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Law Update
16 January 2017

Whereas, under section 22 (Archbold, 2017, § 5-1206) of the Anti-social Behaviour, Crime and Policing Act 2014 (CLW/14/11/25), the court may make a criminal behaviour order against an offender where..

Law Update
16 January 2017

(i) Whereas section 2 (Archbold, 2017, § 19-79) of the Homicide Act 1957 was amended by the Coroners and Justice Act 2009 (CLW/09/43/14), s.52, the statutory provision (in s.2(2)) that, on a charge...

Law Update
16 January 2017

Where the prosecution appeal a finding by justices of no case to answer, it is important that the case stated by the justices contains a clear statement of their reasons for their finding; it is...

Law Update
9 January 2017

(i) Sentencers should assess the seriousness of offences contrary to the Child Abduction Act 1984, ss.1 (of child by parent, etc. (Archbold, 2017, § 19-395)) and 2 (of child by other persons (ibid...

Law Update
9 January 2017

Where the appellant (a consultant colorectal surgeon) appealed against his conviction for manslaughter by gross negligence (the prosecution alleged that a series of missed opportunities and serious...

Law Update
9 January 2017

i) Duress affords a defence which, if raised and not disproved, exonerates the defendant altogether; for obvious reasons of policy, the defence is to be narrowly and carefully confined; (ii) the...

Law Update
20 December 2016

When a court may be considering both imprisonment and a period of disqualification for the same or another offence, it is the duty of the prosecution advocate to draw the court's attention to...

Law Update
20 December 2016

Whereas section 58(1) of the Terrorism Act 2000 (CLW/00/29/64) provides "(1) A person commits an offence if - (a) he collects or makes a record of information of a kind likely to be useful to a...

Law Update
20 December 2016

Paragraph 11(iii) of the Crown Prosecution Service's Victims' Right of Review Guidance ("11. The following cases do not fall within the scope of the VRR: … (iii) cases where charges are brought...

Law Update
12 December 2016

Prohibition on inhuman or degrading treatment (Art. 3 of the European Convention on Human Rights (Archbold, 2017, § 16-46)); (i) the applicant's eventual pardon and release on health grounds had not..

Law Update
12 December 2016

here the appellant's five-week-old son was admitted to hospital with cerebral injuries, multiple fractures and other indicia of shaken baby syndrome, where the appellant pleaded guilty to inflicting..

Law Update
12 December 2016

(i) Whereas it was held in R. v. Harris, 53 Cr.App.R. 376, C.A., that, where two charges arising out of the same incident have been preferred and one of them has merged, as it were, into the other...

Law Update
5 December 2016

(Royal Assent, November 29, 2016). The long title proclaims it to be an Act to make provision "about the interception of communications, equipment interference and the acquisition and retention of...

Law Update
5 December 2016

It is for a judge to decide how to structure a summing up; there is no obligation to rehearse all the evidence or the parties' arguments in the way the advocates would prefer, provided, of course...

Law Update
5 December 2016

(i) Whereas section 2(1) of the Homicide Act 1957 (Archbold, 2017, § 19-79) provided, prior to its amendment by the Coroners and Justice Act 2009 (CLW/009/43/14), that a person shall not be...