Case Summaries Up To August 2005
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By Law Brief Publishing on 29/07/2005 00:00
The progress of a child or young person sentenced to detention during her Majesty’s pleasure before 30/11/00 should remain subject to continuing review for reconsideration of the minimum term imposed if reasonable to require it because of clear evidence of exceptional and unforeseen progress.
By Law Brief Publishing on 28/07/2005 00:00
When reviewing the minimum term which a child or young person sentenced before 30/11/00 for murder to detention at her Majesty’s pleasure, he is not obligated to hold an oral hearing.
By Law Brief Publishing on 28/07/2005 00:00
Where a D was liable to be cross examined on his previous convictions if he gave evidence, it was appropriate for a judge to direct the jury that they could draw an adverse inference against him if he failed to give evidence (case decided under provisions of CEA 1898).
By Law Brief Publishing on 21/07/2005 00:00
Procedural failures in adjourning confiscation proceedings did not invalidate the confiscation orders.
By Law Brief Publishing on 07/07/2005 00:00
The Parole Board was theoretically entitled to withhold information relating to a prisoner’s parole review from the prisoner and his legal representatives and to disclose it instead to a special advocate appointed to represent him at a private hearing from which the prisoner and his representatives were excluded.
By Law Brief Publishing on 21/04/2005 00:00
There was no duty of care to be owed by the police to a victim or witness in relation to their activities in the investigation of a suspected crime.
By Law Brief Publishing on 21/04/2005 00:00
When D’s confession was admitted under s.76(2) PACE 1984, the judge had to direct the jury that if they concluded that the confession was obtained by oppression or other improper methods they must ignore it.
By Law Brief Publishing on 21/04/2005 00:00
There was no duty of care to be owed by the police to a victim or witness in relation to their activities in the investigation of a suspected crime.
By Law Brief Publishing on 21/04/2005 00:00
When D’s confession was admitted under s.76(2) PACE 1984, the judge had to direct the jury that if they concluded that the confession was obtained by oppression or other improper methods they must ignore it.
By Law Brief Publishing on 21/03/2005 00:00
A defence of duress was not available where as a result of the defendant voluntarily joining a criminal gang he had foreseen or ought reasonably to have foreseen a risk that he would be forced to act through threats of violence. A statement intended to exonerate the maker and which at face value so appears, but which later becomes damaging to the maker at trial, cannot be a confession under s.76 PACE 1984.
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