June 2009 – Page 10 – Current Awareness

Public Attitudes to the Principles of Sentencing – Sentencing Guidelines Council

Posted June 17th, 2009 in news, sentencing by sally

“This is the sixth research report published by the Sentencing Advisory Panel. It contains the findings from independent research which aimed to get a better understanding of public attitudes to the overarching principles of sentencing. The research comprised a survey of a representative sample of 1,023 adults across England and Wales and 8 focus groups.”

Public Attitudes to the Principles of Sentencing (PDF)

Press Notice (PDF)

Sentencing Guidelines Council, 16th June 2009

Source: www.sentencing-guidelines.gov.uk

R v Clarke (Joseph) – WLR Daily

Posted June 17th, 2009 in conditional discharge, confiscation, law reports, sentencing by sally

R v Clarke (Joseph) [2009] EWCA Crim 1074; [2009] WLR (D) 188

“The Crown Court had no power to impose a confiscation order against a defendant following conviction of an offence for which he or she had been sentenced by way of an absolute or conditional discharge.”

WLR Daily, 16th June 2009

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.

Bocardo SA v Star Energy UK Onshore Ltd and anr – WLR Daily

Posted June 17th, 2009 in law reports, oil wells, trespass by sally

Bocardo SA v Star Energy UK Onshore Ltd and anr [2009] EWCA Civ 579; [2009] WLR (D) 187

“A party, under licence from the Crown to search for, bore and obtain oil, which drilled and used pipelines to extract the oil from land without the grant of permission by the owner of the paper title in exclusive possession of that land, committed a trespass, although such trespass was purely technical in that no interference was effected on the landowner’s use or enjoyment of his land, nor did the latter have any rights to the oil which belonged exclusively to the Crown and its licensee.”

WLR Daily, 16th June 2009

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.

Alexis v Newham London Borough Council – WLR Daily

Posted June 17th, 2009 in law reports, negligence, personal injuries, poisoning, school children, teachers by sally

Alexis v Newham London Borough Council [2009] EWHC 1323 (QB); [2009] WLR (D) 186

“A local authority owed a duty of care to its teachers to take such precautions as were reasonable in all the circumstances to prevent or minimise the risk of injury that might occur as a result of mischievous or malicious behaviour on the part of pupils.”

WLR Daily, 16th June 2009

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 (Abdullah) v Secretary of State for the Home Department – WLR Daily

Posted June 17th, 2009 in asylum, EC law, law reports, marriage by sally

R (Abdullah) v Secretary of State for the Home Department [2009] WLR (D) 185

“Directions for the removal of a person who had no right to remain in the United Kingdom following the dismissal of his claim for asylum were not suspended by virtue of s 78 of the Nationality, Immigration and Asylum Act 2002 and reg 29 of the Immigration (European Economic Area) Regulations 2006 by reason of there being pending an appeal against the refusal of his application for a residence card under reg 17 of those regulations.”

WLR Daily, 16th June 2009

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.

Szuluk v United Kingdom (Application No 36936/05) – Times Law Reports

Posted June 17th, 2009 in confidentiality, human rights, law reports, prisons by sally

Szuluk v United Kingdom (Application No 36936/05)

European Court of Human Rights

“In a unanimous judgment, the European Court of Human Rights held that monitoring, by the prison authorities of medical correspondence between a convicted prisoner and his external specialist doctor, violated the prisoner’s right for respect for his correspondence, as guaranteed by article 8 of the European Convention on Human Rights.”

The Times, 17th June 2009

Source: www.timesonline.co.uk

Baker and Others v Quantum Clothing and Others – Times Law Reports

Posted June 17th, 2009 in health & safety, law reports by sally

Baker and Others v Quantum Clothing and Others

Court of Appeal

Whether a work place was in fact made and kept safe was to be judged objectively without reference to what might have earlier been thought to be good practice.

The Times, 17th June 2009

Source: www.timesonline.co.uk

David Miliband wants interrogation policy kept secret – The Guardian

Posted June 17th, 2009 in disclosure, intelligence services, news, torture by sally

“The foreign secretary, David Miliband, told MPs today that he will not allow the public to see the secret interrogation policy that is at the heart of allegations that MI5 has been colluding in the torture of British citizens.”

Full story

The Guardian, 16th June 2009

Source: www.guardian.co.uk

Race hate criminals return to UK – BBC News

Posted June 17th, 2009 in inciting racial hatred, news by sally

“The first Britons to be convicted of inciting racial hatred online are to arrive back in the UK.”

Full story

BBC News, 16th June 2009

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted June 17th, 2009 in legislation by sally

The Seed (Conservation Varieties Amendments) (Wales) Regulations 2009

The Scotland Act 1998 (Modification of Schedule 4) Order 2009

The Real Estate Investment Trusts (Amendment of Schedule 16 to the Finance Act 2006) Regulations 2009

The Education (Special Educational Needs Co-ordinators) (England) (Amendment) Regulations 2009

The Children Act 1989 (Higher Education Bursary)(England) Regulations 2009

The Data Protection (Processing of Sensitive Personal Data) Order 2009

The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009

Source: www.opsi.gov.uk

Straw announces knife crime sentencing review – The Guardian

Posted June 17th, 2009 in murder, news, offensive weapons, sentencing by sally

“Knife murderers could face prison terms of 30 years after the justice secretary, Jack Straw, today announced a review of sentencing policy.”

Full story

The Guardian, 16th June 2009

Source: www.guardian.co.uk

Pregnant woman told to collect own compensation money from attacker – Daily Telegraph

Posted June 17th, 2009 in compensation, news, restorative justice by sally

“A pregnant woman who was awarded £300 in compensation after a woman abused her at a doctor’s surgery was told to go and collect it herself as part of the Government’s restorative justice system.”

Full story

Daily Telegraph, 16th June 2009

Source: www.telegraph.co.uk

Domestic abuse death police sorry – BBC News

Posted June 17th, 2009 in domestic violence, elderly, news, police by sally

“Police have been forced to apologise to a family and change domestic abuse policies after the murder of a 75-year-old woman.”

Full story

BBC News, 16th June 2009

Source: www.bbc.co.uk

Al Muhajiroun’s return presents test for terror laws – The Independent

Posted June 17th, 2009 in Islam, news, terrorism by sally

“A formerly defunct radical Islamist sect led by the banned preacher Omar Bakri Muhammad has appointed a new British leader and will re-form publicly this week for the first time in five years.”

Full story

The Independent, 17th June 2009

Source: www.independent.co.uk

MPs’ expenses: attack on MPs by the £21 judges – Daily Telegraph

Posted June 17th, 2009 in expenses, news, parliament by sally

“A group of judges has launched an unprecedented public attack on MPs over their ‘disproportionately large’ expenses.”

Full story

Daily Telegraph, 17th June 2009

Source: www.telegraph.co.uk

Digital Britain: Government vows to cut illegal file-sharing by 70% – OUT-LAW.com

“The Government believes it can reduce unlawful file-sharing by 70% to 80% by forcing internet service providers (ISPs) to tell users that their copyright infringement has been noted and making evidence of infringement available to the courts.”

Full story

OUT-LAW.com, 16th June 2009

Source: www.out-law.com

The Big Question: Are prison sentences too lenient, and does the system need changing? – The Independent

Posted June 17th, 2009 in imprisonment, news, sentencing by sally

“Why are we asking this now?

In the past few days, the issue of sentencing has come to the fore in three high-profile cases, culminating in an announcement yesterday by the Attorney General, Baroness Scotland, that the sentences handed down to Baby P’s killers were not unduly lenient and therefore she would not be referring the case to Court of Appeal.”

Full story

The Independent, 17th June 2009

Source: www.independent.co.uk

Plan to monitor emails will not work, says LSE – The Guardian

Posted June 17th, 2009 in interception, internet, news, telecommunications by sally

“The Home Office’s revised proposals to monitor all text messages, email and internet use will have poor safeguards, prove very costly and not even work, London School of Economics researchers have found.”

Full story

The Guardian, 17th June 2009

Source: www.guardian.co.uk

Judge calls for action to stop British ‘epidemic’ of family breakdown – The Times

Posted June 17th, 2009 in divorce, marriage, news by sally

“A national commission should be created to tackle Britain’s ‘epidemic’ of family breakdown, a senior judge said yesterday.”

Full story

The Times, 17th June 2009

Source: www.timesonline.co.uk

Police chief escapes jail for refusing to hand over seized material – The Guardian

Posted June 17th, 2009 in contempt of court, expert witnesses, news, police, search & seizure by sally

“A chief constable was criticised by three judges today for defying a high court order to return computer hard drives containing evidence of suspected child abuse to an expert witness.”

Full story

The Guardian, 16th June 2009

Source: www.guardian.co.uk