The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Crime

Sentencing – new guidance and guidelines

The Sentencing Council has issued new guidance on imposing community and custodial sentences – effective from 1 February 2017. The guidance clarifies that suspended sentences should only be imposed when custody is actually intended – and not as a more severe form of community order.

Subscribers only...
 

Offences – human trafficking

Human trafficking continues to be a scourge on modern society, and the courts are increasingly ruling in cases involving trafficking, or alleged trafficking. A recent Court of Appeal ruling is notable for its lengthy discussion on the modern law (making up virtually half of its judgment):

Subscribers only...
 

Procedure – PACE

Revised Codes of Practice C, D and H under the Police and Criminal Evidence Act are now in force. The revised codes came into force on 23 February 2017 and relate to:

Subscribers only...
 

Defences – diminished responsibility

In a recent case, D admitted killing his partner by stabbing her multiple times following an argument, but he pleaded diminished responsibility. The evidence of three medical experts was that it was their belief that at the time D had been suffering from an abnormality of mental functioning which ‘substantially impaired’ his ability to understand, for instance, the nature of his conduct or to exercise self-control. This explained D’s conduct in that it had caused, or was a significant contributory factor in causing, him to carry out that conduct – thus establishing diminished responsibility under s2 Homicide Act 1957.

Subscribers only...
 

Evidence – identification; photographs

The use of photographs in legal proceedings has more danger and inconvenience than might at first be imagined, says the author of this useful article, and the courts will not always allow photographs to be used in court.

Subscribers only...
 

Defences – duress

The Court of Appeal has set out the legal framework in relation to the defence of duress. In a recent case, the defendants were arrested after drugs were found on the first defendant (D) when police stopped a car in which she was a passenger. The second defendant was the driver. Both were charged with two counts of conspiracy to supply Class A drugs under s1 Criminal Law Act 1977.

Subscribers only...
 

Offences – Modern Slavery Act

The Law Society has issued a practice note on the Modern Slavery Act 2015 which gives solicitors guidance on complying with s54 of the Act. It provides very practical advice and highlights examples of good practice which practitioners will benefit from.

Subscribers only...
 

Sentencing – confiscation order

An appeal against a confiscation order was successful to a very limited extent. In this case, D pleaded guilty to the offence of providing immigration services contrary to s84 Immigration and Asylum Act 1999, and assisting unlawful immigration to a member state contrary to s25 Immigration Act 1971. The activity involved establishing a sham college which was used to facilitate illegal entry into the UK whereupon D would find students accommodation and send them to work as soon as possible in a bakery business where he was a contract manager for an employment agency.

Subscribers only...
 

Sentencing – manslaughter

Some manslaughter cases are much closer to murder than others, and must be sentenced accordingly, says the Court of Appeal. Sentences for manslaughter in a recent case were unduly lenient and the defendants were handed down higher sentences.

Subscribers only...
 

Sentencing – drug driving

The Sentencing Council has published guidance for sentencing cases involving ‘drug driving’ following increasing calls for sentencing guidance. The guidance will help those sentencing offences of driving, attempting to drive, or being in charge of a motor vehicle with specified controlled drugs in the body above the limit imposed under s5A Road Traffic Act 1988.

Subscribers only...
 


Page 7 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
In House Lawyer
www.totallylegal.com
Join the IBA now!
MSI Global Alliance