are caught shoplifting and the impact that this offence can have on businesses and the...

Revenge Porn Laws in the UK

If a person shares or distributes intimate private videos or photographs of another person without their prior permission, they may be considered to have committed the colloquial offence of 'Revenge Porn'. This type of activity is usually conducted by...

Using Self Defence and Reasonable Force Against Intruders

The law allows a homeowner to protect themselves or others if an intruder is found in or on their property. This means that they are able to use ‘reasonable force' in order to ensure safety against threats posed by intruders including using an...

The Use of DNA in Criminal Cases

DNA is the abbreviation given to the term Deoxyribonucleic acid and refers to the main part of chromosomes. This is the component that carries genetic profiles for every life form and is crucial in many criminal cases as evidence. The criminal field...

What is Bail and How Does it Work?

If a person is being investigated for involvement in an alleged crime, they may be given bail. Being bailed means they will have to return to the police station at a specific time in the future. If a person is charged with a criminal offence, the police...

The Law on Fly Tipping

With local authorities aiming to minimise expenditures and encourage recycling in households, rubbish collections have become less regular throughout the country, with the majority of areas seeing fortnightly pick-ups. Although this has increased the...

Seat Belt Laws & Exemptions Explained

For the majority of drivers and passengers, putting a seat belt on is an automatic occurrence before the car is even started. But the law that stipulated the necessity for wearing the belt was not enforced until 1983. It is now illegal to travel in a...

Understanding Child Abduction Laws

The abduction of a child is one of the most emotionally charged crimes imaginable. Whether abducted by a stranger or family member, the return and wellbeing of the child will be paramount to family, friends and the police. It is illegal for a person...

A Guide to Jury Service

Jury Service is a service that forms part of the criminal judicial system. Individuals are requested at random to form part of a 12 person jury, and their role is to evaluate a criminal case and reach a verdict as to whether a defendant is guilty of...

Leaving the Scene of an Accident

Drivers involved in road accidents are legally required to stop at the scene, arrange medical assistance if needed, provide their personal and insurance details and await police attendance if necessary. For some minor accidents, it may not be necessary...

The Law on Parking Tickets

Parking tickets are infuriating penalties for not having observed restrictions, limits and markings when parking a car. With more than 70 different reasons for why a parking ticket can be given, a huge number of drivers are presented with these fines...

Guide to Driving Offences and Penalties

In the United Kingdom, thousands of new driving licences are issued every year, whether these be for cars, lorries or motorcycles. For their safety, and the safety of those around them, drivers must have full knowledge of traffic regulations and the...

Causing Death by Dangerous Driving

Causing death by dangerous driving is the most serious of road offences and is a crime that is punishable by severe penalties. If you are convicted of causing death by dangerous driving, it is likely that you will face a prison sentence, a disqualification...

What are Public Nuisance Offences?

The common law offence of public nuisance can result in an offender facing criminal proceedings. The offence is one which interferes with the comfort and common rights of another person or the general public. Public nuisance offences can often overlap...

A Guide to Crown Court Trials

When a person is charged with a criminal offence, they will make their first appearance at their local Magistrates' Court. The hearing that is conducted at the Magistrate's court will determine whether the case should be referred to the Crown Court or...

Stalking - What is the Law on Stalking and What Protection is Available to Victims?

Although there is not currently a set legal definition for stalking in the UK, such offences are taken very seriously and can occur in a number of ways. There are many types of activity that are considered to be stalking offences, such as sending excessive...

How to Report a Crime

If you witness a crime or are unfortunate to be the victim of a crime, it is important to report the event as soon as possible. How you report a crime will depend on the severity of the criminal activity, the threat to yourself and those around you and...

Penalties for Driving Without a License

The AA suggest that up to 800,000 drivers in the UK do not hold a valid license. Those who are caught driving without holding a license can receive penalties of a fine and penalty points. Some unlicensed drivers have previously held a valid license but...

Sexual Harm Prevention Orders (SHPOs)

A Sexual Harm Prevention Order (SHPO) is an order that can be imposed by a Magistrates' Court or a Crown Court to any person who is considered to be a sexual risk to another individual or to the general public as a whole. The order can be imposed following...

Being Arrested - What Are Your Rights?

Some individuals may have experience of being arrested, whereas other may have never crossed paths with a legal process before. With that in mind, it is important that anyone who is arrested understands their rights and ensures that these rights are...

UK Knife Laws

To help protect society, UK law has strict guidelines on when and how people can manufacture, buy and carry knives. The main legislation that governs this area of law is found in the Criminal Justice Act (1988) and the Restriction of Offensive Weapons...

Using CCTV for Home Security – What You Need to Know to Stay Legal

The UK is one of the biggest users of CCTV, with security cameras being a regular feature on high streets and in the vast majority of shops and supermarkets across the country. In fact, the British Security Industry Association (BSIA) has estimated that...

The Sex Offenders Register

The Sex Offenders Register, otherwise known as the sex offenders notification requirements, contains information relating to individuals who have been convicted or cautioned relating to sex offences since 1997. The victims of these offenders can be children...

Electronic Tagging and Home Detention Curfews

Electronic tagging and home detention curfews are commonly referred to as ‘tags', and they are schemes that allow some offenders to be released early from a prison sentence under the assurance of their monitored and limited freedom. The electronic...

Driving Without a MOT

Driving without a valid MOT is a serious offence, and you may be liable for a hefty penalty if caught. You may find it difficult to track the due date of your MOT as a notice is not sent to you automatically, but it is vital to understand the law in...

What is Involuntary Manslaughter?

Involuntary manslaughter is an offence that is committed when an unlawful act, or an act of gross negligence, leads to the death of another person. With involuntary manslaughter, the person committing the unlawful or negligent act will not have intended...

A Guide to Magistrates' Court Trials

A magistrate's court hearing is one that is used for criminal cases. These are cases that are arranged through a court summons or because the defendant has been charged at a police station. Criminal cases that are processed by a magistrates court are...

Assaulting a Police Officer in the Execution of their Duty

Assaulting any person is a criminal offence, and the assault of a police officer is considered to be an ‘aggravated assault'. The courts treat aggravated assaults more seriously, and the penalties handed out can be more severe. The Law on Assaulting...

What is Plea Bargaining?

Plea bargaining is the term used to describe the situation whereby an offender receives a lesser charge by pleading guilty to a crime. This means that the process of a trial to prove their guilt is eliminated and a significant amount of time and cost...