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Crime

Sentencing – terrorist offences

New sentencing guidelines for terrorist offences, where offenders are sentenced from 27 April 2018, are now in force.

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Sentencing – hospital orders; hybrid orders

In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling.

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Procedure – expert witnesses

A was convicted, along with his co-defendants, of conspiracy to defraud by dishonestly rigging LIBOR.

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Sentencing – new guidelines

The Sentencing Council has published a new definitive guideline on bladed articles and offensive weapons offences; as well as a separate and similar sentencing guideline for the possession of weapons and threats to use them.

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Procedure – offences

The court should try to avoid interpreting a statute in a way which would produce an absurd result.

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Conviction – summing up

The Recorder significantly failed to give the extremely important direction as to standard of proof, and the Court of Appeal found the sentencing to be unduly lenient. 
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Sentence – rape

Two defendants were convicted of rape, sexual assault and other offences following a violent sexual attack on the victim on her narrowboat home.
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Confiscation orders – tainted gifts

The prosecution successfully appealed a confiscation order made under the Proceeds of Crime Act 2002, in a case that required consideration of the tainted gifts regime.
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Procedure – trial and evidence

Changes relating to trial and evidential procedure under the Criminal Procedure (Amendment) Rules 2018 are now in force (as of 2 April 2018).
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Sentencing – dangerous driving

A pleaded guilty to causing serious injury by dangerous driving (s1A RTA 1988). 
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Some practitioners were somewhat aghast to read para 8.9 in the new Code of Conduct for solicitors as follows: Read more...
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Part 36 is a provision of the CPR which is intended to encourage parties to settle disputes without going to trial. A Part 36 offer made by either the claimant or defendant is a tactical step... Read more...
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Lease to family – not a relevant disposal
Wednesday, 12 February 2020
Under s1(1) LTA 1987 L shall not make a ‘relevant disposal affecting any premises to which at the time of the disposal this Part applies’ unless it has previously served notice in accordance with... Read more...
Oral trust for third party – not binding
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A recent CC decision is an important reminder to property practitioners to advise clients to ensure that any declaration of trust is in writing. Section 53(1)(b) LPA 1925 states that: Read more...
Civil partnerships – opposite sex
Wednesday, 12 February 2020
The Civil Partnership (Opposite-sex Couples) Regulations came into force on 2 December 2019 enabling mixed-sex couples to enter into a civil partnership, as an alternative to marriage or cohabitation. Read more...
Ethical veganism – a philosophical belief
Wednesday, 12 February 2020
A vegan is someone who does not eat or use animal products. 'Ethical' veganism is more than just not eating or using animal products – it goes beyond this in that ethical vegans try to exclude all... Read more...
Stalking – orders
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The perpetrators of stalking can now be banned from approaching and/or contacting their victims under police powers that came into force on 20 January 2020. Under the Stalking Protection Act 2019,... Read more...

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