The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Crime

Offences – public order

What is a ‘dwelling’ for the purposes of the Public Order Act 1986 (POA)? The author of this article analyses two issues concerning public order offences in detail: the extent of the meaning of ’dwelling’; and public order offences generally.

Subscribers only...
 

Procedure – hearsay

D successfully appealed his conviction on two counts of kidnapping, for which he was sentenced to four years in prison. Despite being married, D had had a relationship with a woman which had ended some time before the incident in question. On the relevant date, the woman (his ex-partner) was in her flat and a male friend was staying over that night on the sofa.

Subscribers only...
 

Manslaughter – foreseeability

In assessing reasonable foreseeability of serious and obvious risk of death in cases of gross negligence manslaughter, it was not appropriate to take into account what a reasonable person in D’s position would have known but for theirbreach of duty.  

Subscribers only...
 

Offences – new corporate offence

Now that the corporate offence of failure to prevent the criminal facilitation of tax evasion under the Criminal Finances Act 2017 has come into force (on 30 September 2017), practitioners will welcome Law Society guidance on this new offence.  

Subscribers only...
 

Sentencing – sexual assault

An outstanding doctor of just 26 years old pleaded guilty to four charges of sexual assault and was sentenced to a total of 28 months in prison. The offences were clearly out of character and caused ‘utter bewilderment’ to those who knew him. D was very remorseful and had been battling with various difficulties in his personal life, and was working extremely long hours.  

Subscribers only...
 

Offences – murder

In this case, D was convicted of murder following a stabbing, while his co-accused was acquitted. D’s case was that he had merely been present at the incident and taken no part in any violence – and it was his co-accused who had carried out the stabbing.  

Subscribers only...
 

Practice – grime music

Most tech-savvy, progressive law firms are moving towards total digital working practices, and the courts and CPS are now fully digital. The author of this useful article discusses the development of electronic evidence, such as CCTV, particularly focusing on ’grime’ music and other types of video evidence, including YouTube.  

Subscribers only...
 

Offences – historical sex assault

The Rotherham sex abuse scandal has generated a huge amount of publicity in recent years. One of those convicted applied for leave to appeal his conviction on the grounds that, firstly, his significant medical problems made it impossible for him to give meaningful evidence, in breach of his Article 6 right to a fair trial; and secondly, the judge ruled wrongly in respect of an application to adduce evidence of a false complaint by a witness.  

Subscribers only...
 

Offences – tax evasion

From September 2017, it will be a criminal offence for companies to fail to prevent the facilitation of tax evasion in relation to UK taxes under s45 Criminal Finances Act 2017; s46 creates an offence of corporate failure to prevent the facilitation of foreign tax evasion offences.

Subscribers only...
 

Crime – new provisions

New provisions under the Policing and Crime Act 2017 are now in force. These include a redefinition of ‘sexual exploitation’ in the Sexual Offences Act 2003 to now include the streaming of indecent images, and anonymity provisions for complainants of forced marriage.

Subscribers only...
 
  • «
  •  Start 
  •  Prev 
  •  1 
  •  2 
  •  3 
  •  4 
  •  5 
  •  6 
  •  7 
  •  8 
  •  9 
  •  10 
  •  Next 
  •  End 
  • »


Page 1 of 62

Most-read articles

Resources

IAG International
Join the IBA now!
MSI Global Alliance
In House Lawyer
www.totallylegal.com