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Crime

Sentencing – contempt of court

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. 
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Sentencing – public nuisance

An immediate custodial sentence in the case of three appellants convicted of public nuisance at common law was manifestly excessive. 
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Sexual offences – notification requirements

The Court of Appeal has given a useful analysis of the statutory framework governing the notification requirements for those convicted of sexual offences. 
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Offences– learning difficulties

An appeal against conviction by A, who had learning difficulties, was successful because it was unsafe. 
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Sentencing – child cruelty and FGM

The first ever sentencing guidelines have been issued in relation to child cruelty offences and female genital mutilation (FGM), coming into force on 1 January 2019.
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Offences – Mental Capacity Act offences

The trial judge erred in sentencing A for ill-treatment or neglect under s44 Mental Capacity Act 2005. The prosecution had not established that she could reasonably have believed her mother lacked capacity to look after herself.
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Sentencing – Crown Court guidelines

Practitioners should note new online sentencing guidelines for use in the Crown Court, launched on 8 November 2018 by the Sentencing Council with immediate effect. 
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Procedure – greater investigative powers

Two new powers for the enforcement authorities were created under the Criminal Finances Act 2017. As the author of this useful article explains, unexplained wealth orders (UWO) and account freezing orders (AFO) are subject to distinctly lower thresholds than their predecessors.
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Custodial sentences – guidance

Practitioners may find useful new guidance on the requirements and managing of custodial sentences. 
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Offences – gross negligence manslaughter

A appealed his conviction for gross negligence manslaughter after a fatal accident on a construction site. He had also been convicted of three health and safety breaches and there were a number of co-defendants.
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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...
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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...
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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
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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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