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Crime

Confiscation proceedings – lifting the corporate veil

The Court of Appeal has given guidance to Crown Court judges in criminal confiscation cases where lifting the corporate veil was raised.
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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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Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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