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Law Update
22 May 2017

Any concession in the court below by prosecuting counsel as to the appropriate categorisation of an offence for sentencing purposes is not to be taken as binding on the Court of Appeal and is not...

Law Update
22 May 2017

Whereas section 4(3)(b) of the Misuse of Drugs Act 1971 (Archbold § 27-28) makes it an offence to be concerned in supplying a controlled drug to another, (i) as stated at ibid., § 27-39, the...

Law Update
22 May 2017

Whereas section 40B(1)(a) makes it an offence for a person, without authorisation, to convey a List A article into a prison, whereas section 40C(1)(a) makes it an offence for a person, without...

Law Update
16 May 2017

(Royal Assent, April 27, 2017). The long title proclaims it to be an Act to make provision "about electronic communications infrastructure and services; to provide for restricting access to online...

Law Update
16 May 2017

(Royal Assent, April 27, 2017). The long title proclaims it to be an Act to "amend the Proceeds of Crime Ac t 2002; make provision in connection with terrorist property; create corporate offences...

Law Update
16 May 2017

(i) Where an error occurs in the factual basis of sentence, it should be pointed out to the court as soon as possible, and consideration should be given to correcting it at the earliest opportunity...

Law Update
8 May 2017

Self-defence - while it is likely to be a rare case on the facts where self-defence is even capable of arising with regard to a count of dangerous (or careless) driving, such a defence is...

Law Update
8 May 2017

Indictment - where the prosecution alleged that the defendant, an accountant, had been involved in a dishonest course of conduct over a period of nine years, the essence of which was that...

Law Update
8 May 2017

Contempt (procedural requirements) - before any court embarks on hearing a committal application, whether for a contempt in the face of the court or for breach of an order, it should ensure that...

Law Update
2 May 2017

Deportation of offenders - where the claimant, a foreign national prisoner, was detained under paragraph 2(2) of Schedule 3 to the Immigration Act 1971...

Law Update
2 May 2017

Rape of a child under 13 - where the appellant pleaded guilty to two counts of rape of a child under the age of 13 (Sexual Offences Act 2003 (CLW/03/43/17), s.5 (Archbold, 2017, § 20-49))...

Law Update
2 May 2017

Expert evidence - (i) there is a clear dividing line between evidence from a psychiatrist or psychologist that might legitimately provide the jury with necessary assistance in understanding...

Law Update
24 April 2017

Whereas section 41(3)(c) (restriction on evidence or questions about complainant's sexual history (Archbold, 2017, § 8-238)) of the Youth Justice and Criminal Evidence Act 1999 (CLW/99/31/20)...

Law Update
24 April 2017

(i) A decision by a public prosecutor to bring criminal proceedings against a person does not fall within the scope of Article 8 (right to respect for private and family life (Archbold, 2017...

Law Update
24 April 2017

When deciding upon the safety of a conviction (the ultimate issue under s.2 of the Criminal Appeal Act 1968 (Archbold, 2017, § 7-41)), the approach should be the same in a case of the non-disclosure..