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Crime

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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Procedure – error in indictments

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).
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Procedure – examination in chief

A judge continually interrupted A’s evidence during examination-in-chief by pursuing lines of questioning which were unnecessary and sometimes improper. 
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Murder – loss of self-control

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).

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Crime – offences update

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.

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Traffic offences – ‘drug’ driving

The applicant (A) pleaded guilty to two offences of driving with a controlled drug exceeding the specified limit, under s5A(1)(a) RTA 1988.

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Sentencing – causing death by dangerous driving

A was sentenced to five years and two months in prison, having pleaded guilty to causing death by dangerous driving under s1 RTA 1988.

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Sentencing – careless driving

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).

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Offences – mens rea

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.

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Sentencing – manslaughter

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.

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RICS – service charges
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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?
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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
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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...
Incompetence – not discrimination
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The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
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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...

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