In a recent case, the prosecution successfully appealed the trial judge’s order staying proceedings on the basis that a fair trial would not be possible.
Two unconnected appeals were heard together in circumstances where the form of indictment had been uploaded electronically in both cases by the prosecution onto the Crown Court Digital Case System (DCS).
A judge continually interrupted A’s evidence during examination-in-chief by pursuing lines of questioning which were unnecessary and sometimes improper.
The appellant (A) appealed a murder conviction on the ground that the trial judge failed to leave to the jury a defence of loss of control (s54 Coroners and Justice Act 2009).
This article usefully summarises the latest developments in criminal law and procedure. The author covers a number of new legal and procedural developments and how they apply in practice.
A lost his appeal against sentence following his conviction for causing death by careless driving. He had been sentenced to two years in prison, and disqualified from driving for five years (and until he passes an extended retest).
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having reasonable cause to suspect it would, or might, be used for terrorism.
The Sentencing Council has issued a new definitive guideline on manslaughter which applies to all offenders aged 18 and older, who are sentenced on or after 1 November 2018, regardless of the date of the offence.
Disputed will – guidance; procedure Wednesday, 13 February 2019 What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died? Read more...
MoJ – IT meltdown Wednesday, 13 February 2019 Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts. Read more...
Part 36 offers – appropriate Wednesday, 13 February 2019 Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability? Wednesday, 13 February 2019 A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges Wednesday, 13 February 2019 We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification? Wednesday, 13 February 2019 A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of Wednesday, 13 February 2019 In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR. Read more...
Sentencing – contempt of court Wednesday, 13 February 2019 The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case. Read more...
