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Crime

Procedure – corporate crime

Criminal practitioners need to ensure that they are prepared for key changes in force from 2 April 2018.

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Offences – new corporate offence

Now that the corporate offence of failure to prevent the criminal facilitation of tax evasion under the Criminal Finances Act 2017 has come into force (on 30 September 2017), practitioners will welcome Law Society guidance on this new offence.  

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Sentencing – sexual assault

An outstanding doctor of just 26 years old pleaded guilty to four charges of sexual assault and was sentenced to a total of 28 months in prison. The offences were clearly out of character and caused ‘utter bewilderment’ to those who knew him. D was very remorseful and had been battling with various difficulties in his personal life, and was working extremely long hours.  

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Offences – murder

In this case, D was convicted of murder following a stabbing, while his co-accused was acquitted. D’s case was that he had merely been present at the incident and taken no part in any violence – and it was his co-accused who had carried out the stabbing.  

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Practice – grime music

Most tech-savvy, progressive law firms are moving towards total digital working practices, and the courts and CPS are now fully digital. The author of this useful article discusses the development of electronic evidence, such as CCTV, particularly focusing on ’grime’ music and other types of video evidence, including YouTube.  

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Offences – historical sex assault

The Rotherham sex abuse scandal has generated a huge amount of publicity in recent years. One of those convicted applied for leave to appeal his conviction on the grounds that, firstly, his significant medical problems made it impossible for him to give meaningful evidence, in breach of his Article 6 right to a fair trial; and secondly, the judge ruled wrongly in respect of an application to adduce evidence of a false complaint by a witness.  

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Offences – tax evasion

From September 2017, it will be a criminal offence for companies to fail to prevent the facilitation of tax evasion in relation to UK taxes under s45 Criminal Finances Act 2017; s46 creates an offence of corporate failure to prevent the facilitation of foreign tax evasion offences.

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Crime – new provisions

New provisions under the Policing and Crime Act 2017 are now in force. These include a redefinition of ‘sexual exploitation’ in the Sexual Offences Act 2003 to now include the streaming of indecent images, and anonymity provisions for complainants of forced marriage.

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Procedure – legal aid

The Law Society has published guidance for practitioners on refusing to undertake legal aid work, and clarifying their obligations under the legal aid contract. The aim of the practice note, Rejecting un-remunerative publicly funded criminal work, is to help solicitors identify circumstances which may warrant a refusal to undertake legal aid work and, in doing so, to ensure compliance with the SRA Code of Conduct.

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Offences – reporting obligation

There is a new offence of failing to report violations of the financial sanctions/assets seizure regimes, with important implications for legal professionals. This is a useful article on the latest developments in sanctions enforcement in light of this new criminal offence, and what it means.

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Most-read articles

IHT – personal representatives’ liability
Thursday, 14 June 2018
PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
Courts – reductions
Thursday, 14 June 2018
The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
Thursday, 14 June 2018
Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
Damages – lost years
Thursday, 14 June 2018
A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
Thursday, 14 June 2018
A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
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. Read more...

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