Emma has a holistic set of experience, prosecuting and defending in the Crown Court for a range of criminal offences. Before becoming a barrister, Emma assisted with multiple high profile and complex criminal matters, including the Oval Four appeals as well as financial crime and serious sexual offences. She also has experience as a police station representative.

In this presentation, Emma gives an essential update of the available powers to the police to arrest, detain, and stop and search. This includes legislation designed to use against those with existing convictions for offences involving bladed items and weapons, perceived national security threats, and suspected protestors. She then shares updates about The Police and Criminal Evidence Act (1984) (PACE), including a concerning development about the potential loss of the right to police station representatives. She finishes with an update on magistrates’ courts: from procedure, to sentencing. Relevant case law and literature is highlighted throughout the presentation.

Key words/topics

The Police and Criminal Evidence Act (1984) (PACE)

Serious Violence Reduction orders

Stop and search

Public Order Act 2023

Protest

Adverse Inference 

R v Scott Marsden [2023] EWCA Crim 1610

RT [2023] EWCA Crim 1118

National Security Act 2023

Magistrates updates

Procedural updates

Sentencing

Criminal Practice Directions 2023

Criminal Procedure (Amendment No. 2) Rules 2024

Domestic Abuse Protection Notices/Orders

The Magistrates’ Courts (Amendment) Rules 2024

R (On the Application of Phillips) v Isleworth Crown Court [2023] EWHC 617 (Admin)

Thompson v Crown Prosecution Service [2024] EWHC 470 (Admin)

A Practical Guide to Probation Breaches and Other Applications