We regularly review cases and comment on those we find may be of interest. Below you will find our latest case updates.
A European Arrest Warrant (EAW) with “merged” offences will be valid if the substantive offences for which sentence must be served are particularised.
A defendant in extradition proceedings is not entitled to a witness summons compelling the production of material in respect of a parallel domestic criminal investigation
The Judicial Committee of the Privy Council wrongly interpreted the common law when they developed the principle of “parasitic accessory liability”. Foresight should not be equated with intent. Foresight is simply evidence (albeit sometimes strong evidence) of intent to assist or encourage the principle to commit the crime, with the required mens rea for that crime, which is the proper mental element for establishing secondary liability.
In this case the defendant sold a house to her daughter for £20,000 below value - the balance being a 'gift'. When the property was later repossessed a £44,000 debt remained. However, the court refused to grant an appeal that the order was disproportionate despite the gift being no longer available.
Prior to the coming into force of the Anti-Terrorism, Crime and Security Act 2001, section 1 of the Prevention of Corruption Act 1906 included within it an offence of corrupting an agent of a foreign principal or a foreign body.
The case deals with the correct interpretation of. s76 (5A) of the Criminal Justice and Immigration Act 2008. The provision was also declared compatible with article 2 of the ECHR.
Properly executed searches for knives and other offensive weapons under designated section 60 powers (which do not require reasonable suspicion) are lawful and compatible with article 8
The motives of individuals when preparing terrorist activities do not provide mitigation, but the circumstances of each case must be considered.
For indictable-only offences of a cross-border nature (including Scotland), the Attorney-General’s consent must be obtained prior to sending the case to the Crown Court.
A case that further clarifies when a court should, and should not, make confiscation orders in combination with compensation orders.
Once the decision to impose a discretionary life sentence has been made the minimum tariff should be set according to the sentencing regime at the time of sentence, and not when the offence was committed. This can be distinguished from mandatory life sentences for murder.
The Court refused to extend the common law principle that an offender's sentence can be reduced, to reflect assistance given to the authorities, to include assistance provided after sentence.
The sentencing judge is entitled to take into account racially motivated threats, as a factor which can increase the seriousness of a conviction for unlawful wounding, even if the offender has not been convicted of racially aggravated unlawful wounding
A case confirming the power of the Court of Appeal Criminal Division to re-open an appeal in order to correct an error
Failure to obtain the Attorney General’s consent
Where accessories to prohibited weapons have a 'mixed use,' in that they can be used with prohibited or non-prohibited weapons, then whether or not they are intended to be used with a prohibited weapon in the individual case will be central to liability. This is a jury question with an evidential burden on the defence.
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