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Crime

Evidence; sentencing – summary of developments

The author gives a useful update on the use of specimens, sentencing, and terrorism in light of the latest judgments from the criminal courts and other recent developments.

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Convictions – theft or fraud by misrepresentation

A thief is not necessarily a fraudster, and a fraudster is not necessarily a thief – as this recent case illustrates.

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Jurisdiction – confiscation proceedings

If the prosecution is discontent with the terms of a default order in confiscation proceedings, the Court of Appeal does not have jurisdiction to determine a challenge to that order.

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Sentencing – drugs offences

An unduly lenient sentence was imposed by the trial judge following D’s third drugs conviction. D’s previous criminal record had significant consequences for him such that s110 Powers of Criminal Courts (Sentencing) Act 2000 came into play.

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Sentencing – terrorist offences

New sentencing guidelines for terrorist offences, where offenders are sentenced from 27 April 2018, are now in force.

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Sentencing – hospital orders; hybrid orders

In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling.

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Procedure – expert witnesses

A was convicted, along with his co-defendants, of conspiracy to defraud by dishonestly rigging LIBOR.

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Sentencing – new guidelines

The Sentencing Council has published a new definitive guideline on bladed articles and offensive weapons offences; as well as a separate and similar sentencing guideline for the possession of weapons and threats to use them.

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Procedure – offences

The court should try to avoid interpreting a statute in a way which would produce an absurd result.

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Conviction – summing up

The Recorder significantly failed to give the extremely important direction as to standard of proof, and the Court of Appeal found the sentencing to be unduly lenient. 
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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
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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...
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The SC has widened the scope of the service of statutory notices. 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...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. 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...

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