The Iraq War’s hard lessons – BBC News
‘Sir John Chilcot’s long overdue, and extremely lengthy report, has the unenviable task of drawing a line under the deeply unpopular Iraq War.’
BBC News, 5th July 2016
Source: www.bbc.co.uk
Half of police officers facing gross misconduct charges quit force before case heard – The Guardian
‘Half of police officers facing gross misconduct investigations in the past two years resigned or retired before their cases were heard, figures show.’
The Guardian, 4th July 2016
Source: www.guardian.co.uk
A Local Authority v D and others [2016] EWHC 1438 (Fam) – WLR Daily
A Local Authority v D and others [2016] EWHC 1438 (Fam)
‘The applicant local authority applied, pursuant to paragraph 6(3) of Schedule 3 to the Children Act 1989, for a six-month extension of a supervision order made in its favour under section 31 of the 1989 Act in respect of three children from the travelling community. The application was dated the day that the original order expired but was not issued until the following day.’
WLR Daily, 1st July 2016
Source: www.iclr.co.uk
Regina v Anwar (Umar) and others [2016] EWCA Crim 551 – WLR Daily
Regina v Anwar (Umar) and others [2016] EWCA Crim 551
‘The victim was telephoned and offered a supply of cannabis, as a result of which he drove to the appointed place where he got into a silver car, joining the three occupants, to complete the purchase. The front passenger pointed a shotgun at his face while the driver brandished a knife. As the victim attempted to escape two men exited a white van nearby and attempted to take his car. The man with the shotgun fired two shots but the victim escaped. Six defendants stood trial on charges of attempted murder, conspiracy to commit robbery and possession of a firearm with intent to commit robbery. The Crown argued that this was a well-planned criminal enterprise as shown on the CCTV footage and by the frequent mobile phone calls between the defendants which showed that all the robbers had the necessary knowledge that a firearm was to be carried with the intention that it should be used during the course of the robbery with the required, if conditional, intention to kill. The trial judge ruled that, although there was a case for all defendants to answer in respect of the count of conspiracy to rob, there was no case in relation to attempted murder and possession of a firearm with intent because there was no evidence to establish a prima facie case as to (a) any particular defendant being in the silver car; (b) any particular defendant holding the shotgun either in the silver car or when the shots were fired; or (c) crucially, any particular defendant being aware, by the time of travelling to the scene, that the shotgun was loaded, or that he was intending that it should be used if necessary specifically to kill. The Crown appealed against the judge’s ruling, pursuant to the provisions of section 58 of the Criminal Justice Act 2003.’
WLR Daily, 1st July 2016
Source: www.iclr.co.uk
Goluchowski v District Court in Elblag, Poland ; Sas v Circuit Court in Zielona Gora, Poland and another [2016] UKSC 36 – WLR Daily
‘In each case the requested person, a Polish national was convicted of serious offences in Poland and sentenced to a term of imprisonment. In the first case the sentence was suspended but later activated because the requested person failed to adhere to the terms of the suspension. In the second case the requested person, with regard to two relevant sentences, had been (i) on release pending an unsuccessful appeal and (ii) on conditional early release which had been revoked because of breaches of the applicable conditions. In each case the requested person was required to surrender himself to the Polish authorities to serve the outstanding sentence but failed to do so. Various summonses and arrest warrants were issued in Poland which failed to achieve the apprehension of the requested persons and, upon discovering that the requested persons were in England, European arrest warrants were issued and served on the appropriate authorities.’
WLR Daily, 30th June 2016
Source: www.iclr.co.uk
Alice Gross inquest finds schoolgirl was unlawfully killed – The Guardian
‘Alice Gross, the 14-year-old believed to have died at the hands of Arnis Zalkalns, a Latvian builder, in 2014, was unlawfully killed in a sexually motivated attack, an inquest jury has found.’
The Guardian, 4th July 2016
Source: www.guardian.co.uk
Six jailed for ‘drug ambulance’ smuggling plot – BBC News
‘Six men have been jailed for a total of 94 years after smuggling drugs from Holland to the UK in fake ambulances.’
BBC News, 4th July 2016
Source: www.bbc.co.uk
Criminal proceedings against Kossowski (Case C-486/14) – WLR Daily
Criminal proceedings against Kossowski (Case C-486/14)
‘The accused fled from Germany to Poland after being accused of committing a criminal offence in Germany, and a criminal investigation was initiated against him in that state. The Polish authorities subsequently arrested the accused with a view to the enforcement of a term of imprisonment to which he had been sentenced in Poland in a different case. Subsequently, the Polish authorities opened an investigation procedure against the accused, accusing him of an offence based on his actions in Germany but decided eventually to terminate the criminal proceedings for lack of sufficient evidence. The Higher Regional Court, Hamburg, hearing an appeal brought by the Hamburg Public Prosecutor’s Office against that decision, took the view that under the German law, the evidence against the accused was sufficient to justify the opening of trial proceedings before the Regional Court, Hamburg, and the acceptance of the indictment for the purposes of those proceedings, unless that was barred by the principle of ne bis in idem (protection from multiple prosecutions in different member states) laid down in article 54 of the Convention Implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (1995) (OJ 2000 L239, p 19) (the “CISA”) and article 50 of the Charter of Fundamental Rights of the European Union. Accordingly, the Hamburg court referred to the Court of Justice of the European Union for a preliminary ruling a number of questions on the interpretation of those provisions.’
WLR Daily, 30th June 2016
Source: www.iclr.co.uk
Regina v Malhi – WLR Daily
‘In 2006 the defendant pleaded guilty to a charge of conspiracy to obtain property by deception. He was sentenced to 12 months’ imprisonment. In confiscation proceedings his criminal benefit was assessed at over £800,000 but, as he had no available assets, a confiscation order was made in the nominal sum of £1. Subsequently, the defendant having bought a house, the prosecution applied under section 22 of the Proceeds of Crime Act 2002 for reconsideration of the available amount. In July 2015 the amount of the confiscation order was varied from £1 to £108,010, the value of the defendant’s equity in the house, with five years’ imprisonment to be served in default of payment. The defendant made a late application for permission to appeal against conviction and sentence. The application was dismissed except that it was adjourned as to two of the proposed grounds of appeal, namely (i) that the default sentence was excessive because, at the time of the offence, the maximum period of imprisonment in default of payment of a confiscation order in relation to a sum between £100,00 and £250,000 was three years and the judge had therefore been wrong to have regard to the increased maximum period provided for in section 10 of the Serious Crime Act 2015 which, by regulation 3(g) of the Serious Crime Act 2015 (Commencement No 1) Regulations 2015 came into force on 1 June 2015; (ii) that the term imposed was manifestly excessive.’
WLR Daily, 30th June 2016
Source: www.iclr.co.uk
In re D (A Child) (Recognition of Foreign Order) (Reunite Child Abduction Centre and another intervening) – WLR Daily
‘In litigation in Romania concerning the care and custody of a 10 year-old child born to Romanian parents who had lived most of his life with his mother in England, the Bucharest Court of Appeal awarded custody of the child to his father. The father obtained an order in the High Court for recognition and registration of that decision under article 21(2) of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility. The mother appealed to a High Court judge pursuant to article 33 of the Regulation. The judge, allowing the appeal, refused recognition of the Romanian court order under article 23(b) on the ground that the order had been made without the child having been given an opportunity to be heard. The father, having unsuccessfully appealed to the Court of Appeal, obtained leave for a further appeal to the Supreme Court. Upon the mother challenging the father’s right to a further appeal, the Supreme Court convened a preliminary hearing to determine whether it had jurisdiction to proceed with the appeal.’
WLR Daily, 29th June 2015
Source: www.iclr.co.uk
Alsaifi v Secretary of State for Education [2016] EWHC 1519 (Admin) – WLR Daily
Alsaifi v Secretary of State for Education [2016] EWHC 1519 (Admin)
‘In August 2013 the appellant was engaged on an hourly paid fixed term contract as a lecturer by a further education establishment. In November 2013 he was suspended from work, pending the outcome of an internal investigation, following a complaint of alleged inappropriate behaviour by the appellant towards a part-time 17-year-old learner in his class. The appellant resigned before the conclusion of the internal disciplinary hearing. In May 2015 allegations of unacceptable professional conduct in relation to the complaint were formally referred to the National College for Teaching and Leadership (“NCTL”) on behalf of the Secretary of State for Education. At that time there was no evidence that the appellant was teaching or engaged to teach anywhere. In February 2016 a professional conduct panel of the NCTL found the appellant guilty of unacceptable professional conduct and recommended that the Secretary of State impose an indefinite prohibition order. The NCTL later became aware that the appellant had worked as a school teacher from January to March 2016, ceasing a few days before he received the prohibition order. ‘
WLR Daily, 29th June 2016
Source: www.iclr.co.uk
‘Digital influencers’ must disclose paid-for content, says new guidance – OUT-LAW.com
‘Online publishers, bloggers, tweeters and other “digital influencers” must “clearly and prominently” label content they are paid to produce as paid-for promotions, new guidance developed by a body of regulators from around the world has said.’
OUT-LAW.com, 1st July 2016
Source: www.out-law.com
Libor-rigging scandal: three former Barclays traders found guilty – The Guardian
‘Three former Barclays traders have been found guilty of conspiring to fraudulently manipulate global benchmark interest rates in a success for the UK’s Serious Fraud Office.’
The Guardian, 4th July 2016
Source: www.guardian.co.uk
Plane passenger jailed for shouting ‘Allahu Akbar’ and ‘boom’ on Birmingham-bound flight – Daily Telegraph
‘A passenger who sparked terror panic and left holidaymakers in tears after shouting “Allahu Akbar” and “boom” on a Birmingham-bound flight has been jailed.’
Daily Telegraph, 4th July 2016
Source: www.telegraph.co.uk
Government pushes ahead with controversial Land Registry amid Brexit chaos – The Independent
‘The Land Registry cost almost £261m to run last year – but also generated £297m of revenue.’
The Independent, 2nd July 2016
Source: www.independent.co.uk
Convicted Somalian rapist had deportation order overturned before attacking two more women as he “did not understand what is acceptable in UK” – Daily Telegraph
‘A convicted Somalian rapist who overturned a deportation order went on to rape two more women in Birmingham, with his lawyer arguing “he had a lack of understanding of what is acceptable in the UK”.’
Daily Telegraph, 3rd July 2016
Source: www.telegraph.co.uk
Prosecutions for people-smuggling into UK rise by 50% – The Guardian
‘The number of people prosecuted for smuggling illegal immigrants into Britain in their vehicles has risen by more than 50% in a year, according to new figures. ‘
The Guardian, 4th July 2016
Source: www.guardian.co.uk
Brexit legal challenge launched as businesses move to block EU exit without Act of Parliament – The Independent
‘A group of businesses has launched a legal challenge to prevent the Government from launching Brexit without a formal Act of Parliament.’
The Independent, 4th July 2016
Source: www.independent.co.uk
