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Crime

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:

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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.

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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.

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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).

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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.

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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.

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Procedure – offences and defences updates

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.

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Sentencing – new guidance and guidelines

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.

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Offences – human trafficking

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):

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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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Most-read articles

Wills – dependency claim
Tuesday, 11 April 2017
A widow successfully appealed an award under the I(PFD)A which was made in favour of the testator’ long-term partner (P). The High Court ordered that a life interest in the testator’s half share... Read more...
Legal advice privilege – ‘the client’
Tuesday, 11 April 2017
Legal advice privilege applies to communications with the ‘client’ (only). But, in a large organisation, how do you define the ‘client’? Read more...
Proportionality – planning
Tuesday, 11 April 2017
These are the words of a county court judge in 2001 – they remain equally valid today: Read more...
Architect’s drawing – IP
Tuesday, 11 April 2017
A client may acquire a property with an existing planning permission. If that planning permission is granted on condition that the development is carried out in accordance with specific drawings,... Read more...
MIB – new agreements
Tuesday, 11 April 2017
In January, the MIB published a new Untraced Drivers Agreement, and a revised version of its Uninsured Drivers Agreement, with the changes coming into effect on 1 March 2017. Read more...
Possession – deposit release?
Tuesday, 11 April 2017
On a residential property possession claim, can the court order the deposit holder to release the deposit to L on account of a judgment for rent arrears (ie without the consent of T)? Read more...
Property guardians – assured shorthold!
Tuesday, 11 April 2017
Property guardians are residential occupiers sent into an empty commercial building to protect it from squatters and vandalism. Typically, a guardian will occupy under a licence agreement, and pay a... Read more...
Rates – refurbishment
Tuesday, 11 April 2017
The Supreme Court has handed down a judgment that will be welcomed by all commercial property developers. The court has reversed the previous CA decision and held that only nominal rates have to be... Read more...
Legal aid – domestic violence
Tuesday, 11 April 2017
The five-year time limit on evidence of abuse which prevented vulnerable victims of domestic violence from securing legal aid for court hearings has been removed. This means more victims will be able... Read more...
Holiday pay – finality
Tuesday, 11 April 2017
The Supreme Court has refused to hear an appeal in the long-running Lock holiday pay litigation. Read more...

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