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Law Update
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..

Law Update
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...

Law Update
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)...

Law Update
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...

Law Update
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...

Law Update
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...

Law Update
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...

Law Update
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...

Law Update
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...

Law Update
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)...

Law Update
26 June 2017

Whether a building is a "dwelling" for the purposes of section 9(3)(a) of the Theft Act 1968 (Archbold, 2017, § 21-108) is a question of fact (R. v. Flack [2013] 2 Cr.App.R.(S.) 366(56), C.A...

Law Update
26 June 2017

Whereas applications to adduce fresh evidence (Criminal Appeal Act 1968, s.23 (Archbold, 2017, § 7-205)) are becoming increasingly prevalent and many are entirely unmeritorious, (i) single judges...

Law Update
19 June 2017

(i) Where justices rejected a defence submission of no case to answer and convicted the defendant of an offence of tampering with a motor vehicle, contrary to section 25 of the Road Traffic Act...

Law Update
19 June 2017

(i) Whereas section 17A of the Magistrates' Courts Act 1980 (Archbold, 2017, § 1-57) provides for a defendant charged with an offence triable either way to indicate to the court whether he would...

Law Update
19 June 2017

(i) It was wrong to characterise the questions being asked in cross-examination of the complainant (18 years' old at the trial of her brother on three counts of assault by penetration (Sexual...