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Custody officer - seizure of evidence

Legal Q&A

 What is the legality of custody officers seizing the clothing of a detained person as evidence of the offence? Would such conduct result in him being regarded as involved in the investigation?

Increase of Magistrates’ Courts’ sentencing powers

Legal Update

 The maximum sentence that a magistrates’ court can impose in respect of a single either way offence has varied between six and 12 months and as from 18 November 2024 is increased again to 12 months, see section 224(1) and (1A)(b) of the Sentencing Act 2020. 

Ruling regarding the requirement for the judge to give a doli incapax direction

Case Law
 In the case of PRP v R 2024, convictions for historic offences of indecent assault and rape were safe where the judge had been right to exclude evidence of sexual abuse of the complainant by another, and was not obliged to give a direction on doli incapax.

In the Spotlight

Welcome to our legal feature 'In the Spotlight'

Bringing focus to a legal topic, making your professional life simpler by:

  • Demystify complex legislation
  • Improve your legal knowledge
  • Evidence continuous personal development
  • Understand how to apply the law competently

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In the Spotlight