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Brett Wilson Criminal and Regulatory Law blog

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CPs ordered to pay damages for for failing to protect individual from harassment

In R (Waxman) -v- CPs, QBD (Admin) (2 February 2012), Moore-Bick LJ considered the state’s responsibility to prosecute alleged criminal offences, an individual’s access to the civil courts and the Protection from Harassment Act 1997. The Claimant had met F at college.  F had become obsessed with the Claimant and pursued a course of conduct amounting to harassment. …

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Compulsory Disclosure under Restraint Order raises self-Incrimination Issue

In Randhawa (2012 EWCA 3) the Appellant had been convicted of a conspiracy to cheat the revenue arising out of a carousel (or MTIC) fraud. His co-defendant singh had produced documents in the course of proceedings relating to a Restraint Order made against him. He had been compelled to produce those documents by the Order which by…

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Juror found in contempt for sharing findings of internet research

In Attorney-General -v- Theodora Dallas (2012) the Divisional Court heard that a jury member (Dallas) had conducted independent internet research in relation to a criminal trial she was sitting on. she had then discussed her findings with her fellow jury members. At the start of the case the jury had been shown a video about their responsibilities and told not to conduct…

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Variation of Crown Court Restraint Order to fund liquidation

On 16 January 2012 Mrs Justice Gloster DBE gave approved judgment setting out her reasons for granting a variation to a Restraint Order allowing the release of 20 million Us dollars to the liquidators of stanford International Bank Ltd (sIB v serious Fraud Office LTL 18/1/12)on 4 August 2011. The liquidator of sIB had sought…

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section 8(8) POCA precludes double counting of assessment for benefit under 'lifestyle' provisions

In Barnett [2011 EWCA 2936] the Court of Appeal was required to interpret section 8(8) of the Proceeds of Crime Act 2002. In 2005, Barnett had been convicted of living on prostitution. Under the terms of an agreement between the Crown and the defence, the Judge made a confiscation order in the sum of £21,017.34. That Order…

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Transferred malice key to liability for murder

In Gnango [2011 UKsC 59] the supreme Court was asked to consider the criminal liability of the Respondent for the tragic death of a Polish care worker called Magda Pniewska. Miss Pniewska was aged 26 when she was shot dead when walking home from work in October 2007. Miss Pniewska had been shot by a male (BM)…

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Rail regulator prosecutes Network Rail for Elsenham double fatality

The Office of Rail Regulation (ORR) has started criminal proceedings against Network Rail for breaches of health and safety law which led to the deaths of two teenage girls at Elsenham station footpath crossing in December 2005. The prosecution follows the conclusion of ORR’s reopened investigation into the deaths of Olivia Bazlinton and Charlotte Thompson,…

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Abusive language alone cannot found conviction

In an important judgment in Harvey v Director of Public Prosecutions 2011 LTL 18/11/2011, Mr Justice Bean allowed an appeal against conviction for an offence under section 5 Public Order Act 1986. The appellant had been convicted by Magistrates after the Court heard he used the word ‘fuck’ three times whilst being searched by police officers….

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Harry Redknapp to stand trial for cheating revenue

Harry Redknapp and former Portsmouth football club chairman Milan Mandaric will stand trial at southwark Crown Court on 23 January 2012.  The two count indictment alleges that Mandaric and Redknapp arranged for Mandaric to make payments to an account held by Redknapp in Monacco with an intent to defraud the revenue.  The payments are alleged to…

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No Article 6 Protection in Civil Asset Recovery Proceedings

In Gale and another v serious Organised Crime Agency 2011  UKsC 49 the supreme Court was asked to consider the application of Article 6 to Part 5 civil recovery proceedings under the Proceeds of Crime Act 2002. Mr and Mrs Gale had been made the subject of a civil recovery order at first instance by Griffith Williams J….

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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