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Showing posts from June, 2014

Revenge Porn

Julian Huppert MP, a Liberal Democrat Member of Parliament, has called for a new law to outlaw “revenge porn”.  Now for those who don’t know, revenge porn is the name given to the publishing online of intimate photographs of an ex-partner for the purposes of taking revenge for some real or imagined offence by the “victim”.
Mr Huppert correctly points out that “[l]ives can be ruined, personal relationships destroyed and jobs lost”.  That’s terrible, but it raises a couple of important questions: a) does the harm necessitate yet another criminal offence?  And b) is the criminal law an appropriate tool for dealing with this type of behaviour, i.e. should “revenge porn” be a crime?
Over the past 20-years or so, it has become very trendy for Governments in the UK to create new criminal offences – I believe that by the end of the last Labour government they had created more new crimes then every other government before them put together!  As a student barrister, I was taught that going to …

Criminal property

Tomorrow I am at a west London Crown Court starting a trial for possessing criminal property, contrary to section 329(1)(c) of the Proceeds of Crime Act 2002.  Let me begin by assuring you that this is a provision that does two things: a) it really pisses me off; and b) it shows why the legislature should not put its faith in the prosecuting authorities only using criminal offences for the purpose the legislature intended.
My case is straightforward, prosecution say my guy has a stolen laptop in his possession and that he knew or suspected it to be stolen.  If they are correct then he is guilty, if he bought it honestly then he is not guilty.  Easy.
You may be forgiven for thinking that possessing stolen property is an offence called “handling stolen goods”.  If you thought that then you are correct, section 22(1) of the Theft Act 1968 reads:
“A person handlesstolengoodsif (otherwise than in the course of the stealing) knowing or believing them to be  stolengoodshe dishonestly receives t…

Emotional abuse of a child: Cinderella’s Law

There’s been a lot of talk on the TV, radio and in the press over the past couple of days about the introduction of a new criminaloffence to outlaw the emotional abuse of children. This follows an NSPCC report which shows a surge in emotional abuse and neglect cases
Because all new laws involving children are now required by the Ministry of Silly Names to have a silly name, this proposed law is called the Cinderella Law.  Presumably because the ugly sisters neglected her and subjected her to regular verbal abuse.
I heard a solicitor, described by the radio presenter as a “children’s lawyer”, on my radio yesterday explaining how we should avoid introducing this law because it would be “impossible to define” and difficult to implement.  With respect, laziness is one of the worst reasons not to do something if it is important enough to need doing. 
In this instance, there is a far better reason for not introducing this Cinderella Law.  I point to section 1 of the Children and Young …