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Procedure – mentally disordered offenders

Guidance has been issued in relation to ‘restricted’ patients. Restricted patients are mentally disordered offenders who are detained in hospital for treatment, and subject to special controls by the Justice Secretary because of the level of risk they pose.

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Procedure – CPR Rule 8 addition

The Criminal Procedure Rule Committee has approved an addition to CPR Rule 8 which relates to the initial details of the prosecution’s case. The new Rule 8.4 is in the following terms:

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Offences – offensive weapons; sexual offences

When is an offensive weapon not an offensive weapon? Here, the author provides a useful update on recent rulings involving offensive weapons, and developments relating to sentencing and costs. Recent cases have considered the offence of possession of an offensive weapon and when the individual is lawfully in possession of it (but then uses it); and a belt buckle that comprises a knuckleduster and other items (which may not necessarily be an offence per se).

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Procedure – live links

The use of live video link and telephone facilities in the criminal courts has been expanded under various amendments to the CPR. Under CPR 3.2(1), the court has a duty to further the overriding objective to deal justly with criminal cases by actively managing the case. CPR provides that ‘active management’ includes making use of technology.

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Procedure – PACE

In this article, the author considers the significance of PACE in the context of inadmissible confessions – and the lengths the police can go to in pursuit of a suspect.

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Sentencing – historic sex abuse

In this case, the defendants had each (in separate cases) been sentenced for historic sex abuse offences. The Court of Appeal heard a number of appeals together as they raised related issues on sentencing.
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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:
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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.
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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.
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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.
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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...

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