The Practical Lawyer


Sentencing guidelines – manslaughter

The judge was wrong in approaching sentencing on the basis that it was a Category B case (to be adjusted for Category D elements), taking into account the use of a knife. The CA said this was contrary to the express warning in the guideline – to count the use of the knife as an aggravating factor.
Subscribers only...

Defences – Refugee Convention

 A successfully appealed his conviction of possessing an identity document with improper intention under s4 Identity Documents Act 2010, in view of a defence under the Refugee Convention.
Subscribers only...

Sentencing – rape

Prison sentences of 11 years on each of six counts of rape and sexual assault were unduly lenient. This case involved an extremely dangerous individual who had targeted a lone woman and subjected her to a prolonged sexual assault. He already had convictions for sexual offences and had breached an SHPO.
Subscribers only...

Sentencing – mitigation

 A sentence of detention in a young offender institution should have been suspended because of D’s guilty plea and mitigating factors, for example, he had been exploited and set up by others, and his personal circumstances.
Subscribers only...

Confiscation – restraint order

An appeal in relation to an application under s22 POCA succeeded. This is the first time the CA has approved a percentage reduction in a confiscation order on appeal under s22.
Subscribers only...

Procedure – unfit to plead

An applicant unfit to plead under ss4 and 4A of the Criminal Procedure (Insanity) Act 1964 would not be competent to lodge an appeal against a jury decision – they can only appeal with legal representatives.
Subscribers only...

Sentencing – arson; criminal damage

New definitive sentencing guidelines have been published for arson and criminal damage offences and came into effect on 1 October 2019. There is guidance for both the magistrates’ court and the Crown Court. 
Subscribers only...

POCA – restraint order

Following a money laundering investigation, an all assets restraint order was made in August 2018 against R and others connected with him. In July 2019, it was discharged under s42(7) POCA on the basis that proceedings for the alleged offence had not been started within a reasonable time. The judge stayed the discharge pending an appeal.
Subscribers only...

Sentencing – general guideline

 A new general guideline for sentencing offences not covered by any of the 130-plus specific sentencing guidelines is now in force as of 1 October 2019. Expanded explanations of sentencing guidelines have also been published which, for instance, add additional information relating to aggravating and mitigating factors. 
Subscribers only...

Terrorism – notice of detention

A revised notice of detention which examining officers must provide to someone detained under Schedule 7 to the Terrorism Act 2000 has been published by the government. The notice gives information to a detained person about their rights and obligations under Schedules 7 and 8 of the Act and particularly clarifies the conditions under which their fingerprints and non-intimate samples can be taken.
Subscribers only...
  • «
  •  Start 
  •  Prev 
  •  1 
  •  2 
  •  3 
  •  4 
  •  5 
  •  6 
  •  7 
  •  8 
  •  9 
  •  10 
  •  Next 
  •  End 
  • »

Page 1 of 69

Most-read articles

Civil partnerships – heterosexual couples
Tuesday, 10 December 2019
The Civil Partnership (Opposite-sex Couples) Regulations 2019 are in force as of 2 December 2019 and permit heterosexual couples to enter into civil partnerships. Read more...
VAT reverse charge – postponed
Tuesday, 10 December 2019
 A useful article analyses the potential implications of the reverse charge on VAT, which was due to be introduced for specified construction services in October 2019 but which has now been... Read more...
Electronic communications – practitioners beware
Tuesday, 10 December 2019
 A useful article by Hardwicke Chambers reminds practitioners of the risks of a hasty or ill thought out email or social media post. The writer cites a situation where an email from a solicitor to... Read more...
Jurisdictional challenges – the basics
Tuesday, 10 December 2019
An article considers a recent SC case in which litigants have been criticised for the way in which jurisdictional challenges are being conducted. The case concerned a group of some 1,800 Zambian... Read more...
LiPs – tips for dealing
Tuesday, 10 December 2019
Litigants in person (LiPs) are on the increase due in part to legal aid cuts and an increase in the small claims limit. Maintaining the balance of treating LiPs fairly, while also acting in the best... Read more...
‘Elevation’ – front and rear of building
Tuesday, 10 December 2019
 A 99-year lease contained a covenant prohibiting T from making any alterations to the elevation or external decoration of the property. Read more...
L changing locks – an act of surrender?
Tuesday, 10 December 2019
There are various ways in which a leasehold estate in land may come to an end. One of these is surrender by operation of law. Sometimes the surrender of a lease does not take place by deed but is... Read more...
Beneficial ownership – reminder of key points
Tuesday, 10 December 2019
Practitioners who advise co-owners on the acquisition of property will find a recent article reviewing the case law on beneficial ownership very useful. The key points are: Read more...
Sanctions – vexatious litigant
Tuesday, 10 December 2019
In long-running divorce and financial remedy proceedings, R was found to be an ‘exceptionally vexatious litigant’ throughout. Mostyn J made a general civil restraint order and a protection from... Read more...
Disciplinary process – external bodies
Tuesday, 10 December 2019
 A useful article considers two recent cases on the issues that can arise for employers carrying out a disciplinary procedure when an external body becomes involved eg a regulatory body, police, a... Read more...


IAG International
MSI Global Alliance
In House Lawyer
Join the IBA now!