The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Crime

Human rights – retention of DNA by police

Section 64 PACE 1984 was amended by the Serious Organised Crime and Police Act 2005 to allow for the indefinite retention by police of DNA samples and profiles lawfully taken from anyone charged with an offence, whether or not they were ultimately convicted.

Subscribers only...
 

Return to custody – calculating remainder of term

On a return to custody following release from a detention and training order, the period of the ‘remainder of the term’ was to be calculated from the date when it was proved to the satisfaction of the Youth Court that an offender had failed to comply with the requirements of the supervision element of the order.

Subscribers only...
 

Anonymity of witnesses – protective measures

Following the ruling of the House of Lords in Davis [2008] (see p8 of our September 2008 issue), the Criminal Evidence (Witness Anonymity) Act 2008 was passed.

Subscribers only...
 

Mental health – decision not to prosecute

The decision of the CPS not to prosecute a suspect on the basis that the victim suffered from a mental illness that might affect his recollection was one that was flawed in law, and also amounted to a violation of Article 3 ECHR.

Subscribers only...
 

CIJA – pre-sentence report

Section 12 Criminal Justice and Immigration Act 2008 makes clear that where a pre-sentence report is ordered it must be in writing if the defendant is under 18 or if the court is considering the imposition of a custodial sentence.

Subscribers only...
 

Supplying drugs – causing death of another

The Court of Criminal Appeal in Scotland got to grips with the difficult issues of law raised in cases involving death following the supply of controlled drugs.

Subscribers only...
 

Cannabis – Class B

Police can now take legal action against anyone caught in possession of cannabis, as it has been reclassified from Class C to Class B. The decision to change the classification of the drug reflects the fact that skunk – a much stronger type of cannabis – now accounts for more than 80% of the UK market.

Subscribers only...
 

Police crowd control – no breach of human rights

A anti-capitalist demonstrator was prevented from leaving a gathering in Oxford Street for about seven hours by a police cordon. She sought damages for false imprisonment and for breach of the right to liberty guaranteed by article 5 of the European Convention on Human Rights.

Subscribers only...
 

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?

Subscribers only...
 

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.

Subscribers only...
 


Page 64 of 66

Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

Resources

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