All posts
5.01.12
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…
Read more4.01.12
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)…
Read more25.11.11
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,…
Read more22.11.11
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….
Read more12.11.11
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…
Read more8.11.11
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….
Read more18.09.11
sFO Head says that reckless bankers should end up in jail
Richard Alderman, Head of the serious Fraud Office, is reported as saying that the current law is defective so far as the criminal liability of corporations and senior individuals in financial institutions is concerned. Mr Alderman is quote in the sunday Times as saying “..if you are running a bank and you run it recklessly and you…
Read more20.08.11
Former Labour MP released from prison
Former Labour MP Jim Devine released from prison after serving a quarter of the 16 month sentence for expenses fraud.
Read more17.08.11
Attorney General warning
Attorney General warns that social networking sites could threaten the existence of jury trials.
Read more16.08.11
John Yates resigns
Metropolitan Police Assistant Commissioner John Yates resigns following criticism of his handling of phone hacking investigation
Read moreLegal Disclaimer
Articles are intended as an introduction to the topic and do not constitute legal advice.
