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Crime

Procedure – PACE

Revised Codes of Practice C, D and H under the Police and Criminal Evidence Act are now in force. The revised codes came into force on 23 February 2017 and relate to:

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Defences – diminished responsibility

In a recent case, D admitted killing his partner by stabbing her multiple times following an argument, but he pleaded diminished responsibility. The evidence of three medical experts was that it was their belief that at the time D had been suffering from an abnormality of mental functioning which ‘substantially impaired’ his ability to understand, for instance, the nature of his conduct or to exercise self-control. This explained D’s conduct in that it had caused, or was a significant contributory factor in causing, him to carry out that conduct – thus establishing diminished responsibility under s2 Homicide Act 1957.

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Evidence – identification; photographs

The use of photographs in legal proceedings has more danger and inconvenience than might at first be imagined, says the author of this useful article, and the courts will not always allow photographs to be used in court.

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Defences – duress

The Court of Appeal has set out the legal framework in relation to the defence of duress. In a recent case, the defendants were arrested after drugs were found on the first defendant (D) when police stopped a car in which she was a passenger. The second defendant was the driver. Both were charged with two counts of conspiracy to supply Class A drugs under s1 Criminal Law Act 1977.

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Offences – Modern Slavery Act

The Law Society has issued a practice note on the Modern Slavery Act 2015 which gives solicitors guidance on complying with s54 of the Act. It provides very practical advice and highlights examples of good practice which practitioners will benefit from.

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Sentencing – confiscation order

An appeal against a confiscation order was successful to a very limited extent. In this case, D pleaded guilty to the offence of providing immigration services contrary to s84 Immigration and Asylum Act 1999, and assisting unlawful immigration to a member state contrary to s25 Immigration Act 1971. The activity involved establishing a sham college which was used to facilitate illegal entry into the UK whereupon D would find students accommodation and send them to work as soon as possible in a bakery business where he was a contract manager for an employment agency.

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Sentencing – manslaughter

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.

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Sentencing – drug driving

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.

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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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RICS – service charges
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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?
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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...

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