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Crime

Sentencing – public nuisance

An immediate custodial sentence in the case of three appellants convicted of public nuisance at common law was manifestly excessive. 
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Sexual offences – notification requirements

The Court of Appeal has given a useful analysis of the statutory framework governing the notification requirements for those convicted of sexual offences. 
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Offences– learning difficulties

An appeal against conviction by A, who had learning difficulties, was successful because it was unsafe. 
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Sentencing – child cruelty and FGM

The first ever sentencing guidelines have been issued in relation to child cruelty offences and female genital mutilation (FGM), coming into force on 1 January 2019.
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Offences – Mental Capacity Act offences

The trial judge erred in sentencing A for ill-treatment or neglect under s44 Mental Capacity Act 2005. The prosecution had not established that she could reasonably have believed her mother lacked capacity to look after herself.
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Sentencing – Crown Court guidelines

Practitioners should note new online sentencing guidelines for use in the Crown Court, launched on 8 November 2018 by the Sentencing Council with immediate effect. 
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Procedure – greater investigative powers

Two new powers for the enforcement authorities were created under the Criminal Finances Act 2017. As the author of this useful article explains, unexplained wealth orders (UWO) and account freezing orders (AFO) are subject to distinctly lower thresholds than their predecessors.
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Custodial sentences – guidance

Practitioners may find useful new guidance on the requirements and managing of custodial sentences. 
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Offences – gross negligence manslaughter

A appealed his conviction for gross negligence manslaughter after a fatal accident on a construction site. He had also been convicted of three health and safety breaches and there were a number of co-defendants.
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Procedure – stay of proceedings

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.
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Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

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