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Crime

Age of offender – mitigating factor?

In cases of serious sexual assault, could the age of the offender or the age of the offences be mitigating factors?

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Allowing death of vulnerable adult – guidance

The Domestic Violence, Crime and Victims Act 2004 created a new offence based on a positive duty on members of the same household to protect children or vulnerable adults from serious physical harm.

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Curfews – crediting time

In the recent case Sherif [2008], the CA considered the position of those who do not qualify under CJIA 2008 for crediting time spent in remand subject to a curfew to subsequent custodial sentences.

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Cautions – worth contesting?

While it is accepted that a caution has its advantages, it is important to highlight to clients the implications it can have further down the road.

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Police and Criminal Evidence Act 1984 – searches

Revisions to Code A came into effect at the start of the year, relating to searches where reasonable grounds for suspicion is required (Paras 2.2 and 2.3).

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Burglars – tougher sentencing

New guidance has been issued by the CA on the sentencing of adult domestic burglars, designed to place greater emphasis on the consequences for the victims.

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Foreign criminals – special immigration status

CJIA 2008, Part 10 creates a new special immigration status for certain designated foreign criminals and their families whom the Home Secretary does not want in the UK but who cannot be removed for human rights reasons.

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Transfer of prisoner – mental hospital

If a decision was taken at the end of a prisoner’s sentence to transfer him to a mental hospital under s47 Mental Health Act 1983, the decision by the Secretary of State to direct the transfer could not be taken only on the ground that the prisoner would be a danger to the public if released.

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Bad character – take care

The CA warns that considerable caution must be taken before a court will allow admission, as bad character, of reprehensible behaviour other than previous convictions.

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Hearsay – update

Two cases of interest on hearsay evidence:

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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...
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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...
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HMOs – new rules
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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...
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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
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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...

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