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Crime

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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Procedure – stay of proceedings

In a recent case, the prosecution successfully appealed the trial judge’s order staying proceedings on the basis that a fair trial would not be possible.
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Procedure – error in indictments

Two unconnected appeals were heard together in circumstances where the form of indictment had been uploaded electronically in both cases by the prosecution onto the Crown Court Digital Case System (DCS).
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Procedure – examination in chief

A judge continually interrupted A’s evidence during examination-in-chief by pursuing lines of questioning which were unnecessary and sometimes improper. 
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Murder – loss of self-control

The appellant (A) appealed a murder conviction on the ground that the trial judge failed to leave to the jury a defence of loss of control (s54 Coroners and Justice Act 2009).

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Crime – offences update

This article usefully summarises the latest developments in criminal law and procedure. The author covers a number of new legal and procedural developments and how they apply in practice.

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Traffic offences – ‘drug’ driving

The applicant (A) pleaded guilty to two offences of driving with a controlled drug exceeding the specified limit, under s5A(1)(a) RTA 1988.

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LPAs – gifts by attorneys
Wednesday, 13 November 2019
Giving attorneys the power under an LPA to make gifts to others and themselves can invalidate it, the Office of the Public Guardian (OPG) has ruled in a test case. The law limits the power of... Read more...
VAT and disbursements – Law Society guidance
Wednesday, 13 November 2019
The Law Society has issued a detailed new practice note ‘VAT Treatment of Disbursements and Expenses’ (8 October 2019) following two recent cases in which the concept of disbursements has been... Read more...
Socialising with colleagues – a thing of the past?
Wednesday, 13 November 2019
 It is not the role of The Practical Lawyer to judge. But firms would be well advised to re-visit their attitude to lawyers socialising with each other following a recent high-profile case of the... Read more...
Trial bundles – careful preparation required
Wednesday, 13 November 2019
Rather like buses, one waits for judicial comment on court documents and trial bundles, and then two come along at once. An article discusses a recent case in which the court was unimpressed with the... Read more...
Infant approval hearing – top tips
Wednesday, 13 November 2019
An interesting article provides some practical advice on achieving the court’s approval in infant approval hearings. This is a mechanism by which the court considers and, hopefully, approves the... Read more...
Tenant Fees Act 2019 – fully into force
Wednesday, 13 November 2019
We have reported in our March 2019 (p27) and May 2019 (p28) editions on the introduction of the Tenant Fees Act which came into force for new tenancies and licences to occupy on 1 June 2019. The Act... Read more...
CVA – use to reduce rent
Wednesday, 13 November 2019
 If a limited company is insolvent, it can use a CVA to pay creditors over a fixed period. If creditors agree, the limited company can continue trading. The CVA has been used by companies in the... Read more...
Rectification of title – what is ‘exceptional’?
Wednesday, 13 November 2019
The HC has considered whether or not to correct a mistake on a registered title. Under Sch 4 LRA 2002 the court can order rectification but no order may be made without the proprietor’s consent in... Read more...
Paternity – best interests
Wednesday, 13 November 2019
What’s the court’s approach to paternity cases when the issue arises years after the child’s birth, and in circumstances where both child and F always believed F was the biological father, but... Read more...
Religious beliefs – not always protected
Tuesday, 12 November 2019
The ET has heard an interesting case relating to a person’s religious beliefs. The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced... Read more...

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