News
New Intimidatory Offences Definitive Guideline
The Sentencing Council has published a definitive guideline on intimidatory offences, which will come into effect on 1 October 2018.
The guideline can be found here.
It covers:
- Harassment
- Stalking
- Disclosing private sexual images
- Controlling or coercive behaviour in an intimate or family relationship
- Threats to kill
Robbery Definitive Guideline Corrected
We have issued an update to the dwelling robbery definitive guideline to correct an error.
The only change is the text above the sentence table has changed from ‘in excess of 13 years’ to ‘in excess of 16 years’ on page 17 of the guideline. This is to correct an error identified in R v Mayers and others [2018] EWCA Crim 1552.
The updated guideline can be found here.
New City of London Super-Court
A new flagship court specifically designed to tackle cybercrime, fraud, and economic crime will reinforce the UK’s reputation as a world-leading legal centre. Developed in partnership with the City of London Corporation and the judiciary, the cutting edge, purpose-built court, which will also deal with business and property work as well as civil cases, will hold 18 modern courtrooms
The new court building will replace the City of London Magistrates’ Court.
Cases
Najib And Sons Ltd v CPS [2018] EWCA Crim 1554
The present case is one in which the prosecution failed as a matter of law. Moreover, it failed because the offence with which the appellant was charged did not exist. In these circumstances the question whether costs have been incurred as a result of an unnecessary or improper act or omission by the prosecutor is one which naturally arises.
Taking these matters into account and adopting a broad view for the purpose of a summary assessment, the amount of costs that the respondent will be ordered to pay is £10,000.
Obscurity
'Is it OK to sunbathe naked in your own back garden? Police warn sun-worshippers to tell their neighbours first'
In the midst of the heatwave where temperatures are predicted to hit 33C (91F) this week, Surrey police have clarified the law on whether people can sunbathe naked in their own back yards.
They advised women sunbathing topless in their gardens to let their neighbours know they plan to do so first in a bizarre social media post.
Surrey Police wrote in a Facebook post: “If you want to wander around your garden naked and you are overlooked by neighbours then you have to be careful - an Englishman's home is not quite his castle and your garden is not exempt from the law.