Files that may shed light on colonial crimes still kept secret by UK – The Guardian

Posted April 26th, 2013 in confidentiality, crime, documents, government departments, news by tracey

“Secret government files from the final years of the British empire are still being concealed despite a pledge by William Hague, the foreign secretary, that they would be declassified and opened to the public.”

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The Guardian, 26th April 2013

Source: www.guardian.co.uk

Class A drugs policy failing, say prison governors – BBC News

Posted April 25th, 2013 in crime, drug abuse, drug offences, news, prisons by sally

“Current policy on illegal drugs creates victims of crime and more prisoners at a cost to taxpayers, the Prison Governors Association (PGA) has argued.”

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BBC News, 25th April 2013

Source: www.bbc.co.uk

Regina v Morris (Daryl) – WLR Daily

Posted April 19th, 2013 in appeals, crime, crime prevention, dangerous driving, defence, law reports by tracey

Regina v Morris (Daryl): [2013] WLR (D)  140

“Where a defendant raised the defence of using reasonable force in the prevention of crime, under section 3(1) of the Criminal Law Act 1967, it would be necessary for the jury to focus first on what the defendant honestly believed were the facts before using their conclusions as to that belief to go on to decide whether the defendant had reasonable grounds for suspecting an offence was being committed and whether the force he used to prevent that crime had been reasonable.”

WLR Daily, 16th April 2013

Source: www.iclr.co.uk

Punks and goths can now be hate crime victims – The Independent

Posted April 4th, 2013 in crime, harassment, hate crime, news, police, young persons by sally

“Greater Manchester Police is the first force to treat offences against subculture groups as hate crimes.”

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The Independent, 3rd April 2013

Source: www.independent.co.uk

Regina v Mahmood – WLR Daily

Posted March 26th, 2013 in confiscation, conspiracy, crime, law reports, proceeds of crime, sentencing by sally

Regina v Mahmood [2013] EWCA Crim 325; [2013] WLR (D) 116

“When calculating the expenditure incurred during a conspiracy, the statutory assumption in section 10(4) of the Proceeds of Crime Act 2002 did not mean that each conspirator was treated as having incurred all of the expenditure and evidence was required about the particular conspirator who had incurred it.”

WLR Daily, 22nd March 2013

Source: www.iclr.co.uk

Hayes v Willoughby – WLR Daily

Posted March 22nd, 2013 in crime, defences, harassment, law reports, Supreme Court by sally

Hayes v Willoughby [2013] UKSC 17; [2013] WLR (D) 110

Where a person whose conduct would amount to harrassment of another within section 1(1) of the Protection from Harassment Act 1997 sought to rely on the defence under section 1(3)(a) of the Act of having acted for the purpose of preventing or detecting crime, he had to show that he had thought rationally about the material suggesting the possibility of criminality and had formed the view that the conduct said to constitute harassment was appropriate for the purpose of preventing or detecting it.

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

Are future criminal barristers out of touch with reality? – The Guardian

Posted March 21st, 2013 in barristers, crime, legal profession, news by sally

“The criminal bar may be facing its darkest moment but applications for bar school continue to rise.”

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The Guardian, 21st March 2013

Source: www.guardian.co.uk

Hayes (FC) (Respondent) v Willoughby (Appellant) – Supreme Court

Posted March 21st, 2013 in crime, defences, harassment, law reports, Supreme Court by sally

Hayes (FC) (Respondent) v Willoughby (Appellant) [2013] UKSC 17 | UKSC 2012/0010 (YouTube)

Supreme Court, 20th March 2013

Source: www.youtube.com/user/UKSupremeCourt

The Supreme Court on harassment: purpose and rationality – UK Human Rights Blog

Posted March 21st, 2013 in crime, defences, harassment, news, Supreme Court by sally

“Harassment is both a civil wrong and a crime. It is a statutory defence to both that the conduct #was pursued for the purpose of preventing or detecting crime’ s.1(3) Protection of Harassment Act 1997. This decision grappled with the problem of the apparently honest but irrational harasser. Was he guilty or did this defence help him? In answering this, the Supreme Court looked at some basic concepts running through great swathes of the law, ‘purpose’, ‘subjective’, ‘objective’, ‘reasonableness’ and, critically, ‘rationality’ – so the case is one not simply for harassment lawyers to look at.”

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UK Human Rights Blog, 20th March 2013

Source: www.ukhumanrightsblog.com

Disability hate crime victims being let down, official report says – The Guardian

Posted March 21st, 2013 in crime, disabled persons, hate crime, news, reports, victims by sally

“Victims of disability hate crime are being let down by the criminal justice system and attacks are not being properly recorded, according to a report by three official inspectorates.”

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The Guardian, 21st March 2013

Source: www.guardian.co.uk

Warning over ‘needless criminalisation’ of children in care – BBC News

Posted March 14th, 2013 in care homes, children, crime, education, news, reports, select committees by sally

“Children in care in England and Wales are being needlessly criminalised for ‘trivial incidents’, MPs have warned.”

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BBC News, 14th March 2013

Source: www.bbc.co.uk

Prison cuts ‘could lead to more crimes’ – Daily Telegraph

Posted March 5th, 2013 in crime, news, prisons, recidivists, rehabilitation, reports by sally

“Serial criminals could commit even more crimes, MPs have warned, because cuts to prison services risk rehabilitation programmes being scaled back.”

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Daily Telegraph, 5th March 2013

Source: www.telegraph.co.uk

Regina v Asmelash – WLR Daily

Posted February 26th, 2013 in alcohol abuse, appeals, crime, defences, homicide, law reports, murder by sally

Regina v Asmelash [2013] EWCA Crim 157; [2013] WLR (D) 79

“There was nothing in the new statutory provisions relating to the partial defence to murder of loss of self control to suggest that Parliament intended that the normal rules which applied to voluntary intoxication should not apply. That did not mean that a defendant who had been drinking was deprived of the loss of control defence, it just meant that the defence had to be approached without reference to the defendant’s voluntary intoxication.”

WLR Daily, 22nd February 2013

Source: www.iclr.co.uk

Regina v Dizaei – WLR Daily

Posted February 21st, 2013 in admissibility, bad character, crime, evidence, law reports, witnesses by sally

Regina v Dizaei [2013] EWCA Crim 88; [2013] WLR (D) 64

“When a court was assessing the probative value of the evidence of bad character of a witness in criminal proceedings, in accordance with the provisions of section 100 of the Criminal Justice Act 2003, among the factors relevant to the admissibility judgment, the court should consider whether the admission of such evidence might make it difficult for the jury to understand the remainder of the evidence, and whether its understanding of the case as a whole might be diminished. If the conclusion was that the evidence was not of substantial probative value in establishing propensity or lack of creditworthiness of the witness, or that the evidence was not of substantial importance in the context of the case as a whole, or both, the preconditions to admissibility would not established.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

Crime, Rehabilitation and the Right to Private Life: where should the “Bright line” fall? – Garden Court Chambers Blog

Posted February 19th, 2013 in crime, criminal records, employment, news, privacy, rehabilitation by sally

“Shereener Browne analyses the recent decision in T, R (on the application of) v Chief Constable of Greater Manchester & Ors and its impact on employment law.”

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Garden Court Chambers Blog, 18th February 2013

Source: www.gclaw.wordpress.com

Regina v Love and another – WLR Daily

Posted February 14th, 2013 in amendments, crime, indictments, law reports by sally

Regina v Love and another [2013] WLR (D) 56

“After a guilty plea had been entered an indictment could be amended otherwise than on an application by the defendant.”

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

Terrorism watchdog questioned ‘bewildering’ array of terror powers – Daily Telegraph

Posted February 14th, 2013 in crime, legislation, news, terrorism by sally

“The terrorism watchdog yesterday criticised the ‘bewildering’ range of anti-terror powers in the UK and said he wished the ‘evocative’ phrase had never entered the law.”

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Daily Telegraph, 14th February 2013

Source: www.telegraph.co.uk

Crime statistics for England & Wales: violent crime and sexual offences – The Guardian

Posted February 8th, 2013 in crime, news, sexual offences, statistics, violence by sally

“2.1m violent incidents were recorded in 2011/12 by the Crime Survey for England and Wales. See what the latest figures say.”

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The Guardian, 7th February 2013

Source: www.guardian.co.uk

Private Criminal Prosecutions in Financial Remedies Cases – Family Law Week

Posted February 7th, 2013 in conspiracy, crime, divorce, financial provision, news, private prosecutions by sally

“Andrzej Bojarski, Kate Tompkins and Cameron Crowe, barristers at 36 Bedford Row, combine their expertise in unravelling complex financial arrangements on divorce and prosecuting serious crimes to consider whether the criminal courts might offer opportunities for a spouse in an exceptional case when all conventional options in the family courts have been exhausted.”

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Family Law Week, 6th February 2013

Source: www.familylawweek.co.uk

EU crime and justice measures of ‘real importance’ says Starmer – Law Society’s Gazette

Posted February 7th, 2013 in crime, EC law, international law, news, select committees, treaties, warrants by sally

“Failure to opt back in to EU criminal justice measures will hamper the UK’s ability to prosecute cross-border crime, making procedures ‘uncertain, cumbersome and fragmented’, the director of public prosecutions told peers today.”

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Law Society’s Gazette, 6th February 2013

Source: www.lawgazette.co.uk