The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Crime

Sentencing – victims

Practitioners may find new and updated information for victims and witnesses useful. The Sentencing Council has added new, detailed content on some aspects of sentencing, setting out:
Subscribers only...
 

Corporate crime – care homes

The Care Quality Commission (CQC) has successfully prosecuted a Shropshire care home and its former manager who admitted failing to provide safe care.
Subscribers only...
 

Sentencing – violent offending

The Court of Appeal has provided useful analysis of the legal principles applicable to violent offending so as to trigger para 4 of Sch 21 to the Criminal Justice Act 2003. The CA considers the material provisions of the Act and the relevant case law.
Subscribers only...
 

Procedure – Court of Appeal

HM Courts Service has published new guidance for solicitor advocates and counsel on preparing and commencing criminal appeal proceedings in the Court of Appeal. The guidance reflects, in part, the fact that the court’s jurisdiction has increased: it hears appeals not only against conviction and sentence, but also against various interlocutory rulings, and other appeals and applications.
Subscribers only...
 

Sentencing – corporate manslaughter

A construction company has been fined £550,000 in the first sentencing of a corporate manslaughter conviction since a new definitive guideline came into effect in February 2016. It was also ordered to pay £23,653 in prosecution costs. The level of fine illustrates the hefty penalties companies face under the new guideline, which focuses on a firm’s turnover. In this case, the company’s turnover was less than £2m and therefore fell within the micro turnover bracket (attracting the lowest sentencing ranges and starting points).
Subscribers only...
 

Corporate crime – SFO guidance

The SFO has issued revised internal guidance on the conduct of lawyers attending interviews under s2 Criminal Justice Act. The guidance emphasises how the use of powers granted under s2 is a serious step and is therefore carefully controlled and monitored by the SFO. Note that only a practising solicitor or barrister or chartered legal executive will be allowed to attend as the legal representative of an interviewee.
Subscribers only...
 

Sentencing – dangerous dogs

The Sentencing Council has issued its Dangerous Dog Offences – Definitive Guideline which came into effect on 1 July 2016. It applies to all offenders aged 18 or over sentenced on or after 1 July 2016 (regardless of when the offence was committed). The guideline reflects recent legislative changes to dangerous dog offences, and significantly increases maximum sentences on conviction.
Subscribers only...
 

Evidence – admissibility

This was an appeal against conviction in a trial related to gang activity. The appellants were convicted of offences including possessing a firearm with intent to endanger life, and attempted murder.

The victim had been shot through a closed door in a case of mistaken identity. Since the prosecution was therefore unable to identify the intended victim they sought leave to adduce as bad character evidence of As’ association with a gang and with firearms. Evidence of this nature was therefore admitted by agreement with the defence. The trial judge ruled that such evidence was admissible on the basis that the shooting incident had borne all the hallmarks of gang violence.

Subscribers only...
 

Sentencing – confiscation order

Renewed leave to appeal against a confiscation order has been dismissed. The appellant had been made subject to a £19,645,021 confiscation order following conviction more than five years previously of two counts of concealing or disguising the proceeds of criminal conduct. The order had been made with consideration of A’s general criminal conduct. A key factor in both offences was that A had disguised his ownership or control of companies and other financial instruments in order to launder criminal proceeds for his own benefit.

Subscribers only...
 

Sentencing – fraud

The trial judge had appropriately applied sentencing guidelines and the Court of Appeal dismissed an appeal against sentence for convictions for fraudulent business activity. The appellants (West and Whale) had been convicted of fraud, and Whale was sentenced to concurrent terms of nine years’ imprisonment. West was sentenced to a total of 13 years’ imprisonment.

Subscribers only...
 


Page 7 of 62

Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

Resources

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