The Legal Eagle Training Podcast Podcast Por Colin Beaumont & Clive Smith arte de portada

The Legal Eagle Training Podcast

The Legal Eagle Training Podcast

De: Colin Beaumont & Clive Smith
Escúchala gratis

Acerca de esta escucha

Welcome to The Legal Eagle Training Podcast, we are your hosts, Colin Beaumont & Clive Smith. We are both barristers, with over 60 years of experience in criminal law behind them. Colin qualified as a barrister in 1982 and worked as a legal advisor for HMCTS for 12 years before re-qualifying as a solicitor and working for a major criminal firm as a partner and consultant for 20 years. Clive was called to the Bar in 2003 and spent 11 years practising at all levels. Prior to leaving full-time practice, Clive had a busy Crown Court practice dealing with serious crime such as murder, rape and firearms offences. Since 2015, Colin and Clive have shared their extensive experience of criminal law, lecturing experienced practitioners on topics such as court practice and procedure, evidence generally including bad character and hearsay, sexual offences, sentencing and ancillary orders.Copyright 2025 Colin Beaumont & Clive Smith
Episodios
  • A Regal Review – Cases from the Kings Bench Division
    Jun 13 2025

    In the latest episode of the podcast we highlight criminal cases over the last 12 months from the King’s Bench Division, and their implications for legal practitioners.

    Our first case is a 2024 legal decision involving identification evidence in a case with a young man at a petrol station. We scrutinise the police officer's evidence, the timing of note-taking, and the absence of an identification parade, all of which underscore the procedural nuances that can influence case outcomes.

    Grier v DPP [2024] EWHC 1493 (Admin)

    We follow that with a critical examination of bail, spotlighting a judicial review at Croydon Crown Court. Hear about the significant changes introduced by the Criminal Justice Act 2003, including the limited avenues for defendants to appeal bail decisions. Referencing Article 5 of the European Convention on Human Rights, we share insights from a compelling case involving alleged forced marriage and assault, unraveling the intricacies of pre-recorded cross-examinations and the trial judge's reasoning in bail applications.

    W, X, Y, Z v Croydon Crown Court [2024] EWHC 3373 (Admin)

    We also unpack the interpretation of zombie knife legislation through the 2024 case of Thompson v CPS.

    Thompson v CPS [2024] EWHC 470 (Admin)

    We then turn to the issue of res gestae evidence in domestic abuse cases involving absent witnesses. The case of Barton was originally stayed as an abuse of process. Hear what the Divisional Court had to say about that decision.

    DPP v Barton [2024] EWHC 1350 (Admin)

    We then move to appeals to the Crown Court from the Magistrates’ Court, after a direction to convict from the Divisional Court:

    Cuciurean v CPS [2024] EWHC 848 (Admin)

    This episode culminates with an analysis of the challenge of removing police cautions, illustrated by Mr. Puri's story.

    Puri v CC of Thames Valley Police [2024] EWHC 160 (Admin)

    A Regal Review - Cases from the King’s Bench Division - will be a regular feature of the podcast as we shine a light on intricacies, essential preparation and potential pitfalls legal practitioners must navigate in today's judicial landscape.

    For more information or to book a place on a forthcoming course please visit legal-eagle-training.com

    Más Menos
    51 m
  • The Unholy Trinity – Drink, Drugs and the Driver
    Jun 6 2025

    What if the laws meant to keep our roads safe are actually criminalising responsible drivers?

    Join us as we navigate the intricate world of alcohol and drug-related driving laws, dissecting the history and implications of the Road Traffic Act of 1988 and the pivotal introduction of Section 5A in 2015. This episode questions whether the rigid legal standards genuinely serve public safety or if they unjustly label drivers without evident impairment. We also explore the societal and legal frameworks that shape our understanding of impaired driving today.

    Navigating the legal labyrinth of drug driving offences is no small feat - especially for lawyers tasked with representing affected clients. The strict liability nature of these laws often leaves individuals with limited choices, as exceeding legal drug limits usually results in a guilty plea. Our discussion highlights the challenges posed by the absence of early release schemes for drug offences and the impact of the 2023 Sentencing Council guidelines, which aim to provide a clearer path for magistrates and judges. We underscore the profound consequences these frameworks have on individuals' lives, emphasising the need for informed awareness and understanding.

    Finally, we turn the spotlight on the medical defences available under Section 5A, illustrating how defendants can challenge the prosecution when evidence is presented. We share anecdotes about the realities of roadside testing and the legal complexities surrounding refusals, such as needle phobias and religious beliefs, which can sometimes offer a "reasonable excuse."

    Featuring the usual anecdotes and expert insights, this episode explores the challenges and controversies surrounding roadside testing and legal defences, underscoring the justice system's ultimate goal - to deter dangerous driving and protect public safety.

    For more information or to book a place on a forthcoming course please visit legal-eagle-training.com

    Más Menos
    43 m
  • Inside Out – How Long Will He Actually Serve?
    May 30 2025

    Can you imagine a world where a 30-month prison sentence results in only six months served?

    In the inaugural episode of The Legal Eagle Training podcast we explore the England & Wales sentencing structure. We'll dissect how the upcoming changes to early release policies and the home detention curfew scheme will reshape the way sentences are served, amidst the pressing issue of overcrowded prisons. From the abolition of the four-year rule to the effects of the Offender Rehabilitation Act of 2014, this episode provides a comprehensive look at how serving sentence requirements have evolved, especially for those convicted of serious crimes.

    We also analyse the impact of the Police, Crime, Sentencing and Courts Act of 2022, which has profoundly altered the time served for various offenders. Highlighting the stark disparities in sentencing outcomes between adult offenders and youths, and the stringent new rules for those convicted of serious sexual or violent offences. With changes to the home detention curfew (HDC) scheme set to take effect in 2025, the landscape of early release is shifting. Our discussion sheds light on the contrasting experiences of different offenders, and what these legislative shifts mean for the future of sentencing.

    As we navigate the maze of eligibility and exclusion criteria for early release schemes, hear about the critical role of good behaviour and community order adherence, our insights into statutory exclusions, presumptions, and the Parole Board's influence on release outcomes. As we await the consequences of the actions taken in light of the Gauke Report, which promises to further shape future reforms, the episode offers valuable insights for legal professionals and the public alike, equipping listeners with the knowledge to navigate this complex legal terrain.

    For more information or to book a place on a forthcoming course please visit legal-eagle-training.com.

    Más Menos
    47 m
adbl_web_global_use_to_activate_webcro805_stickypopup
Todavía no hay opiniones