“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.”
Daily Telegraph, 31st January 2011
Source: www.telegraph.co.uk
from the Inner Temple Library
“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.”
Daily Telegraph, 31st January 2011
Source: www.telegraph.co.uk
“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.”
Law Society’s Gazette, 9th December 2010
Source: www.lawgazette.co.uk
“The system of law operated by the Vatican has allowed serious sex offenders to escape punishment and must be abandoned, says a prominent lawyer.”
The Guardian, 7th September 2010
Source: www.guardian.co.uk
“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exaggerated’ penalties for minor contract failures including holding a fire door open with a spoon and supplying out-of-date tomato ketchup.”
Daily Telegraph, 2nd September 2010
Source: www.telegraph.co.uk
“The Law Commission has proposed a cut in the number of criminal offences for regulatory breaches.”
Law Society’s Gazette, 2nd September 2010
Source: www.lawgazette.co.uk
“Criminal laws dealing with many petty offences should be scrapped, according to the body responsible for reviewing the law in England and Wales.”
BBC News, 25th August 2010
Source: www.bbc.co.uk
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; [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.
“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.”
The Independent, 27th July 2010
Source: www.independent.co.uk
“Five illegal workers have been caught in Stamford by our officers.”
UK Border Agency, 21st June 2010
Source: www.ukba.homeoffice.gov.uk
“A motorist who received a parking ticket after pulling into a bus lane to swat away a bee has been let off the fine.”
Daily Telegraph, 12th March 2010
Source: www.telegraph.co.uk
“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.”
The Guardian, 2nd March 2010
Source: www.guardian.co.uk
“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.”
OUT-LAW.com, 11th January 2010
Source: www.out-law.com
“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.”
Ministry of Justice, 12th January 2010
Source: www.justice.gov.uk
“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.”
The Guardian, 29th October 2009
Source: www.guardian.co.uk
“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.”
The Guardian, 28th October 2009
Source: www.guardian.co.uk
“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.”
OUT-LAW.com, 27th October 2009
Source: www.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.”
OUT-LAW.com, 19th October 2009
Source: www.out-law.com
“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.”
Daily Telegraph, 5th October 2009
Source: www.telegraph.co.uk
“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.”
OUT-Law.com, 30th July 2009
Source: www.out-law.com
“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.”
Ministry of Justice, 16th July 2009
Source: www.justice.gov.uk
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.
“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.”
The Times, 20th February 2009
Source: www.timesonline.co.uk
“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.”
The Times, 27th November 2008
Source: www.timesonline.co.uk
“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.”
The Times, 17th November 2008
Source: www.timesonline.co.uk
“The Home Office has launched a consultation into increasing the fixed penalty for those who fail to wear a seatbelt.”
Home Office, 15th September 2008
Source: www.homeoffice.gov.uk
“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.”
The Guardian, 27th August 2008
Source: www.guardian.co.uk
“Defence solicitors in England and Wales have warned serious offenders are getting off lightly because police are chasing performance targets.”
BBC News, 31st July 2008
Source: www.bbc.co.uk
“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.”
The Times, 25th April 2008
Source: www.timesonline.co.uk
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.
“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.”
Ministry of Justice, 29th August 2007
Source: www.justice.gov.uk