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Law Update
13 February 2017

(Made under s.67(5)); brings into force, on February 23, 2017, revised Codes of Practice C (detention, treatment and questioning of persons by police officers (Archbold, 2017, Appendix A-39 et seq...

Law Update
13 February 2017

(i) Whereas there is no provision in the Criminal Justice Act 1988 requiring notice of an application for leave to refer a sentence as being unduly lenient under section 36 (Archbold, 2017...

Law Update
13 February 2017

In a case where the conduct of trial counsel is open to criticism, the focus on an appeal against conviction will be on the safety of the conviction (R. v. Day [2003] 6 Archbold News 1, C.A...

Law Update
6 February 2017

(Royal Assent, January 31, 2017). The long title declares it to be an Act to provide for collaboration between the emergency services; for the handling of police complaints and other matters...

Law Update
6 February 2017

Whereas section 1(1) (Archbold, 2017, § 19-339) of the Protection from Harassment Act 1997 (CLW/97/12/6) provides that "(1) A person must not pursue a course of conduct - (a) which amounts to...

Law Update
6 February 2017

The third set of amendments to the Criminal Practice Directions 2015, unreported, September 29, 2015, Lord Thomas C.J. (CLW/15/35/2), has been issued and came into force on January 31, 2017. In...

Law Update
30 January 2017

The Sentencing Council for England and Wales has issued new sentencing guidelines for magistrates' courts, which revise, in relation to certain summary offences (post), the Sentencing Guidelines...

Law Update
30 January 2017

(i) A criminal offence can be committed under section 92(1)(b) or (c) of the Trade Marks Act 1994 ("(1) A person commits an offence who with a view to gain for himself or another, or with intent to...

Law Update
30 January 2017

(i) The decision in R. v. Jogee; Ruddock v. The Queen [2016] 2 W.L.R. 681, S.C. (CLW/16/07/7), should not be adopted in Hong Kong, and accordingly, the joint criminal enterprise doctrine based on...

Law Update
23 January 2017

In the context of a dispute as to whether the Secretary of State's discretion to release a prisoner serving a whole-life term (imposed under Sched. 21 (s.269) (or Sched. 22 (s.276) in transitional...

Law Update
23 January 2017

Where, in 2006, the appellant was convicted of manslaughter on the grounds of diminished responsibility (he stabbed a friend in a "brutal killing"), where the psychiatric evidence at trial was that...

Law Update
23 January 2017

Whereas section 4A (Archbold, 2017, § 19-349) of the Protection from Harassment Act 1997 (CLW/97/12/6) provides that "(1) A person (‘A') whose course of conduct - (a) amounts to stalking, and (b)...

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...