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Crime

Procedure – interview

An interview with the defendant was appropriately admitted in evidence by the judge under s114 CJA. So held the CA in an appeal against conviction for kidnapping, carrying an imitation firearm with criminal intent and false imprisonment.
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Procedure – witnesses

Was the trial judge entitled to continue the trial where a 16-year-old prosecution witness with ADHD became distressed and refused to continue giving evidence?
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Sentencing – double counting

There was no double counting when determining the sentences in a case involving a ‘sadistic’ and humiliating attack on a woman in her home, the CA decided.
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Sentencing – judge’s remarks

The appellants were convicted of a money laundering offence under s328 POCA following a sophisticated, multimillion-pound, cross-border money laundering operation. S was sentenced to eight years in prison and disqualified from acting as a director for ten years; and P was sentenced to six years in prison.
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Procedure – interpreters

The Law Society’s PN, Use of interpreters in criminal cases, provides detailed guidance pre-trial in the police station and in court in relation to both language and sign language. Remember that the Equality Act requires you to make reasonable adjustments for disabled clients, but the cost must not be passed onto the client.
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Organised crime – property freezing orders

The NCA secured a property freezing order (PFO) preventing the sale of 17 properties of a businessman who has suspected links to organised crime.
 
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Stalking – orders

The perpetrators of stalking can now be banned from approaching and/or contacting their victims under police powers that came into force on 20 January 2020. Under the Stalking Protection Act 2019, the police have power to apply to the magistrates for a stalking protection order.
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Procedure – solicitors’ duties

Criminal solicitors have a number of duties under the CrimPR and the Law Society’s recently published practice note will be of help to practitioners. 
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Sentencing guidelines – public order

New sentencing guidelines came into force on 1 January 2020 in respect of offences under the Public Order Act 1986. They apply to existing public order offences, from low-level disorderly behaviour to widespread public disorder.
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Procedure – limitation period

Prosecution for a summary-only offence is not time barred by reason of s127 Magistrates’ Courts Act. This case concerned alleged offences in relation to the management of houses in multiple occupation. The defendants asked the court for a ruling that the informations were laid outside the six-month time limit stipulated in s127.
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Most-read articles

Capacity – wills; disclosure
Monday, 09 March 2020
The Society’s guidance, Access and disclosure of an incapacitated person’s will, gives important clarification around the circumstances in which a solicitor can disclose a copy of a client’s... Read more...
Source of funds – Law Society guidance
Monday, 09 March 2020
We mentioned above the new Law Society practice note on signs of money laundering. A constant refrain for conveyancers – but one which should be heard more widely – is the importance for firms of... Read more...
MIB injury on private land – update
Monday, 09 March 2020
We reported in our July/August 2019 edition (p31) on the case in which the CA held that MIB was liable to pay compensation to someone injured in a car accident on private land. The injured party was... Read more...
Provisional damages – underused?
Monday, 09 March 2020
An interesting article reminds PI practitioners of the underused solution of provisional damages, which are provided for in s32A of the Senior Courts Act 1981. In PI and clinical negligence cases,... Read more...
Tate peeping – CA decision
Monday, 09 March 2020
We reported in our March 2019 edition (p24) on the case brought by the owners of luxury flats adjacent to the Tate Gallery. They applied for an injunction to prevent members of the public from... Read more...
RICS – code for leasing business premises
Monday, 09 March 2020
The RICS has launched the first edition of its Code for Leasing Business Premises which comes into force on 1 September 2020. It will replace the voluntary Code for Leasing Business Premises in... Read more...
Boundary disputes – the essentials
Monday, 09 March 2020
Boundary disputes can mean different things to different practitioners – conveyancers will hate them and seek to avoid at all costs; property litigators will no doubt take a different view! An... Read more...
Procedure – coronavirus
Monday, 09 March 2020
The author raises an urgent issue for family lawyers: how should they take the coronavirus into account in the work they undertake for their clients, particularly international clients or those with... Read more...
Parental bereavement – in force?
Monday, 09 March 2020
The Parental Bereavement (Leave and Pay) Act 2018 should come into force in April 2020. Regulations as to the detailed operation of the Act are awaited but the government’s consultation response... Read more...
Sentencing – judge’s remarks
Monday, 09 March 2020
The appellants were convicted of a money laundering offence under s328 POCA following a sophisticated, multimillion-pound, cross-border money laundering operation. S was sentenced to eight years in... Read more...

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