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Brett Wilson Criminal and Regulatory Law blog

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6.09.12

Couple who shot burglar not to be charged

The Chief Crown Prosecutor for the East Midlands Judith Walker has issued a statement indicating that Andy and Tracey Ferrie will not be charged for using a licenced shotgun to defend themselves from masked intruders who sought to burgle their home in Melton Mowbray.  Mr and Mrs Ferrie were arrested and spent three days in custody after reporting…

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4.09.12

Berezovsky v Abramovich – Judgment published online

An executive summary of the largest private claim in British legal history has been published online.  Boris Berezovsky sued Roman Abramovich in the Commercial Court of the High Court for $6.5 billion.  The widely-publicised action was based on a claim by Mr Berezovsky that Mr Abramovich had blackmailed him to sell his interest in an oil conglomerate they founded together for a vastly reduced price.  Judgment was…

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31.08.12

squatting becomes a criminal offence

On 1 september 2012 the new offence of squatting in a residential building came into force.  To date homeowners have had to pursue civil remedies to remove squatters, which can be costly and time consuming.  Under the new law a homeowner can make a complaint to the police who will have the power to arrest and remove squatters…

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10.08.12

Law Commission to consider whether offence of scandalising the Court should be abolished

The offence of scandalising the court dates back to 1765.  Under the law it is an offence to be extremely offensive to a judge or accuse him/her of corruption.  The offence is a form of contempt of court and includes the publication of material or the carrying out of acts likely to undermine the administration…

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Cash forfeiture decision irrational

In Wiese v UK Border Agency [2012] EWHC 2019 the subject of the judicial review was the decision of District Judge snow at Westminster Magistrates Court to order the forfeiture of the sum of £674,920 from the Appellant which had been seized in cash at London City Airport. It was not disputed by the Respondent that the…

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Undeclared lawful savings cannot be subject of cash forfeiture

In Begum v West Midlands Police [2012] EWCA 2304 the Appellant had been in possession of £7150 in cash on her person which was seized by the police under section 294 POCA 2002. The Appellant admitted, and it was accepted by the Magistrates Court, that she kept the money in cash so as to avoid its detection…

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9.08.12

Judge's dismissal rulings upheld in BWLLP case

Brett Wilson LLP acted for H in R v C, s, W, D and H [2012] EWCA 1762 in which the Crown Court had dismissed counts 1 -5 on an indictment alleging conspiracy to launder the proceeds of crime. The prosecution appealed against the Judges ruling in counts 1,4 and 5. They also appealed against three rulings made in…

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27.07.12

Code for Crown Prosecutors to include proportionality test

The CPs has published a draft revised Code for Crown Prosecutors, which will be the seventh version implemented in its 26 year history. The draft includes a test which requires consideration to given to whether a prosecution is proportionate to the costs involved in bringing it. The Code is the prescribed basis upon which the…

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16.07.12

Judgment in R v John Terry published online

The Judicial Office has published the judgment of District Judge Riddle setting out the reasons for footballer John Terry’s acquittal.  The judgment was handed down at the City of Westminster Magistrates’ Court on 13 July 2012. Mr Terry had been charged with using threatening, abusive or insulting words or behaviour or disorderly behaviour within the hearing or sight of…

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9.07.12

Decision whether to prosecute in phone-hacking cases imminent

The Director of Public Prosecutions Keir starmer is reported as saying that he was “reasonably confident” that the Crown Prosecution service would reach a conclusion on what action it will take by the end of July in relation to 13 cases relating to allegations of phone hacking.  The subjects of the investigation are believed to be newspaper reporters and editors.  Mr…

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

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