Day: 6 February 2008

Amended Police And Criminal Evidence Act 1984 (Pace) Codes Of Practice (A-E) – Home Office Circular

Posted February 6th, 2008 in circulars, codes of practice, evidence, police by sally

“The changes primarily reflect recent legislative changes or make minor typographical corrections but includes clarification on the definition of an offensive weapon; provision of the caution in the Welsh language; expansion of CDS Direct to cover publicly funded ‘own client’ cases where appropriate; changes introduced by the Drugs Act 2005 on assessment and trigger offences; and the provision in Code E to enable a pilot study in Lancashire Constabulary to carry out secure digital recording of interviews with suspects.”

Circular 002 / 2008

Home Office, 28th January 2008

Source: www.homeoffice.gov.uk

Statutory Instruments – OPSI

Posted February 6th, 2008 in legislation by sally

The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) (Revocation and Amendment) Order 2008

The Electricity and Gas (Carbon Emissions Reduction) Order 2008

Source: www.opsi.gov.uk

Wragg and others v Surrey County Council – WLR Daily

Posted February 6th, 2008 in housing, law reports, right to buy by sally

Wragg and others v Surrey County Council [2008] EWCA Civ 19; [2008] WLR (D) 29

“Whether an employee occupied a dwelling-house provided by the employer ‘for the better performance of his duties’ within the meaning of para 2(1) of Sch 1 to the Housing Act 1985, so as not to be entitled to purchase the freehold of the house, was to established by applying an objective test.”

WLR Daily, 5th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Walker) v Secretary of State for Justice – WLR Daily

Posted February 6th, 2008 in law reports, parole, prisons, rehabilitation by sally

R (Walker) v Secretary of State for Justice; R (James) v Same [2008] EWCA Civ 30; [2008] WLR (D) 28

“The Secretary of State for Justice acted unlawfully in failing to provide courses which would allow prisoners serving indeterminate sentences for public protection to demonstrate to the Parole Board by the expiry of their minimum terms that it was no longer necessary for the protection of the public for them to be confined.”

WLR Daily, 5th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Trinity Mirror plc and others – WLR Daily

Posted February 6th, 2008 in anonymity, injunctions, law reports, media by sally

In re Trinity Mirror plc and others [2008] EWCA Crim 50; [2008] WLR (D) 27

“There was no jurisdiction under s 45(4)of the Supreme Court Act 1981 to grant an injunction to restrain the publication of the name of a defendant or the nature of his convictions on the basis that such identification would harm the defendant’s children, who were neither witnesses in the proceedings nor victims of his offences, since such an order was not incidental to the defendant’s trial, conviction and sentence.”

WLR Daily, 5th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Brooke and another) v Parole Board and another – WLR Daily

Posted February 6th, 2008 in human rights, law reports, parole by sally

R (Brooke and another) v Parole Board and another; R (O’Connell) v Parole Board and another; R (Murphy) v Parole Board and another [2008] EWCA Civ 29; [2008] WLR (D) 26

“The Parole Board did not have the independence from the executive that was required for its judicial role in determining whether convicted prisoners should be released on licence.”

WLR Daily, 5th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

House of Lords Judgments: What’s new?

Posted February 6th, 2008 in law reports by sally

Pilecki (Appellant) v Circuit Court of Legnica, Poland (Respondents) (Criminal Appeal from Her Majesty’s High Court of Justice) [2008] UKHL 7 (6 February 2008)

R v Clarke (Appellant) (On Appeal from the Court of Appeal (Criminal Division))R v McDaid (Appellant) (On Appeal from the Court of Appeal (Criminal Division))(Consolidated Appeals) [2008] UKHL 8 (6 February 2008)

In re Maye (AP) (Appellant) (Northern Ireland) [2008] UKHL 9 (6 February 2008)

Majorstake Limited (Respondents) v Curtis (Appellant) [2008] UKHL 10 (6 February 2008)

Source: www.parliament.uk

Hiscox Syndicates Ltd and Another v The Pinnacle Ltd – Times Law Reports

Posted February 6th, 2008 in law reports, noise, nuisance by sally

Hiscox Syndicates Ltd and Another v The Pinnacle Ltd

Chancery Division

“An obligation to use all reasonable endeavours was equated with an obligation to use best endeavours which was more onerous than an obligation to use reasonable endeavours. ”

The Times, 6th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Walker (David)) v Secretary of State for Justice – Times Law Reports

Posted February 6th, 2008 in law reports, parole, sentencing by sally

Regina (Walker (David)) v Secretary of State for Justice; Regina (James (Brett)) v Same

Court of Appeal

“The Secretary of State for Justice acted unlawfully in failing to let prisoners serving indeterminate sentences for public protection show the Parole Board by the expiry of their minimum terms that it was no longer necessary to confine them.”

The Times, 6th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

The Law Explored: when the Lords changes its mind – The Times

Posted February 6th, 2008 in precedent, special report by sally

“Last week, in the so-called Lotto rapist case, the law lords said the law was wrong and changed it. How can they do that?”

Full story

The Times, 6th February 2008

Source: www.timesonline.co.uk

Youth’s appeal clears way for thousands to sue police – The Guardian

Posted February 6th, 2008 in damages, false imprisonment, news by sally

“The court of appeal opened the way yesterday for thousands of suspects to claim damages for false imprisonment if they were kept waiting in a police station pending a Crown Prosecution Service decision on what offence to charge them with.”

Full story

The Guardian, 6th February 2008

Source: www.guardian.co.uk

Employment tribunals should punish the constructive dismissal, not the history – OUT-LAW.com

Posted February 6th, 2008 in constructive dismissal, damages, news by sally

“A victim of a constructive dismissal can only be compensated by an employment tribunal for damages relating to that actual dismissal, not for an employer’s bad behaviour leading up to it, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 6th February 2008

Source: www.out-law.com

‘Confidentiality an inviolable right’ – The Times

Posted February 6th, 2008 in confidentiality, legal profession, news by sally

“Ministers are coming under growing pressure from the legal profession to act over the regulation of bugging.”

Full story

The Times, 6th February 2008

Source: www.timesonline.co.uk

Police to give public business card in move to cut red tape – The Guardian

Posted February 6th, 2008 in news, police by sally

“Police officers will give the public a business card when they stop them in the street instead of filling out a lengthy form under proposals to be unveiled tomorrow by Sir Ronnie Flanagan, the chief inspector of constabulary.”

Full story

The Guardian, 6th February 2008

Source: www.guardian.co.uk

MoJ defiant as barristers boycott VHCC deal – Legal Week

Posted February 6th, 2008 in barristers, fees, news by sally

“The Ministry of Justice (MoJ) has refused to increase fee levels for very high-cost criminal cases (VHCCs) despite thousands of barristers opting to boycott the new Government contract.”

Full story

Legal Week, 5th February 2008

Source: www.legalweek.com

Post Office compensation claim could cost millions – The Times

Posted February 6th, 2008 in compensation, news, postal service, transfer of undertakings by sally

“Royal Mail could be forced to pay several million pounds in compensation amid accusations that it flouted employment law in its restructuring of the Post Office network.”

Full story

The Times, 6th February 2008

Source: www.timesonline.co.uk

Arcades blame gambling law for lost income – Financial Times

Posted February 6th, 2008 in gambling, news by sally

“Seaside arcades and amusement centres are among thousands of businesses that have lost more than a fifth of their income because of the impact of gambling legislation on gaming machines, industry leaders told MPs on Tuesday.”

Full story

Financial Times, 6th February 2008

Source: www.ft.com

Officer told he would face trial if bugging was revealed – The Guardian

Posted February 6th, 2008 in investigatory powers, news, official secrets act, police by sally

“Scotland Yard officers threatened a former policeman with prosecution under the Official Secrets Act if he divulged what he knew about a covert operation in which an MP’s conversations were bugged, the Guardian has learned.”

Full story

The Guardian, 6th February 2008

Source: www.guardian.co.uk

Every breath you take, every move you make, a camera will be watching you – The Times

Posted February 6th, 2008 in closed circuit television, special report by sally

“Walk down any high street in Britain today and you will instantly be under surveillance. All around you, lampposts and shopfronts bristle with CCTV cameras, many of them privately operated and unregulated. They are watching you in case you are bent on shoplifting or engaging in violent disorder.”

Full story

The Times, 6th Febraury 2008

Source: www.timesonline.co.uk

Bar Standards Board kicks off pre-reform review – Legal Week

Posted February 6th, 2008 in barristers, news by sally

“The Bar Standards Board (BSB) has launched a root-and-branch review of the future of the profession in the wake of the Legal Services Act.”

Full story

Legal Week, 6th February 2008

Source: www.legalweek.com