The Practical Lawyer

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:

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.

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.

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).

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.

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.

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.

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.

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):

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: