The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Crime

Offences – tax evasion

From September 2017, it will be a criminal offence for companies to fail to prevent the facilitation of tax evasion in relation to UK taxes under s45 Criminal Finances Act 2017; s46 creates an offence of corporate failure to prevent the facilitation of foreign tax evasion offences.

Subscribers only...
 

Crime – new provisions

New provisions under the Policing and Crime Act 2017 are now in force. These include a redefinition of ‘sexual exploitation’ in the Sexual Offences Act 2003 to now include the streaming of indecent images, and anonymity provisions for complainants of forced marriage.

Subscribers only...
 

Procedure – legal aid

The Law Society has published guidance for practitioners on refusing to undertake legal aid work, and clarifying their obligations under the legal aid contract. The aim of the practice note, Rejecting un-remunerative publicly funded criminal work, is to help solicitors identify circumstances which may warrant a refusal to undertake legal aid work and, in doing so, to ensure compliance with the SRA Code of Conduct.

Subscribers only...
 

Offences – reporting obligation

There is a new offence of failing to report violations of the financial sanctions/assets seizure regimes, with important implications for legal professionals. This is a useful article on the latest developments in sanctions enforcement in light of this new criminal offence, and what it means.

Subscribers only...
 

Sentence – murder; admissions

This high-profile case involved two young people who began their relationship while at school. They became obsessed with each other, and with suicide. As their toxic relationship progressed, they grew to hate the mother and sister of the female partner – which ended in their murder. The trial judge described the crimes as having ‘few parallels in modern criminal history’.

Subscribers only...
 

Offences – sexual offences

Fresh evidence was insufficient to show a conviction was unsafe. A was convicted on four counts under s1(1) Sexual Offences Act and was sentenced to 15 years in prison. He was also convicted of assault by penetration under s2 of the Act but no separate penalty was imposed.

Subscribers only...
 

Sentencing – children and YP

Definitive guidelines (revised) on sentencing children and young people, and reduction in sentence for a guilty plea, are now in effect as of 1 June 2017. The sentencing guidelines set out the overarching principles, as well as specific guidelines in relation to sexual offences and robbery.

Subscribers only...
 

Sentencing – health and safety

The Court of Appeal allowed a large company’s appeal against sentence for two health and safety offences. At issue was the appropriate level of fine for a very large business organisation (Tata Steel) for two health and safety offences which resulted in serious and long-lasting injuries to two of its employees.

Subscribers only...
 

Confiscation order – private prosecution

A private prosecutor was not in a position of irremediable conflict, and the certification in this case under ss71 and 72 CJJ 1988 to secure benefit for himself by way of compensation was valid. The Court of Appeal has upheld the largest confiscation order ever secured in proceedings brought by a private prosecutor.

Subscribers only...
 

Sentencing – threats to kill

A pleaded guilty to two counts of making a threat to kill and assault occasioning ABH. He had very recently been released from prison on licence when the offences were committed, and he was sentenced to an extended sentence of six years. He also had a lengthy list of 12 convictions for 19 offences.

Subscribers only...
 


Page 9 of 69

Most-read articles

Civil partnerships – heterosexual couples
Tuesday, 10 December 2019
The Civil Partnership (Opposite-sex Couples) Regulations 2019 are in force as of 2 December 2019 and permit heterosexual couples to enter into civil partnerships. Read more...
VAT reverse charge – postponed
Tuesday, 10 December 2019
 A useful article analyses the potential implications of the reverse charge on VAT, which was due to be introduced for specified construction services in October 2019 but which has now been... Read more...
Electronic communications – practitioners beware
Tuesday, 10 December 2019
 A useful article by Hardwicke Chambers reminds practitioners of the risks of a hasty or ill thought out email or social media post. The writer cites a situation where an email from a solicitor to... Read more...
Jurisdictional challenges – the basics
Tuesday, 10 December 2019
An article considers a recent SC case in which litigants have been criticised for the way in which jurisdictional challenges are being conducted. The case concerned a group of some 1,800 Zambian... Read more...
LiPs – tips for dealing
Tuesday, 10 December 2019
Litigants in person (LiPs) are on the increase due in part to legal aid cuts and an increase in the small claims limit. Maintaining the balance of treating LiPs fairly, while also acting in the best... Read more...
‘Elevation’ – front and rear of building
Tuesday, 10 December 2019
 A 99-year lease contained a covenant prohibiting T from making any alterations to the elevation or external decoration of the property. Read more...
L changing locks – an act of surrender?
Tuesday, 10 December 2019
There are various ways in which a leasehold estate in land may come to an end. One of these is surrender by operation of law. Sometimes the surrender of a lease does not take place by deed but is... Read more...
Beneficial ownership – reminder of key points
Tuesday, 10 December 2019
Practitioners who advise co-owners on the acquisition of property will find a recent article reviewing the case law on beneficial ownership very useful. The key points are: Read more...
Sanctions – vexatious litigant
Tuesday, 10 December 2019
In long-running divorce and financial remedy proceedings, R was found to be an ‘exceptionally vexatious litigant’ throughout. Mostyn J made a general civil restraint order and a protection from... Read more...
Disciplinary process – external bodies
Tuesday, 10 December 2019
 A useful article considers two recent cases on the issues that can arise for employers carrying out a disciplinary procedure when an external body becomes involved eg a regulatory body, police, a... Read more...

Resources

IAG International
www.totallylegal.com
In House Lawyer
MSI Global Alliance
Join the IBA now!