The Practical Lawyer


Evidence – stop and search

The statutory powers of police officers to stop and search an individual for an offensive weapon, even if there are no grounds for suspecting they were carrying one, are compatible with the ECHR. The Supreme Court so held when dismissing an appeal against a decision to uphold the dismissal by the divisional court of a claim for judicial review against the Commissioner of the Metropolitan Police, after the appellant (A) had been stopped and searched in Haringey.
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Offences – firearms (2)

Gang-related evidence was appropriately characterised as evidence pertinent to the facts in a recent case, and the sentence passed was neither manifestly excessive nor wrong in principle.
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Corporate crime – health and safety

The High Court has reinstated a notice issued by an H&S inspector, overturning an earlier decision. The notice had been issued following an inspection made on premises where work was to be carried out on a roof. A risk assessment had concluded that continuing work would be unsafe, and a prohibition order was therefore made. Survey Roofing appealed against the notice.
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Procedure – reporting restrictions

The CA has dismissed an appeal against an order directed at the press intended to control ‘vile’ comments on the social media accounts of media organisations during a murder trial.
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Sentencing – restorative justice

What are the benefits behind a restorative justice approach? The author of this useful article sets out some of those benefits, and urges defence lawyers to consider restorative justice principles when advising clients.

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Procedure – solicitors’ duties

New Law Society guidance on solicitors’ duties in the context of the Criminal Procedure Rules (amended in 2015) has been published, and is intended for all criminal law solicitors, particularly those acting for the defendant.

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Offences – psychoactive substances (2)

Is the Psychoactive Substances Act 2016 an example of poor legislative drafting with potential for unintended consequences for the food industry? This is the question addressed by the author in this article on the Act that came into force in April 2016.

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Offences – psychoactive substances (1)

New legislation banning the ‘new generation’ of psychoactive substances came into force on 6 April 2016. The Psychoactive Substances Act 2016 makes it an offence to produce, supply, offer to supply, possess with intent to supply, possess on custodial premises, import or export psychoactive substances. Note that ‘mere’ possession will not be an offence (except in custodial institutions).

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Procedure – amended CPR

Important changes to the Criminal Procedure Rules 2015 came into force on 4 April 2016. The new rules (Criminal Procedure (Amendment) Rules 2016) cover:

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Freezing orders – guidance

The court has given useful guidance on the procedural aspects of obtaining disclosure and property freezing orders (PFO). A PFO can be obtained both before and after the commencement of civil recovery proceedings, and an application can be made without notice.

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