News
Seized Cash – Detention under the Proceeds of Crime Act
Using the Proceeds of Crime Act, HMRC seized £35,000 cash in plastic carrier bags from a Mr Mann as it was suspected he was fraudulently evading excise duty. Boxes of vodka worth around £220,000 had also been found on the premises. Seized cash, it can be held for up to 48 hours, after which time an application must be made to court for its detention. Under criminal law, the court can allow...Read More
0
Burglary offences; New proposed sentencing guidelines
The Sentencing Council has announced a consultation on the revision of sentencing guidelines for domestic, non-domestic and aggravated burglary offences. The existing burglary definitive guideline was the second to be developed by the Sentencing Council and came into force under criminal law in 2012. The proposed guidelines have been developed following an evaluation of the existing ones. The...Read More
0
Malicious Communications offences and Holocaust Denial
In Israel and some 16 European countries, there is a specific offence of Holocaust denial. Holocaust denial is denying that the genocide of Jews took place by the Nazis in the Holocaust. Deniers will, for example, say that significantly less than the accepted number of Jews died, that the camps were not used for murder or that the Nazis simply wanted to deport Jews rather than exterminate...Read More
0
Stalking and Stalking Protection Orders
A former premier league footballer, Shayne Bradley, recently pleaded guilty to stalking a former girlfriend. It was said he followed her, watched her house, sent mails and made abusive phone calls. He hid in hedges near her home and set up a fake dating profile to make contact. The conduct was over a four-month period, but he also breached bail conditions that were imposed. He was sentenced to...Read More
0
Life sentences with further orders
A recent Court of Appeal case has ruled on the appropriateness of protective orders when a life sentence is in place. In GD’s case, the Court imposed a Sexual Harm Prevention Order (SHPO) alongside an indeterminate life sentence. On appeal, the question was whether making the SHPO was wrong in principle. GD had committed several serious sexual offences against children, hence the life...Read More
0
Assault sentencing guidelines to be updated
The existing assault sentencing guidelines came into effect in January 2012; at the same time, the attempt murder guideline was revised. Following an “extensive and complex project”, new sentencing guidelines have been announced for certain violent offences, including new guidance for assaults on emergency workers. Sentencing guidelines are referred to by any sentencing tribunal to...Read More
0