The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Crime

Sentencing – health and safety

The Court of Appeal allowed a large company’s appeal against sentence for two health and safety offences. At issue was the appropriate level of fine for a very large business organisation (Tata Steel) for two health and safety offences which resulted in serious and long-lasting injuries to two of its employees.

Subscribers only...
 

Confiscation order – private prosecution

A private prosecutor was not in a position of irremediable conflict, and the certification in this case under ss71 and 72 CJJ 1988 to secure benefit for himself by way of compensation was valid. The Court of Appeal has upheld the largest confiscation order ever secured in proceedings brought by a private prosecutor.

Subscribers only...
 

Sentencing – threats to kill

A pleaded guilty to two counts of making a threat to kill and assault occasioning ABH. He had very recently been released from prison on licence when the offences were committed, and he was sentenced to an extended sentence of six years. He also had a lengthy list of 12 convictions for 19 offences.

Subscribers only...
 

Sentencing – burglary

In this case, A appealed his sentence following conviction for burglary. He had pleaded guilty to an offence of criminal damage, and was sentenced to 27 months’ detention in a young offenders’ institution for the burglary, and one month’s detention to be served concurrently for the criminal damage conviction.

Subscribers only...
 

Evidence – hearsay

A message was not hearsay within the meaning of the CJA 2003, and was therefore admissible provided it was relevant and not subject to the discretionary exclusion. In this case, A was convicted of GBH after throwing sulphuric acid at the victim’s face.

Subscribers only...
 

Limitation periods – historic sex abuse cases

Over the last few years, the Court of Appeal has issued repeated warnings about the dangers of poor drafting of indictments in cases of alleged ‘historic sexual abuse’. Two further cases, heard together, further illustrate the problem. Both appellants had been convicted of offences under the Sexual Offences Act 1956 and the ground of appeal for both was that prosecution was time-barred.

Subscribers only...
 

Procedure – SFO interviews

Recent SFO guidance has given rise to a new Law Society practice note, Representing clients at section 2 CJA interviews. The SFO has published revised Operational guidance – presence of interviewee’s legal adviser at a section 2 interview addressed to interviewees and their lawyers.

Subscribers only...
 

Sentencing – speeding

Greater sentencing powers for magistrates are now in force in respect of fines for serious speeding offences. Notably, there is a new higher penalty for excessive speeding above legal speed limits.

Subscribers only...
 

Procedure – death of defendant

 

It is critical to maintain an approach to criminal justice that is consistent and even-handed, maintaining a definitive position that the death of a defendant brings any criminal prosecution of that defendant to an end. So said Sir Brian Leveson P, giving judgment in the Court of Appeal in a case where the defendant died before the jury gave its verdicts.

Subscribers only...
 

Defences – dangerous driving

Is self-defence capable in law of being invoked as a defence to a charge of dangerous driving? In a somewhat unusual case, A was convicted of making off without payment, and one count of dangerous driving. She had taken a cab ride home and told the driver she would go in to collect the fare, and return within two minutes. She failed to do so, but a few minutes later he spotted her, having changed her clothes and getting into another car.

Subscribers only...
 


Page 5 of 64

Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

Resources

IAG International
Join the IBA now!
In House Lawyer
MSI Global Alliance
www.totallylegal.com