Archives: Crime

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Procedure – legal aid guidance

December 2021/January 2022 | Crime

Criminal legal aid lawyers should note new guidance issued on submitting indictable applications for representation orders when it is impossible to get information at very short notice (for example, if the client is produced from overnight police custody and does not know their NI number). These amendments to the Criminal Legal Aid Manual are relevant …

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POCA – fraud; company directors

December 2021/January 2022 | Crime

Two company directors had breached their fiduciary duty and were subsequently convicted of fraud, from which they personally benefitted to the tune of £4.55m. They were made the subject of confiscation orders. The company concerned assigned its rights to another company (Aquila) and is now in liquidation. The CPS sought to prevent Aquila from recovering …

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Offences – coercion in an intimate relationship

December 2021/January 2022 | Crime

The offence of controlling and coercive behaviour in an ‘intimate relationship’, introduced under s76 Serious Crime Act 2015, was intended to strengthen the legal protection for victims of domestic violence. Under the Domestic Abuse Act, the s76 requirement that the parties must have been ‘personally connected’ is widened with the effect that it now includes …

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Sentencing – PNC errors

December 2021/January 2022 | Crime

Three appeals were heard together, two of which raised technical issues arising from committals for sentence and failures to properly record sentences on the Police National Computer (PNC). These illustrate the dangers of relying on the PNC alone for the terms of previous orders made when sentencing an offender. In one case, an error on …

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Procedure – pre-charge bail

November 2021 | Crime

Changes in the Police, Crime, Sentencing and Courts Bill risk undermining confidence in the justice system, says Peter Csemiczky in this article considering proposed changes to pre-charge bail. Pre-charge bail means the individual under investigation is released from police custody, with or without conditions, while officers continue their investigation. Most criminal law practitioners agree, the …

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Sentencing – harassment

November 2021 | Crime

D was sentenced to a community order of 18 months for an offence of harassment causing fear of violence to a trans bisexual woman. D had been homophobic and transphobic towards the victim, who had been his neighbour for around ten years. Following a formal police complaint, D was arrested but then he was released …

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Sentence – aggravating and mitigating factors

November 2021 | Crime

The sentencing judges had not given too much weight to aggravating factors when imposing a sentence for attempted murder. D was sentenced to 14 years’ detention in a young offender institution with an extension period of three years, for attempted murder. At the time of the offence he was 17 and, according to the prosecution, …

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Sexual offences – care workers

November 2021 | Crime

A care worker who makes practical arrangements for a mentally disordered person to use a sex worker could be committing an offence under s39 SOA 2003. The CoP had earlier ruled that no offence would be committed in those circumstances where the individual has capacity under the MCA 2005 to consent to sexual relations and …

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