Nelson Guest & Partners’ Post

There are two statute laws regarding self-defence and you. The primary legislation that covers self-defence is the Criminal Law Act 1967, specifically Section 3(1). This section states that a person may use reasonable force to defend themselves or others, to prevent a crime, or to effect or assist in the lawful arrest of an offender. The key principle is that the force used must be reasonable and proportionate to the threat faced. From the CPS website: Section 76 of the Criminal Justice and Immigration Act 2008 The law on self-defence arises both under the common law defence of self-defence and the defences provided by section 3(1) of the Criminal Law Act 1967 (use of force in the prevention of crime or making an arrest). Section 76 of the Criminal Justice and Immigration Act 2008 provides clarification of the operation of the existing common law and statutory defences. Section 76, section 76(9) in particular, neither abolishes the common law and statutory defences nor does it change the current test that allows the use of reasonable force. Section 76(3) confirms that the question whether the degree of force used by the defendant was reasonable in the circumstances is to be decided by reference to the circumstances as the defendant believed them to be. Section 76(4) provides that where the defendant claims to have a particular belief as regards the existence of any circumstances, the reasonableness or otherwise of that belief is relevant to the question whether the defendant genuinely held it. However, if it is established that the defendant did genuinely hold the belief he may rely on that belief to establish the force used was reasonable whether or not it was a mistaken belief and if it was mistaken, whether or not the mistake was a reasonable one to have made, i.e. the crucial test at this stage is whether the belief was an honest one, not whether it was a reasonable one. However, the more unreasonable the belief, the less likely it is that the court will accept it was honestly held. Section 76(5A) allows householders to use disproportionate force when defending themselves against intruders into the home. The provision came into force on 25 April 2013 and applies to cases where the alleged force was used after that date. The provision does not apply retrospectively. #statutelaws #selfdefence #selfprotection #commonlaw #humanrights Arthur Osipyan on Unsplash

A growing shortage of barristers is challenging the justice system's capacity to handle cases efficiently, as criminal courts face a mounting backlog. 🧑⚖️ This strain was highlighted in a recent appeal in which a judge halted a case due to the absence of a prosecutor. The decision stirred significant debate and was eventually overturned. The ruling has ignited discussions around the balance between judicial efficiency and fairness to defendants who face prolonged uncertainty. 🗣️ It raises the crucial question: How should courts handle situations where the state fails to provide necessary legal representation? 💻 Explore our latest blog post for an in-depth analysis of this case and its implications for the future of criminal proceedings. 

We are pleased to announce that our very own Dr. Mohamed S. (Partner and Head of Litigation) took part in the subcommittee preparing Egypt's newly proposed Criminal Procedure Code draft. Adding and amending key provisions while consolidating individual rights and freedoms some of the provisions reduce the maximum duration of pretrial detention, regulating travel bans, and asset freezes. The proposed law consolidates the authority of the Public Prosecution to investigate and initiate all criminal proceedings as the custodian with jurisdiction over all crimes and as the representative of society. Pretrial detention has been reduced across several classes whereby crimes that carry the death penalty or life imprisonment will be limited to 18 months from 24, misdemeanors to 4 months from 6, and felonies to 12 months from 18. According to a statement made by the subcommittee, the draft legislation stipulates that pretrial detention will be exercised as a precautionary measure rather than a punishment. The new law would guarantee the right to legal representation for every defendant ensuring no trial takes place without a lawyer. Furthermore, the draft abolished incarceration as a means of fines collection owed to the state by those convicted in court, instead replacing it with mandatory public service. It enshrines the rights of individuals with disabilities and those suffering from mental or psychological illnesses throughout the legal procedures. Additionally, it stipulates the postponement of certain penalties for pregnant women in alignment with Islamic Sharia, international conventions, and treaties. To read the full article, visit:  https://shorturl.at/beEK5

There's many similarities between the Australian and New Zealand legal systems, but one big area of difference is in criminal prosecutions. Australian criminal lawyers are often surprised to learn that NZ does not have an independent prosecuting office like the state and federal offices of the DPP in Australia. In New Zealand this role is performed by private lawyers who are partners in private firms, appointed to prosecute serious indictable offences on behalf of the Crown. The 17 individual solicitors who do this work for the various districts of NZ each hold a Crown Warrant, which is a statutory appointment. Those who were appointed before 2013 are appointed for life. So, only the firms where those people are partners can do this work. If this arrangement sounds a bit weird, it is in fact unique among western democracies. No other common law country outsources the prosecution of serious crimes to the private sector. But it has been in place in NZ for about 100 years and seems to work. Although Australian criminal lawyers might struggle with the concept that many of the Kiwi firms that do this private prosecuting work also do criminal defence work. Which I dare say makes the conflict of interest check at the start of an engagement fairly important! #legalinsights #TransTasman #lawyers #criminallaw #prosecution #aotearoa

Click here to learn about the deprivation of liberty laws in Australia.

Click here to learn about the deprivation of liberty laws in Australia.

For my English-speaking followers, this is what is happening in Ecuador these days. Very well written article that summarizes and explains the situation. Recommended reading. #Abogado #Legal #Juridico #Compliance #DerechoDeEmpresa #DerechoCorporativo #BusinessLaw #CorporateLaw

Genuinely delighted to be ranked in the The Legal 500 (Legalease) as Tier 1 ‘Rising Star’ across three of my practice areas: Immigration - for my public law and Judicial Review work: ‘Matthew is an intelligent advocate who is good at getting to the core of a legal issue. A clear, concise, persuasive, and approachable barrister.' Ranked: Tier 1 Business and Regulatory Crime (including Health and Safety) ‘Matthew is wise beyond his years, he quickly gets to grips with the issues in a case, and he produces clear, concise, jargon-free written and oral advice which is appreciated by solicitors and clients alike. He has a very good manner with clients and his advocacy is articulate, pointed, and very effective both in his questioning and submissions.’ Ranked: Tier 1 Crime (Business and Fraud) for my POCA work. Ranked: Tier 1 Thank you very much to my instructing solicitors, colleagues and opponents who offered references. Very happy to be ranked this year with the majority of my work being Government instructed where most references are limited. #Legal500 #Barrister #UKBar #NorthernCircuit #POCA #Immigration #Regulatory #Health&Safety #Environment #Crime #JudicialReview #Barrister #Tier1

Read the summary of a recent case where the court analyzed the extension of investigation period under UAPA. The court emphasized on the legal provisions and reasons for granting extension. #UAPA #Investigation #LegalAnalysis

We are working hard every day to change your mind about Law Firms! Whether it's Family Law, Criminal Defense, Personal Injury, Estate Planning, Immigration or Juvenile Defense--we've got you covered! 813.225.2695 #YourPartnersInLaw #letuschangeyourmind #5starreview #humblebrag #hardword #tampabay #tampalawyers #review #familylaw #criminaldefense #dui #bui #insuranceclaims #personalinjury #immigration #juveniledefense