‘The Crown Prosecution Service (CPS) has been accused of “systemic illegality” in its approach to charging rape cases in a landmark judicial review into how the crime is prosecuted.’
The Guardian, 26th January 2021
Source: www.theguardian.com
‘The phrases “personally seen” in s. 11(5) of the Mental Health Act 1983 and “personally examined” in s. 12(1) require the physical attendance of the person in question on the patient, the Divisional Court has clarified.’
Local Government Lawyer, 25th January 2021
Source: www.localgovernmentlawyer.co.uk
‘The latest version of the Senior Courts Costs Office Guide has been published.
This 2021 update hasn’t changed extensively from when it was last published in 2018, but reflects some fundamental changes in practice which occurred before COVID-19 and which have been increased as a result of it.’
Courts and Tribunals Judiciary, 25th January 2021
Source: www.judiciary.uk
‘The Senior Presiding Judge, Lady Justice Thirlwall, and the Deputy Senior Presiding Judge, Lord Justice Haddon-Cave, have issued new guidance on the wearing of masks and face coverings in courts.’
Local Government Lawyer, 18th January 2021
Source: www.localgovernmentlawyer.co.uk
‘NEW legal guidance to set updated rules on charging criminal cases has been published by the Director of Public Prosecutions today.
The Director’s Guidance on Charging 6th Edition (DG6) has been unveiled by The Crown Prosecution Service with the new rules coming into immediate effect. The document, which was last updated in 2013, provides a clear set of guidelines for prosecutors and police to ensure cases are referred to the CPS at the right time; with the right material and information so that prosecutors can make immediate charging decisions and cases pass effectively and efficiently through the criminal justice system.’
Crown Prosecution Service, 31st December 2020
Source: www.cps.gov.uk
‘Prosecutors working on gang-related cases which involve women and girls should consider if there is evidence they have been forced or groomed into committing crime, according to new legal guidance published today. The guidance, Decision-making in “gang” related offences, has been drawn up by the Crown Prosecution Service to give lawyers practical advice on building the strongest possible cases and gathering robust evidence to present to the court.’
Crown Prosecution Service, 16th December 2020
Source: www.cps.gov.uk
‘Ministers have been told they must “stamp out” a “normal” birth ideology in NHS maternity services that puts babies and mothers lives at risk. The call came after an inquiry report into poor care at the Shrewsbury and Telford Hospital Trust found many women were medicated and forced to endure traumatic births with some being denied caesarean sections in order to keep rates low.’
The Independent, 10th December 2020
Source: www.independent.co.uk
‘Judges and magistrates are to be given explicit reminders for the first time in sentencing guidelines of the disparity in punishments being imposed by the courts on white, Asian and black offenders.’
The Guardian, 9th December 2020
Source: www.theguardian.com
‘As an experienced prosecutor of rape and serious sexual offences, I never underestimate the courage it takes for a victim to report such a deeply violating and distressing event to police. CPS staff, especially those on our RASSO teams are all too aware of the unique barriers many face when deciding whether to report offences relating to sexual assault; these include shame, guilt, fear of the process, fear of not being believed, shock, cultural context, embarrassment, language barriers and fear of reprisal from the community.’
Crown Prosecution Service, 29th November 2020
Source: www.cps.gov.uk
‘A new tech regulator will work to limit the power of Google, Facebook and other tech platforms, the government has announced, in an effort to ensure a level playing field for smaller competitors and a fair market for consumers.’
The Guardian, 27th November 2020
Source: www.theguardian.com
‘Family lawyers should be forced to follow good practice to protect children from “acrimonious legal representation” and report it to their regulator, a major report has concluded.’
Legal Futures, 17th November 2020
Source: www.legalfutures.co.uk
‘The President of the Family Division, Sir Andrew McFarlane, has published guidance on the need to protect victims of domestic abuse in remote and hybrid hearings.’
Local Government Lawyer, 11th November 2020
Source: www.localgovernmentlawyer.co.uk
‘Leanne Francis comments on the ICO’s new guidance on handling data subject access requests from employees.’
OUT-LAW.com, 5th November 2020
Source: www.pinsentmasons.com
‘I will look at in this article at some of the sentencing principles and guidance when sentencing young people and in particular for serious offences and when they are suffering from mental illness.’
33 Bedford Row, 27th October 2020
Source: www.33bedfordrow.co.uk
‘More than a few are eyeing the value of rooftops on residential tower blocks of flats.’
The 36 Group, October 2020
Source: 36group.co.uk
‘The Sentencing Council’s guideline for sentencing offenders with mental disorders, developmental disorders, or neurological impairments came into force on 1 October 2020. The guideline applies only to offenders aged 18 and older, who are sentenced on or after 1 October 2020, regardless of the date of the offence. The applicable guideline for offenders under the age of 18 remains the Sentencing Children and Young People guideline, particularly section 11.1 to 1.14.’
St Philips Barristers, 7th October 2020
Source: st-philips.com
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