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Crime

Confiscation orders – tainted gifts

The prosecution successfully appealed a confiscation order made under the Proceeds of Crime Act 2002, in a case that required consideration of the tainted gifts regime.
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Procedure – trial and evidence

Changes relating to trial and evidential procedure under the Criminal Procedure (Amendment) Rules 2018 are now in force (as of 2 April 2018).
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Sentencing – dangerous driving

A pleaded guilty to causing serious injury by dangerous driving (s1A RTA 1988). 
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Practice – disclosure

The high-profile collapse of a number of rape cases following disclosure failings by the police has thrown rape prosecutions into the spotlight. Against this background, the author discusses the reasons behind disclosure failings in criminal proceedings.

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Procedure – legal aid

Practitioners should note that the Criminal Legal Aid (Amendment) Regulations 2017 are in force from this month (21 February 2018). Under these regulations, various amendments are made to criminal legal aid legislation to expand the scope of criminal legal aid to include:

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Evidence – circumstantial evidence

There was strong circumstantial evidence and A’s robbery conviction was upheld by the Court of Appeal. A appealed his robbery conviction for which he was sentenced to a term of five years’ imprisonment. He denied being involved in the robbery.

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Manslaughter – duty of care

A, who ran an Indian restaurant, was convicted of manslaughter when a customer died after eating a meal containing substantial amounts of peanuts. The victim, knowing he had an allergy to peanuts, had been specifically told by a waiter that it contained no nuts.

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Evidence – good character

In this useful article, the author examines issues relating to good character following the Court of Appeal ruling in R v Green [2017]. In that case, the judge drew attention to the complainant’s good character in his summing up, telling the jury that there was a level playing field as far as character was concerned. The author says this diminished the effect of D’s good character.

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Defences – general defences

The author provides a useful summary of general defences available to defendants in light of recent case law. For instance, self-defence can potentially be a defence to allegations of both dangerous and careless driving, recognising that there may be a need for responsive force in particular circumstances.

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Sentencing – modern slavery

Practitioners defending or prosecuting sexual offences in the modern slavery context will welcome new guidance on sentencing.

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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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