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As the UK prepares to move into the ‘delay phase’, changes are expected to criminal justice procedure. So, what might be expected to change? Criminal Investigations In the event of any public disorder, work on low priority criminal investigations may slow or stall entirely as police resources are diverted elsewhere. Most police custody suites hold...
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The Forensic Science Regulator regulates forensic scientists in England and Wales. The Regulator ensures that the provision of forensic science evidence across the criminal justice system is subject to appropriate standards. The Regulator has recently said that there are gaps in quality that need to be resolved in order to prevent the use of unreliable...
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We often get asked how prosecutions can proceed in the absence of cooperation from the victim or chief witness. The starting point is that no prosecution can go ahead unless there is a realistic prospect of conviction, but how the prosecution case is formulated remains a matter for the Crown Prosecution to decide. These are...
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Under current legislation should someone pass away without making a Will then they are known to have died intestate. This means their assets will be distributed as per the Intestacy Rules. Currently, the rules state that the spouse of the deceased shall inherit the first £250,000 and for the remainder of the estate to be...
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Some of the family team at Hewitts Solicitors attended the annual Family Justice Board event on the 30th January 2020. This was a fabulous event organised by Dere Street Chambers. The President of the Family Division Sir Andrew McFarlane gave a wonderful speech about family work in our area, how we work in a professional,...
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The Sentencing Council is responsible for issuing guidelines on sentencing for the courts to follow. Guidelines must be followed unless it is in the interests of justice not to do so. New guidelines are now being proposed in respect of disqualifications from driving. What is being proposed?  The guidance mainly relates to cases dealt with...
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For the past few years, the Government has shown substantial commitment towards reforming the residential leasehold sector to tackle ‘corrupt’ and ‘unjustified’ practices. Due to forward thinking government plans, could 2020 finally be the year we see a fairer system for Leaseholders? Over several years, it appears that some parts of the residential leasehold system...
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A Special Guardianship Order is an order appointing one or more individuals to be a child’s special guardian. It is a private law order and is intended for children who cannot live with their birth parents. Whilst this is a private law order, it is regularly used in care proceedings when a child is placed...
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To successfully pursue a claim for personal injury you must prove that there has been a breach of duty which has caused actionable personal damage.   Broken down, you must prove the following; Negligence (breach of duty) The Claimant must prove that the Defendant’s act or omission resulted in a breach of duty i.e. did the...
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Every private company in England and Wales must keep a register of ‘people with significant control’ (PSC) and ensure it is up to date. Despite this being a legal requirement for companies and LLPs, over 40% of companies do not check their PSC register to ensure it is still correct after the company is set...
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