News & Insights

A defendant has recently been sentenced, following Trial at Salisbury Crown Court, to four-and-a-half years imprisonment for the offence of ‘Threats to Kill’ as the result of threats made to an ex-partner, barrister and Judge via social media platforms. The threats were made subsequent to proceedings at a Family Court.

The offences of Non-Fatal Strangulation and Non-Fatal Suffocation were introduced by the Domestic Abuse Act 2021, which came into force on 7 June 2022, when it amended Part 5 of the Serious Crime Act 2015. Helen Holder comments upon these two offences.

Where a defendant has entered a ‘Guilty Plea’ or has been found ‘Guilty’ by a Jury following a Trial, of committing specific criminal offences, the law provides for minimum terms of imprisonment that a court must impose unless it would be unjust to do so or exceptional circumstances are present which require consideration and recognition.

In our recent article ‘Company Director Disqualification | Company Offences Defence’, we explained the intent behind the issue by the Court of Director Disqualification Orders being primarily to punish unacceptable conduct concerning the administration of companies and to prevent those involved from further company involvement for such period as ordered.

During the course of a criminal Trial, the Court is obliged to ensure that vulnerable parties or witnesses are able to fully understand the proceedings and effectively communicate, which it achieves by the provision of Intermediary Assistance where required. In order to satisfy this requirement, The Youth Justice and Criminal Evidence Act 1999 (‘the Act’) provides certain witnesses access to special measures, where appropriate, to help improve the quality of the evidence given.

The intent behind the issue by the Court of Director Disqualification Orders is to prevent those whose conduct in relation to the management of one or more companies has proven to be unacceptable, having regard to, inter alia, the requirements of prevailing company legislation, to the extent that it is appropriate to disqualify such individual(s) from being involved in the running of any registered company for such period as the Disqualification Order dictates.