A Practitioners Guide To Ancillary Orders In Criminal Courts
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| Author | : Elaine Freer |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 655 |
| Release | : 2019-05-23 |
| Genre | : Law |
| ISBN | : 1526508737 |
"This book provides a clear analysis of those possibilities [created by the myriad of ancillary orders] and is to be welcomed: it will help judges and practitioners navigate the complex landscape that the law has created. [It] sets out the criteria and law surrounding orders and explains them clearly and in detail: it addresses an often overlooked area of the law but one that it is essential we understand and apply correctly." Sir Brian Leveson, President of the Queen's Bench Division, Head of Criminal Justice – in his Foreword to the book Ancillary orders often involve nuanced application of detailed law. Combined with the huge variety of situations to which they apply and ways in which they operate, the scope for error when working with them is high. This is the only guide to the law, application and analysis relating to Ancillary Orders, available to criminal courts, helping you to mitigate risk for your clients. A Practitioner's Guide to Ancillary Orders in Criminal Courts covers orders available on acquittal, such as Restraining Orders and Defence Costs Orders, as well as those only available on conviction, such as Compensation Orders and Directors' Disqualification Orders, with each Order set out in a self-contained chapter. As such, the law and precedent applying to that particular type of Order is simple to access. Legislation and case law covered includes: Powers of Criminal Courts (Sentencing) Act 2000 Prosecution of Offences Act 1985 Protection from Harassment Act 1997 Sexual Offences Act 2003 Serious Crime Act 2007 Anti-social Behaviour, Crime and Policing Act 2014 Misuse of Drugs Act 1971 Firearms Act 1968 Company Directors' Disqualification Act 1986 Costs: Lord Howard of Lympne v DPP SHPOs: Cheyne, Connor SCPOs: Hancox and Duffy Driving disqualification: Needham Directors' disqualification: Cadman In addition to providing guidance on and analysis of those Orders, this book also sets out the consequences of breaches. It will help you ensure that clients do not have an unwarranted or overly-onerous order imposed upon them. An easy reference guide for advocates and courts alike.
| Author | : David|Laird Ormerod (Karl|Gibson, Matthew) |
| Publisher | : Oxford University Press |
| Total Pages | : 1264 |
| Release | : 2024 |
| Genre | : |
| ISBN | : 0198898606 |
| Author | : Susan Holdham |
| Publisher | : Sweet & Maxwell |
| Total Pages | : 652 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0414044800 |
Presents commentary on, and analysis of, the European Union and its substantive law. This book covers the constitutional structure of the EU, examining the functioning of the institutions, the jurisdiction of the European Court of Justice, and the nature of the European legal order. It serves as a reference work for legal practitioners.
| Author | : Andrew Ashworth |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 537 |
| Release | : 2021-07-15 |
| Genre | : Law |
| ISBN | : 1509936297 |
This revised and updated new edition focuses on major developments in sentencing law, practice and theory. Sentencing in England and Wales is now dominated by Sentencing Council guidelines, and scrutiny of those guidelines is central to this book. Issues of principle are identified and discussed, to include the constitutional position of the Sentencing Council; the meaning of, and challenges to, proportionality; and the sentencing of BAME offenders and women offenders. The book welcomes the new Sentencing Code, introduced as the Sentencing Act 2020, and critically examines the government's plans for sentencing reform, set out in the 2020 White Paper A Smarter Approach to Sentencing. Throughout the book, sentencing is explored in its wider criminal justice context – making it essential reading for courses on sentencing, criminal justice and criminal law.
| Author | : Pakeeza Rahman |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 615 |
| Release | : 2017-06-30 |
| Genre | : Law |
| ISBN | : 1784516961 |
The Youth Court Guide is the definitive legal handbook for practitioners involved in the youth court. It provides an in-depth knowledge of the youth court system, as well as the fundamental principles and day-to-day practice that pertain to it, with direction on every stage of youth justice. This new edition brings the work fully up to date ensuring it remains a first port of call text providing guidance on practice and procedure with ease and clarity. It takes account of developments that have impacted on practice and procedure since the fifth edition and revisions include updates to sections covering: Cautions, restorative justice; Separation from adult courts; Youth gang injunctions; Youth behaviour order changes; DVPOs (domestic violence protection notices); Criminal procedure rule changes and development of case management practice - new form, disclosure review, special measures, ground rules; Remands; Sentencing council allocation guidelines where youth charged with adult; Breach of YROs (youth rehabilitation orders); Fines, victim surcharge criminal courts charge; Committal for sentence; Referral orders; More in depth guidance on sex notification requirements (sex assault on other youth); Re organisation of youth offending services also mental health services; Case update including sentencing cases. Chapters follow the sequence of criminal proceedings from the use of diversions, cautions and arrests through to trial, sentences and appeals. Personal insight is provided through explanations from the 'hands on' experience of both authors. The work contains central sections on venue, remand and sentencing for daily reference and focuses on practical solutions rather than academic debate. It also includes a separate chapter looking at difficult areas and legal issues and contains simple flow diagrams to help understand and follow remand powers and venue provisions. A quick guide to sentencing orders is also included.
| Author | : Graeme Brown |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 323 |
| Release | : 2020-05-14 |
| Genre | : Law |
| ISBN | : 1509917594 |
This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offence, and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to film or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. By building on recent scholarship on judicial decision making in sentencing and case law – comprising over 250 decisions of the relevant appellate courts – the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences. This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.
| Author | : Nigel Richardson |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 653 |
| Release | : 2015-07-30 |
| Genre | : Law |
| ISBN | : 1780436653 |
Richardson and Clark: Sexual Offences A Practitioner's Guide is an authoritative, practical handbook on the law relating to sexual offences. Covering the 70+ sexual offences currently on the statute books, each is dealt with individually by addressing the elements the prosecution must prove, potential defences, likely issues, jurisdiction and sentence. Charts and flow diagrams allow quick access to information during crucial time-sensitive situations, such as the post-arrest questioning of the accused, preparatory hearings and the trial itself. Case preparation checklists and draft indictments as well as guidance on Sexual Offences Prevention Orders, sex offender notification, representing defendants charged with indecent or extreme image offences and key evidential issues arising in sex cases are all covered. Richardson and Clark: Sexual Offences A Practitioner's Guide is aimed at the busy criminal practitioner and provides easily accessible reference material and practical advice.
| Author | : Judith Seddon |
| Publisher | : Law Business Research Ltd. |
| Total Pages | : 987 |
| Release | : 2018-01-19 |
| Genre | : |
| ISBN | : 1912377837 |
There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : Elaine A. O. Freer |
| Publisher | : Routledge |
| Total Pages | : 119 |
| Release | : 2021-06-21 |
| Genre | : Law |
| ISBN | : 1000432270 |
This book examines the process and purpose of sentencing in the criminal justice system, beyond the confines of its legalistic aspects. Sentencing is the process that concludes any criminal trial that ends with the defendant being convicted, and any hearing in which a defendant pleads guilty. Those convicted of crime have been subject to sentencing as the method of imposing a punishment for their offences since the earliest existence of anything we would recognise as a criminal justice system. Yet the rationale behind sentencing, and the process by which it happens, has long been viewed through a traditional lens. In contrast, this book considers not just the process by which a Judge arrives at a numerical sentence of months in custody or the amount of a fine, but the wider meanings and effects of sentencing, as seen through the lens of various ideas of social justice. The book will appeal to students, academics, and legal practitioners who wish to consider a different perspective on the well-known and well-researched, but often shifting, area of sentencing.
