The Practical Lawyer

Some manslaughter cases are much closer to murder than others, and must be sentenced accordingly, says the Court of Appeal. Sentences for manslaughter in a recent case were unduly lenient and the defendants were handed down higher sentences.

The Sentencing Council has published guidance for sentencing cases involving ‘drug driving’ following increasing calls for sentencing guidance. The guidance will help those sentencing offences of driving, attempting to drive, or being in charge of a motor vehicle with specified controlled drugs in the body above the limit imposed under s5A Road Traffic Act 1988.

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.

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:

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).

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.

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.