Archives: Crime

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Procedure – CPR 2020

October 2020 | Crime

The Criminal Procedure Rules 2020 – a consolidation of the original CPR 2015 and subsequent amendments – is now in force as of 5 October 2020. Detailed guidance sets out the background to the new CPR and what they contain. Source: www.justice.gov.uk.

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Procedure – defendants

October 2020 | Crime

Practitioners should note a recent update to the criminal practice direction 2015 from the LCJ that relates to the correct procedure when prosecuting someone who fails to provide their name, date of birth and nationality without reasonable excuse (s86A(3) Courts Act 2003). It also covers the issue of informing the court of sensitive material; sanctions …

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Sentencing – mental health

October 2020 | Crime

A new sentencing guideline has been issued in relation to offenders with mental and development disorders and neurological impairments, such as dementia or brain injury. Effective from 1 October 2020, the overarching principles will apply to adults who had a mental disorder/impairment at the time of the offence and/or at the time of sentencing. Possible …

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Procedure – fees

October 2020 | Crime

A new fee for crown court cases in relation to time spent examining unused prosecution evidence came into effect on 17 September 2020. It means defence solicitors are now entitled to payment for time spent scrutinising material provided by the prosecution which could either assist the defence or undermine the prosecution case. It is available …

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Procedure – police stations

October 2020 | Crime

Defence practitioners will welcome the new edition of Defending Suspects at Police Stations which has been published by the LAG. It covers the defence process from arrival at the police station through investigation to charge. The text (known in the industry as the definitive guide on the topic) takes into account the latest developments including …

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Offences – dishonesty

October 2020 | Crime

The definitive test for dishonesty is: What was D’s actual state of knowledge or belief as to the facts? and Was D’s conduct dishonest by the standards of ordinary decent people? This was clarified by the Court of Appeal, where it was also confirmed that the subjective question of whether D appreciated that their behaviour …

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Offences – manslaughter

October 2020 | Crime

Following a street fight, A was convicted of manslaughter for which he was sentenced to 11 years in prison; and unlawful wounding and sentenced to a concurrent term of two years. A did not personally stab the victim, not did he even have a knife. But he encouraged others to cause serious harm. The Court …

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Offences – joint liability

October 2020 | Crime

In this case, two of three appellants – both under 18 – were convicted of murder. A fight had broken out and the two appellants (CN and FN) kicked and punched the victim. At some point during that fight, the victim was stabbed and died at the scene. One of the arguments on appeal was …

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Procedure – drafting error

October 2020 | Crime

The applicant pleaded guilty on 16 February 2017 to a number of sexual offences including rape of a child. Proceedings were adjourned so that the prosecution could consider the sufficiency of A’s pleas and the matter returned to court on 7 April 2017. The defence had by then been notified that A’s pleas were insufficient …

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Covid-19 – sentencing

September 2020 | Crime

Covid-19 has affected every walk of life, even the sentencing of convicted offenders. Is it, for example, fair and proportionate to sentence defendants without due regard to the wider impact on them and their families? In R v Manning, the Court of Appeal allowed in part an appeal brought by the Attorney General on the …

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