Archives: Crime

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Offences – conspiracy to defraud

April 2021 | Crime

What’s interesting about this case is that the appellants (As) did not give evidence at trial or at the subsequent POCA proceedings. The As appealed confiscation orders made after being convicted of conspiracy to defraud lenders by securing mortgages to buy residential property. K had been sentenced to five years in prison, and Z to …

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Sentencing – proportionality

April 2021 | Crime

The Solicitor General succeeded in having an unduly lenient sentence increased in the case of a defendant convicted of six offences including drugs offences (conspiracy), sending malicious communications, blackmail and violence. He was originally sentenced to a total of five years in prison. D, who is 37, was not known to mental health services, but …

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Procedure – defence work

April 2021 | Crime

A series of Law Society practice notes geared to all criminal law practitioners has been published in recent weeks. Defence costs orders – This note gives guidance around advising non-legally aided clients on the defendants’ costs orders regime, in light of schedule 7 LASPO. Solicitors should advise private paying aided criminal clients on the practical …

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Sentencing – drugs; permitting premises to be used

April 2021 | Crime

A new sentencing guideline for convictions of permitting premises to be used has been published with effect from 1 April 2021. It is an offence under s8 Misuse of Drugs Act 1971 for occupiers or managers of property to allow their premises to be used for specific drug-related activities. In cases where D could receive …

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Sentencing – sexual offences

March 2021 | Crime

An offender’s serious physical condition cannot be a passport to absence of punishment. So held the CA in the case of a defendant who failed to convince the appeal judges that his sentence for historic sexual offences was or had become manifestly excessive. D was 75 when convicted for sexual offences against his daughter in …

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Procedure – guidance; CPR 2020

March 2021 | Crime

In this new practice note, the Law Society defines and explains the duties and the burdens affecting criminal solicitors which arise out of the Criminal Procedure Rules 2020 (CrimPR). The rules came into effect in October 2020, replacing the 2015 rules and subsequent amendments. The PN also looks at the potential ethical problems and potential …

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Court practice – security

March 2021 | Crime

A new solicitor ID card scheme has been developed by the LCCSA and the CLSA and was launched at the end of January 2021. It will provide practising solicitors in certain courts and tribunals enhanced access through security. The full list of participating courts is published at www.gov.uk/guidance/hmcts-professional-users-access-scheme-participating-courts-and-tribunals. You can apply for an ID card …

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Sentencing – drugs offences

March 2021 | Crime

Defence solicitors should be aware of revised sentencing guidelines for drug offences which will be in effect from 1 April 2021. While we usually highlight changes that have already come into effect, it is good to inform practitioners of this imminent change given that it reflects (among other things) additional offences in relation to psychoactive …

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Evidence – identification

March 2021 | Crime

Did ‘fresh’ DNA evidence undermine the reliability of the ID evidence on which the prosecution case entirely relied? D appealed two convictions for indecent assault in early 2004. The case was referred by the CCRC under s9 Criminal Appeal Act 1995. The information on which the reference was founded was that obtained from the Police …

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Evidence – joint experts

March 2021 | Crime

Practitioners will welcome new guidance issued by the Forensic Science Regulator on the approach to joint meetings of experts and the process for creating joint expert statements (part 19.6 CrimPR). The publication comes in the wake of concerns raised by practitioners. The guidance sets out the legal requirements and those of the Regulator for the …

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