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Crime

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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Sentence – rape

Two defendants were convicted of rape, sexual assault and other offences following a violent sexual attack on the victim on her narrowboat home.
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Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

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