Archive for the 'penalties' Category

Fears of rise in summary justice in spending cuts – Daily Telegraph

“Offenders will increasingly escape prosecution and be handed cautions, fines and other out-of-court penalties when the spending cuts bite, a former probation watchdog has warned.”

Full story

Daily Telegraph, 31st January 2011

Source: www.telegraph.co.uk

Out of court disposals warning – Law Society’s Gazette

“Too many cases are being dealt with by out of court disposals where the police are acting as prosecutor and judge, a Court of Appeal judge said last week.”

Full story

Law Society’s Gazette, 9th December 2010

Source: www.lawgazette.co.uk

Canon law has allowed abuse priests to escape punishment, says lawyer – The Guardian

“The system of law operated by the Vatican has allowed serious sex offenders to escape punishment and must be abandoned, says a prominent lawyer.”

Full story

The Guardian, 7th September 2010

Source: www.guardian.co.uk

Compass sues NHS trust for £2.3m in row over out-of-date ketchup – Daily Telegraph

“Compass has filed a £2.3m lawsuit against an NHS trust amid claims the catering group faced ‘grossly exaggerated’ penalties for minor contract failures including holding a fire door open with a spoon and supplying out-of-date tomato ketchup.”

Full story

Daily Telegraph, 2nd September 2010

Source: www.telegraph.co.uk

Law Commission calls for greater use of civil penalties – Law Society’s Gazette

“The Law Commission has proposed a cut in the number of criminal offences for regulatory breaches.”

Full story

Law Society’s Gazette, 2nd September 2010

Source: www.lawgazette.co.uk

Call to cut number of minor offences – BBC News

“Criminal laws dealing with many petty offences should be scrapped, according to the body responsible for reviewing the law in England and Wales.”

Full story

BBC News, 25th August 2010

Source: www.bbc.co.uk

Regina v Hamer – WLR Daily

Regina v Hamer [2010] WLR (D) 235

“A fixed penalty notice which had been issued to a defendant pursuant to s 2 of the Criminal Justice and Police Act 2001 was not a conviction, admission of guilt, proof that a crime had been committed, or a stain on the defendant’s character, and therefore could not be regarded as evidence which impugned the character of the defendant or admitted as such.”

WLR Daily, 20th August 2010

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.

Stockler v Revenue and Customs Comrs – WLR Daily

Stockler v Revenue and Customs Comrs; [2010] EWCA Civ 893; [ 2010] WLR (D) 222

“The revenue was entitled to charge the taxpayer a penalty under s 95 of the Taxes Management Act 1970, even after the parties had compromised and settled their tax claim disputes, so long as the penalty did not exceed the difference between the amount payable on the accurate returns and the amount that would have been payable on a negligent or fraudulent return, within the confines of s 95(2) of the 1970 Act.”

WLR Daily, 3rd August 2010

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.

Call for drug users to face civil penalties – The Independent

“Drug users should face civil sanctions such as fines or the loss of their driving licence instead of criminal penalties, a former government drugs adviser said today.”

Full story

The Independent, 27th July 2010

Source: www.independent.co.uk

Stamford restaurant faces £50,000 fine – UK Border Agency

“Five illegal workers have been caught in Stamford by our officers.”

Full press release

UK Border Agency, 21st June 2010

Source: www.ukba.homeoffice.gov.uk

Man wins parking ticket battle over bee attack – Daily Telegraph

“A motorist who received a parking ticket after pulling into a bus lane to swat away a bee has been let off the fine.”

Full story

Daily Telegraph, 12th March 2010

Source: www.telegraph.co.uk

Lords angered over three strikes rule for filesharers – The Guardian

“The government’s plans to disconnect file sharers from the internet have come in for heavy criticism in parliament, amid claims that ministers are attempting to rush legislation through without proper oversight.”

Full story

The Guardian, 2nd March 2010

Source: www.guardian.co.uk

Government to consult on punishments for breaking online air fare rules – OUT-LAW.com

“The Government will consult within weeks on new penalties for airlines that employ hidden charges to mislead consumers. The action will close a loophole by which airlines can avoid penalties for breaking the law.”

Full story

OUT-LAW.com, 11th January 2010

Source: www.out-law.com

Half a million pound fines for serious breaches of data protection – Ministry of Justice

“The Information Commissioner will soon be able to impose a penalty of up to £500,000 on data controllers who seriously contravene data protection principles.”

Full story

Ministry of Justice, 12th January 2010

Source: www.justice.gov.uk

TalkTalk threatens legal action over Mandelson’s filesharing plan – The Guardian

“TalkTalk, the second largest internet service provider in the UK, has threatened to launch legal action if business secretary Peter Mandelson follows through with his plan to cut off persistent illegal filesharers’ internet connections.”

Full story

The Guardian, 29th October 2009

Source: www.guardian.co.uk

Lord Mandelson sets date for blocking filesharers’ internet connections – The Guardian

“Lord Mandelson, the business secretary, warned internet users today that the days of ‘consequence-free’ illegal filesharing are over as he unveiled the government’s plan for cracking down on online piracy.”

Full story

The Guardian, 28th October 2009

Source: www.guardian.co.uk

Culture minister confirms court oversight for UK disconnections – OUT-LAW.com

“UK internet users will not be disconnected from the internet for illegal file sharing without a court’s involvement, a Government minister has pledged. Culture minister Ben Bradshaw has told MPs that there would be a ‘strict’ process involving the courts.”

Full story

OUT-LAW.com, 27th October 2009

Source: www.out-law.com

Government outlines increased penalties for data misuse – OUT-LAW.com

“The Government has outlined its plans to jail people convicted of trading illegally in personal data or knowingly or recklessly disclosing it. Under the plans the jail terms would be introduced next April.”

Full story

OUT-LAW.com, 19th October 2009

Source: www.out-law.com

Jack Straw signals rowing back on out of court fines – Daily Telegraph

“A planned extension of on the spot fines has been scrapped in a Government about turn amid concerns that criminals are escaping with financial penalties instead of being dealth with by the courts.”

Full story

Daily Telegraph, 5th October 2009

Source: www.telegraph.co.uk

Interest rate of 15% was not a punishment, rules Court of Appeal – OUT-LAW.com

“An interest rate of 15% agreed in a contract between two companies was not a penalty and was justified, the Court of Appeal has said. The interest, which had been ruled unlawful, can be charged, said the Court.”

Full story

OUT-Law.com, 30th July 2009

Source: www.out-law.com

Penalty notice for disorder scheme – guidance on retail theft and criminal damage – Ministry of Justice

“Justice Secretary Jack Straw has made a statement announcing revised operational guidance for police on the issuing of penalty notices for disorder for retail crime and criminal damage.”

Full press release

Ministry of Justice, 16th July 2009

Source: www.justice.gov.uk

R v Gore; R v Maher – WLR daily

R v Gore; R v Maher [2009] EWCA Crim 1424; [2009] WLR (D) 240

“The issue of a fixed penalty notice asserting one offence did not relieve the recipient of any possible further proceedings if and when it became apparent that a more serious offence had in fact been committed in the course of the same incident.”

WLR Daily, 15th July 2009

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.

On-the-spot points for careless driving – The Times

“Thousands more motorists will lose their licences under plans to give police the power to issue penalty points for careless driving without evidence being heard in court.”

Full story

The Times, 20th February 2009

Source: www.timesonline.co.uk

‘Summary justice’ soars as courts bypassed – The Times

“Out-of-court punishments accounted for more than half of all offences dealt with by the criminal justice system last year, according to figures published today.”

Full story

The Times, 27th November 2008

Source: www.timesonline.co.uk

Warning over fixed penalty notices for violent crimes – The Times

“Magistrates gave warning yesterday that the criminal justice system is being ‘undermined’ because thousands of serious offences are being processed by police using fixed penalty notices away from public scrutiny.”

Full story

The Times, 17th November 2008

Source: www.timesonline.co.uk

Crackdown on those who don’t use seatbelts

“The Home Office has launched a consultation into increasing the fixed penalty for those who fail to wear a seatbelt.”

Full story

Home Office, 15th September 2008

Source: www.homeoffice.gov.uk

Home Office: New powers proposed for security staff – The Guardian

“Powers for council wardens and private security staff to issue fixed-penalty notices and on-the-spot fines for disorderly behaviour are being considered by the police and Home Office ministers. Chief constables are also looking at using security staff to tackle community problems in places where police involvement might be seen as excessive.”

Full story

The Guardian, 27th August 2008

Source: www.guardian.co.uk

Offenders ‘unpunished’ by courts – BBC News

“Defence solicitors in England and Wales have warned serious offenders are getting off lightly because police are chasing performance targets.”

Full story

BBC News, 31st July 2008

Source: www.bbc.co.uk

Banks told to stop stalling and pay up after verdict on charges – The Times

“Banks have been accused of trying to block compensation claims from customers, after they refused to accept the findings of a High Court test case on penalty charges.”

Full story

The Times, 25th April 2008

Source: www.timesonline.co.uk

M. and J. Polymers Ltd v Imerys Minerals Ltd – Times Law Reports

M. and J. Polymers Ltd v Imerys Minerals Ltd

Queen’s Bench Division

“A take-or-pay clause in a supply contract could, as a matter of principle, amount to a penalty.”

The Times, 2nd April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Government consults on reform of Penalty Notice for Disorder (PND) scheme – Ministry of Justice

“This is a consultation on the proposal to allow police forces to design the format of their fixed penalty notices and remove obstacles presented by the issue of electronic tickets.”

Announcement

Ministry of Justice, 29th August 2007

Source: www.justice.gov.uk


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