Justice Committee calls for “more meaningful” penalties for companies convicted of financial crime – OUT-LAW.com

“Fines handed to companies convicted of fraud or other financial crimes should be calculated as a percentage of turnover, rather than with reference to the amount of financial harm caused, a committee of MPs has said.”

Full story

OUT-LAW.com, 13th November 2013

Source: www.out-law.com

Where now for mediation? Extending the Halsey guidelines – 11 Stone Buildings

Posted October 30th, 2013 in appeals, costs, dispute resolution, news, penalties by sally

“Since the case of Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, the manner in which the Court may encourage parties to settle their disputes by mediation has been largely settled. Thus, the court should not compel parties to mediatebut it may engage in robust encouragement. Importantly, a successful party may be deprived of some or all of its costs if it unreasonably refuses to mediate. The burden is on the unsuccessful party to demonstrate unreasonableness.”

Full story (PDF)

11 Stone Buildings, October 2013

Source: www.11sb.com

The Sinister Side of Restorative Justice – Criminal Law and Justice Weekly

Posted October 29th, 2013 in costs, fines, news, penalties, rehabilitation, restorative justice by sally

“Restorative justice offers many benefits but is it in danger of being mishandled, asks Tracey McMahon.”

Full story

Criminal Law and Justice Weekly, 26th October 2013

Source: www.criminallawandjustice.co.uk

Penalties, PECR and PPI – Panopticon

Posted October 22nd, 2013 in appeals, data protection, EC law, insurance, news, penalties, telecommunications, tribunals by tracey

“Niebel v Information Commissioner is the first Tribunal decision about penalties under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). Mr.Niebel successfully appealed against a penalty of £300,000.”

Full story

Panopticon, 22nd October 2013

Source: www.panopticonblog.com

Modernising wildlife law – Law Commission

Posted October 16th, 2013 in animals, bills, birds, EC law, environmental protection, Law Commission, news, penalties by sally

“The Law Commission has today [15 October] set out its proposed principles for a new regulatory regime for wildlife.”

Full story

Law Commission, 15th October 2013

Source: www.lawcommission.justice.gov.uk

Harsher penalties for dangerous dog owners whose pets are involved in violent attacks – The Independent

Posted October 16th, 2013 in bills, consultations, dogs, imprisonment, news, penalties by sally

“The owners of dangerous dogs involved in violent attacks could face similar penalties to those found guilty of causing death by dangerous driving, Home Office Minister Norman Baker has said.”

Full story

The Independent, 15th October 2013

Source: www.independent.co.uk

Employers could be penalised by tribunals for breaches of workers’ rights where there are “aggravating features”, BIS confirms – OUT-LAW.com

Posted October 11th, 2013 in employment, employment tribunals, news, penalties by sally

“The Government has confirmed its intention to give employment tribunals the power to impose financial penalties on employers where they breach a worker’s rights and there are ‘aggravating features’.”

Full story

OUT-LAW.com, 10th October 2013

Source: www.out-law.com

Significant changes to corporate crime regime on the way as National Crime Agency launches – OUT-LAW.com

Posted October 9th, 2013 in bribery, corruption, fraud, news, ombudsmen, penalties, whistleblowers by sally

“US-style incentives for whistleblowers against corporate fraud, bribery and corruption offences could be introduced in the UK following the launch of the new National Crime Agency (NCA), an expert has said.”

Full story

OUT-LAW.com, 8th October 2013

Source: www.out-law.com

Instant Justice – BBC Unreliable Evidence

Posted October 3rd, 2013 in cautions, crime, news, penalties, police, victims by sally

“The widespread use of on-the-spot fines, fixed penalties, cautions and other ‘out of court disposals’ has raised concerns that the criminal justice system is being undermined.”


BBC Unreliable Evidence, 2nd October 2013

Source: www.bbc.co.uk

Proceedings concerning Texdata Software GmbH – WLR Daily

Posted October 1st, 2013 in accounts, EC law, freedom of establishment, law reports, penalties by sally

Proceedings concerning Texdata Software GmbH (Case C-418/11); [2013] WLR (D) 358

“National legislation prescribing the immediate imposition of a periodic penalty upon a branch of a capital company governed by the laws of another member state in consequence of the failure of that branch, within the statutory nine-month period, to disclose to the authorities of the member state concerned the documents and particulars required by articles 1 and 2 of the Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a member state by certain types of company governed by the law of another member state (OJ 1989 L395, p 36) without prior notice and without the company first having been given an opportunity to state its views on the alleged breach was not precluded by European law, provided that the domestic courts were satisfied that the system of penalties was effective, proportionate and dissuasive.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Prisoners made to pay for damage – Ministry of Justice

Posted October 1st, 2013 in costs, criminal damage, news, penalties, prisons by sally

“Prisoners who cause damage to prisons and prison property will have to pay for the cost of repairs under new plans announced by Justice Secretary Chris Grayling.”

Full story

Ministry of Justice, 30th September 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Football hooligans face ban from World Cup and Euros under CPS guidelines – Crown Prosecution Service

“The Crown Prosecution Service (CPS) and the Association of Chief Police Officers (ACPO) have today (23 August 2013) published a joint policy for dealing with violence, disorder, criminal damage and abuse in and around football matches this season.”

Full press release

Full guidelines

Crown Prosecution Service, 23rd August 2013

Source: www.cps.gov.uk

Probation officer prosecution should remind businesses of potential criminal penalties for data breaches, says expert – OUT-LAW.com

Posted August 22nd, 2013 in data protection, fines, news, penalties, probation by sally

“The prosecution of a probation officer for handing over personal information relating to the victim of domestic abuse to the alleged perpetrator should act as a reminder to business of the criminal penalties they could face for breaching UK data protection laws, an expert has said.”

Full story

OUT-LAW.com, 21st August 2013

Source: www.out-law.com

New on the spot fines for careless drivers come into force – Daily Telegraph

Posted August 16th, 2013 in careless driving, fines, news, penalties, road traffic offences by tracey

“Motorists who hog the middle lane, cut up other drivers or tailgate face £100 fines from today.”

Full story

Daily Telegraph, 16th August 2013

Source: www.telegraph.co.uk

Anti-social drivers face £100 fines and three point penalty – Daily Telegraph

Posted August 14th, 2013 in careless driving, fines, news, penalties, road traffic offences by sally

“Motorists who hog the middle lane, cut up other drivers or tailgate face £100 fines from tomorrow.”

Full story

Daily Telegraph, 14th August 2013

Source: www.telegraph.co.uk

Dangerous dogs: tougher penalties for irresponsible dog owners – Home Office

Posted August 6th, 2013 in consultations, dogs, news, penalties, sentencing by sally

“The government is asking for people’s views about whether current penalties for dog offences are severe enough.”

Full story

Home Office, 6th August 2013

Source: www.gov.uk/home-office

Owners of killer dogs could face life in prison – The Guardian

Posted August 6th, 2013 in bills, consultations, dogs, news, penalties, sentencing by sally

“Owners of dogs that kill people could face life imprisonment if an online consultation run by the government demonstrates public support for more severe penalties.”

Full story

The Guardian, 6th August 2013

Source: www.guardian.co.uk

Theresa May to ban two extremist groups – The Guardian

Posted July 9th, 2013 in crime, news, penalties, proscribed organisations, terrorism by sally

“Two extremist groups – UK-based Minbar Ansar Deen and Nigeria-based Boko Haram – are to be proscribed in the UK under terrorism laws, making membership and support for them a criminal offence.”

Full story

The Guardian, 8th July 2013

Source: www.guardian.co.uk

Government backs jailing reckless bankers – BBC News

Posted July 9th, 2013 in banking, bills, crime, misfeasance, news, penalties, reports by sally

“The government has said it will support most of the recommendations produced by the Parliamentary Commission for Banking Standards.”

Full story

BBC News, 8th July 2013

Source: www.bbc.co.uk

Calls for police ethics crackdown and positive discrimination in recruitment – The Guardian

“An investigation by the home affairs select committee into the standards of police leadership in England and Wales, after a series of scandals involving the most senior officers, found a patchwork of training, standards and accountability countrywide.”

Full story

The Guardian, 1st July 2013

Source: www.guardian.co.uk