Criminal Law Updates

  • 17 July 2017

    Made under the European Communities Act 1972, s.2(2), and the Investigatory Powers Act 2016 (CLW/16/44/8), s.10(3)); transpose European Parliament and Council Directive 2014/41/EU regarding European..

  • 17 July 2017

    Where a judge granted a local authority an injunction against the appellant pursuant to the Housing Act 1996, s.153A(3) and (4), coupled with a power of arrest under section 155, where the...

  • 17 July 2017

    Whereas section 31 of the Animal Welfare Act 2006 (CLW/06/41/31) provides "(1) … a magistrates' court may try an information relating to an offence under this Act if the information is laid - (a)...

  • 10 July 2017

    In relation to an offence of sending by means of a public electronic communications network a message or other matter that is grossly offensive or of a menacing character, contrary to section 127(1...

  • 10 July 2017

    Where there is a real issue about the age of a defendant, criminal courts should adjourn proceedings so as to make "due inquiry" as to his age, as required by the Children and Young Persons Act...

  • 10 July 2017

    Where a person giving evidence in criminal proceedings seeks to refresh his memory "from a document made or verified by him at an earlier time", as permitted by section 139(1) (Archbold, 2017, § 8...

  • 3 July 2017

    Whereas section 2 (Archbold, 2017, § 19-79) of the Homicide Act 1957 (as amended by the Coroners and Justice Act 2009 (CLW/09/43/14), s.52) provides that "(1) A person (‘D') who kills or is a party...

  • 3 July 2017

    Courts are under a duty actively to manage a case (Criminal Procedure Rules 2015 (S.I. 2015 No. 1490) (CLW/15/28/20)), and increased rigour is needed (the context being motoring offences); the...

  • 3 July 2017

    (i) Whereas in R. v. Yasain [2016] Q.B. 146 ([2015] EWCA Crim. 1277) (CLW/15/35/1) the Court of Appeal identified a power to re-open an appeal if there had been a procedural error, the...

  • 26 June 2017

    (i) The reasoning posited by the High Court of Australia in Bahri Kural v. The Queen, 162 C.L.R. 502, that it was open to infer an intent to import a narcotic drug, contrary to section 233B(1)(b)...