The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Crime

Appeal – trial in D’s absence

The appellant appealed his conviction, in his absence, of an offence of conspiracy to supply cannabis contrary to s1 Criminal Law Act 1977. A suffered from chronic heart disease, and the consultant cardiologists all agreed that A could not cope with physical attendance throughout a normal trial.

Subscribers only...
 

Procedure – CPR amendments

The latest amendments to the CPR are now in force as of 3 April 2017. The Criminal Procedure (Amendment) Rules 2017 introduce new rules concerning:

Subscribers only...
 

Arrest – convention rights

The police may arrest and detain individuals to prevent an imminent breach of the peace where there is insufficient time to give a warning, without breaching Article 5 ECHR.

Subscribers only...
 

Evidence – DNA

A new judgment broadens the principle of bringing cases only on the basis of matching DNA. The author of this article highlights a common misconception about the status of DNA evidence.

Subscribers only...
 

Offences – sexual communication with a child

A new offence of sexual communication with a child is now in force under s67 Serious Crime Act 2015 (Commencement No. 6) Regulations 2017 (SI 2017 No. 451).

Subscribers only...
 

Offences – duplicity

An offence of cheating the Revenue as a course of conduct spanning nearly nine years was neither unfair nor bad for duplicity, the Court of Appeal has ruled. At a retrial, A (an accountant) was convicted of four counts of cheating the Revenue through a course of conduct over a nine-year period, and sentenced to a total of five years’ imprisonment. He unsuccessfully appealed both his conviction and sentence.

Subscribers only...
 

Corporate crime – fraud

The SFO has handed out robust sentences in a high-value financial services fraud which facilitated making loans to other client companies, paying enormous commissions, bribing, and funding extravagant lifestyles. The fraud had strong similarities to the Ponzi fraud.

Subscribers only...
 

Procedure – offences and defences updates

The author provides a useful overview of the very latest developments in criminal law. For instance, in the context of corporate liability, statements and documents created by the ‘directing mind’ of a company, such as emails and diaries, are admissible evidence against the company under the identification principle, whether or not the ‘directing mind’ is prosecuted.

Subscribers only...
 

Sentencing – new guidance and guidelines

The Sentencing Council has issued new guidance on imposing community and custodial sentences – effective from 1 February 2017. The guidance clarifies that suspended sentences should only be imposed when custody is actually intended – and not as a more severe form of community order.

Subscribers only...
 

Offences – human trafficking

Human trafficking continues to be a scourge on modern society, and the courts are increasingly ruling in cases involving trafficking, or alleged trafficking. A recent Court of Appeal ruling is notable for its lengthy discussion on the modern law (making up virtually half of its judgment):

Subscribers only...
 


Page 8 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
www.totallylegal.com
MSI Global Alliance
Join the IBA now!
In House Lawyer