The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Crime

Defences – dangerous driving

Is self-defence capable in law of being invoked as a defence to a charge of dangerous driving? In a somewhat unusual case, A was convicted of making off without payment, and one count of dangerous driving. She had taken a cab ride home and told the driver she would go in to collect the fare, and return within two minutes. She failed to do so, but a few minutes later he spotted her, having changed her clothes and getting into another car.

Subscribers only...
 

Procedure – confiscation proceedings

There was no basis on which to grant an extension of time, the Court of Appeal ruled, in a renewed application for an extension of time of nearly eight years to appeal against a confiscation order.

Subscribers only...
 

Offences – conveying prohibited articles into prison

The mens rea required for a conviction of conveying a prohibited article into a prison under the Prison Act 1952 has been clarified. The offence is not one of strict liability, contrary to what some practitioners wrongly believe.

Subscribers only...
 

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...
 


Page 9 of 67

Most-read articles

Resources

IAG International
www.totallylegal.com
In House Lawyer
Join the IBA now!
MSI Global Alliance