The Practical Lawyer


Sentencing - psychological harm

The Court of Appeal has provided useful guidance on the approach a sentencing judge should take when assessing whether a victim of crime has suffered severe psychological harm, for the purposes of a relevant sentencing guideline.

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Sentencing - victim surcharge

The MoJ has published new victim surcharges which are effective for offences committed on or after 28 June 2019.

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Procedure - wasted costs

The circumstances confronting the trial judge after counsel's closing speech fell way short of justifying the discharge of the jury. The wasted costs order made due to counsel's misconduct was therefore revoked.

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Practice – human trafficking

The Law Society has published a new practice note in response to the significant rise in human trafficking to and within the UK – with child victims of trafficking needing special protective measures.
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Offences – offensive weapons

The Offensive Weapons Act came into force on 16 May 2019, introducing tough new measures including new prohibitions under the Firearms Act 1968. 
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Offences – parental alienation

The author picks up on the relevance and implications of parental alienation in the Crown Court and points out that parental alienation is not only a family court issue. 
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Proceeds of crime – enforcement in EU member state

A recent appeal related to the proposed enforcement of a confiscation order made under POCA 2002 in another EU member state (Spain). D pleaded guilty to a number of drugs offences and a confiscation order was subsequently made.
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Procedure – CPR

There are procedural developments for practitioners to be aware of.

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Sentencing – terrorism

Stricter laws on terrorism are now in force, including new offences and new powers.

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Offences – upskirting

There is a new ‘upskirting’ offence with effect from 12 April 2019 under the Voyeurism (Offences) Act 2019 which inserts a new s67A into the SOA 2003.

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Most-read articles

Intestacy – statutory legacy
Wednesday, 12 February 2020
The statutory legacy under the intestacy rules has increased to £270,000 with effect from 6 February 2020. It’s the first increase since October 2014. Read more...
Unsolicited publicity – SRA guidance
Wednesday, 12 February 2020
Some practitioners were somewhat aghast to read para 8.9 in the new Code of Conduct for solicitors as follows: Read more...
Part 36 offer – includes interest
Wednesday, 12 February 2020
Part 36 is a provision of the CPR which is intended to encourage parties to settle disputes without going to trial. A Part 36 offer made by either the claimant or defendant is a tactical step... Read more...
Slipping claims – burden of proof
Wednesday, 12 February 2020
In general, the law on slipping cases is reasonably settled and straightforward. An interesting article considers a question which often arises in practice, namely whether the defendant bears an... Read more...
MEES – domestic rentals reminder
Wednesday, 12 February 2020
We last reported on the MEES Regulations in our May 2019 edition (p24). The Domestic Minimum Energy Efficiency Standard (MEES) Regulations set a minimum energy efficiency level for domestic private... Read more...
Lease to family – not a relevant disposal
Wednesday, 12 February 2020
Under s1(1) LTA 1987 L shall not make a ‘relevant disposal affecting any premises to which at the time of the disposal this Part applies’ unless it has previously served notice in accordance with... Read more...
Oral trust for third party – not binding
Wednesday, 12 February 2020
A recent CC decision is an important reminder to property practitioners to advise clients to ensure that any declaration of trust is in writing. Section 53(1)(b) LPA 1925 states that: Read more...
Civil partnerships – opposite sex
Wednesday, 12 February 2020
The Civil Partnership (Opposite-sex Couples) Regulations came into force on 2 December 2019 enabling mixed-sex couples to enter into a civil partnership, as an alternative to marriage or cohabitation. Read more...
Ethical veganism – a philosophical belief
Wednesday, 12 February 2020
A vegan is someone who does not eat or use animal products. 'Ethical' veganism is more than just not eating or using animal products – it goes beyond this in that ethical vegans try to exclude all... Read more...
Stalking – orders
Wednesday, 12 February 2020
The perpetrators of stalking can now be banned from approaching and/or contacting their victims under police powers that came into force on 20 January 2020. Under the Stalking Protection Act 2019,... Read more...


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