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Crime

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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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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