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Crime

Offences – tax evasion

From September 2017, it will be a criminal offence for companies to fail to prevent the facilitation of tax evasion in relation to UK taxes under s45 Criminal Finances Act 2017; s46 creates an offence of corporate failure to prevent the facilitation of foreign tax evasion offences.

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Crime – new provisions

New provisions under the Policing and Crime Act 2017 are now in force. These include a redefinition of ‘sexual exploitation’ in the Sexual Offences Act 2003 to now include the streaming of indecent images, and anonymity provisions for complainants of forced marriage.

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Procedure – legal aid

The Law Society has published guidance for practitioners on refusing to undertake legal aid work, and clarifying their obligations under the legal aid contract. The aim of the practice note, Rejecting un-remunerative publicly funded criminal work, is to help solicitors identify circumstances which may warrant a refusal to undertake legal aid work and, in doing so, to ensure compliance with the SRA Code of Conduct.

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Offences – reporting obligation

There is a new offence of failing to report violations of the financial sanctions/assets seizure regimes, with important implications for legal professionals. This is a useful article on the latest developments in sanctions enforcement in light of this new criminal offence, and what it means.

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Sentence – murder; admissions

This high-profile case involved two young people who began their relationship while at school. They became obsessed with each other, and with suicide. As their toxic relationship progressed, they grew to hate the mother and sister of the female partner – which ended in their murder. The trial judge described the crimes as having ‘few parallels in modern criminal history’.

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Offences – sexual offences

Fresh evidence was insufficient to show a conviction was unsafe. A was convicted on four counts under s1(1) Sexual Offences Act and was sentenced to 15 years in prison. He was also convicted of assault by penetration under s2 of the Act but no separate penalty was imposed.

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Sentencing – children and YP

Definitive guidelines (revised) on sentencing children and young people, and reduction in sentence for a guilty plea, are now in effect as of 1 June 2017. The sentencing guidelines set out the overarching principles, as well as specific guidelines in relation to sexual offences and robbery.

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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.

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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.

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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.

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Page 7 of 67

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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