Archive for February 6th, 2008

Amended Police And Criminal Evidence Act 1984 (Pace) Codes Of Practice (A-E) – Home Office Circular

“The changes primarily reflect recent legislative changes or make minor typographical corrections but includes clarification on the definition of an offensive weapon; provision of the caution in the Welsh language; expansion of CDS Direct to cover publicly funded ‘own client’ cases where appropriate; changes introduced by the Drugs Act 2005 on assessment and trigger offences; and the provision in Code E to enable a pilot study in Lancashire Constabulary to carry out secure digital recording of interviews with suspects.”

Circular 002 / 2008

Home Office, 28th January 2008

Source: www.homoffice.gov.uk

Statutory Instruments – OPSI

The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) (Revocation and Amendment) Order 2008

The Electricity and Gas (Carbon Emissions Reduction) Order 2008

Source: www.opsi.gov.uk

Wragg and others v Surrey County Council – WLR Daily

Wragg and others v Surrey County Council [2008] EWCA Civ 19; [2008] WLR (D) 29

“Whether an employee occupied a dwelling-house provided by the employer ‘for the better performance of his duties’ within the meaning of para 2(1) of Sch 1 to the Housing Act 1985, so as not to be entitled to purchase the freehold of the house, was to established by applying an objective test.”

WLR Daily, 5th February 2008

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 (Walker) v Secretary of State for Justice – WLR Daily

R (Walker) v Secretary of State for Justice; R (James) v Same [2008] EWCA Civ 30; [2008] WLR (D) 28

“The Secretary of State for Justice acted unlawfully in failing to provide courses which would allow prisoners serving indeterminate sentences for public protection to demonstrate to the Parole Board by the expiry of their minimum terms that it was no longer necessary for the protection of the public for them to be confined.”

WLR Daily, 5th February 2008

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.

In re Trinity Mirror plc and others – WLR Daily

In re Trinity Mirror plc and others [2008] EWCA Crim 50; [2008] WLR (D) 27

“There was no jurisdiction under s 45(4)of the Supreme Court Act 1981 to grant an injunction to restrain the publication of the name of a defendant or the nature of his convictions on the basis that such identification would harm the defendant’s children, who were neither witnesses in the proceedings nor victims of his offences, since such an order was not incidental to the defendant’s trial, conviction and sentence.”

WLR Daily, 5th February 2008

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 (Brooke and another) v Parole Board and another – WLR Daily

R (Brooke and another) v Parole Board and another; R (O’Connell) v Parole Board and another; R (Murphy) v Parole Board and another [2008] EWCA Civ 29; [2008] WLR (D) 26

“The Parole Board did not have the independence from the executive that was required for its judicial role in determining whether convicted prisoners should be released on licence.”

WLR Daily, 5th February 2008

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.

House of Lords Judgments: What’s new?

Pilecki (Appellant) v Circuit Court of Legnica, Poland (Respondents) (Criminal Appeal from Her Majesty’s High Court of Justice) [2008] UKHL 7 (6 February 2008)

R v Clarke (Appellant) (On Appeal from the Court of Appeal (Criminal Division))R v McDaid (Appellant) (On Appeal from the Court of Appeal (Criminal Division))(Consolidated Appeals) [2008] UKHL 8 (6 February 2008)

In re Maye (AP) (Appellant) (Northern Ireland) [2008] UKHL 9 (6 February 2008)

Majorstake Limited (Respondents) v Curtis (Appellant) [2008] UKHL 10 (6 February 2008)

Source: www.parliament.uk


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