Sentencing

first_img The appellant (H), appealed against his sentence of imprisonment for public protection that had been imposed on him for counts of making indecent photographs of children. H had been previously sentenced, on two separate occasions, for offences of making and possessing indecent photographs of children. The offences committed during the second occasion had taken place soon after he had been released on licence in respect of the first sentence. In the present case, H pleaded guilty to offences of making and possessing indecent photographs of children, which were committed after he was released from his second sentence of imprisonment. The pre-sentence report gave details of the offences committed during the second occasion and suggested that H had in the past become involved in actual contact with children. In particular, the report pointed out that H had advertised a fake photography business on the internet, had lured unsuspecting teenage girls to pose for him in skimpy outfits under the pretence of creating a modelling portfolio and had doctored the images to depict semen smeared on the faces of the girls concerned. The sentencing judge held that the higher level of serious harm specified in the Criminal Justice Act 2003 was present in H’s case. The question for the present court was whether the sentence of imprisonment for public protection could stand in light of a subsequent decision in R v Terrell (Alexander James) [2007] EWCA Crim 3079, (2008) 2 All ER 1065. Held: (1) The court in Terrell made it quite plain that serious harm of the level required to justify imprisonment for public protection could be made out where an offender risked progressing to physical contact offences, or becoming a photographer, or a commissioner of indecent images, or playing a more significant role in a distribution network, Terrell followed. Also, it was not enough that there was a possibility of future offending that might occasion serious harm. The risk of such harm being occasioned by future offending had to be significant. That required some evidential basis from which it could be assessed that either serious harm caused in the past would be repeated, or that the offender would move on to more serious offences that gave rise to a significant risk of serious harm, R v Lang (Stephen Howard) [2005] EWCA Crim 2864, [2006] 1 WLR 2509 followed. (2) In the present case, it could not be said that in the past H had in fact committed contact offences as opposed to offences of possession or making images. None of the images arising from the photographic sessions were indecent and the doctored images had not been circulated on the internet for use by others. Disgust caused by the images was not the same as serious psychological injury. Furthermore, there had been no charge of sexual grooming or assault brought against H, and his conduct had not worsened in the short time that he had been at liberty since the second group of offences. The nature of the images that he had collected since his release was overwhelmingly at level one and there were no level five images. Moreover, there was no evidence of attempted contact with children or of circulation of images to other offenders interested in such images. In the circumstances, a sentence of imprisonment for public protection for H’s offences could not be upheld as there was insufficient information from which an assessment of significant risk of future harm by the future commission of specified offences could be sustained. (3) However, the risk of future offending was a substantial one. The potential danger that H presented to young people in general was a real one and certainly the test under section 104 of the Sexual Offences Act 2003 was satisfied. Therefore, a sexual offences prevention order with specified terms was imposed on H. Appeal allowed. R v Robert Lwellyn Hicks: CA (Crim Div) (Lord Justice Thomas, Mr Justice Blake, Mr Justice Burnett): 21 April 2009 J Josephs (instructed by Millerchip Murray) for the appellant; S Rippon (instructed by the CPS) for the ­respondent.center_img Imprisonment for public protection – Indecent photographs of children – Risk of re-offending last_img read more

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Criminal procedure

first_img Crown Prosecution Service v Susan Jane Campbell: Michael Joseph McInerney v Financial Services Authority: Medicines & Healthcare Products Regulatory Agency v Graeme Trevor Carlton: CA (Crim Div) (Lord Justice Hooper, Mr Justice Clarke, Judge Roberts QC): 22 May 2009 Jonathan Kirk for the CPS; Dean George for Campbell; Mohammed Khamisa QC, Neil Hawes (instructed by Irwin Mitchell) for McInerney; Simon Gerrish for the FSA; Kennedy Talbot for the MHRA; Nigel Soppitt for Carlton. The appellant (M) appealed against a decision not to vary a restraint order to allow him to pay a contribution to the Legal Services Commission out of his allowance for ordinary living expenses. M was the subject of a restraint order made by the Crown Court under the Proceeds of Crime Act 2002 in connection with alleged money laundering offences. The order restrained all known assets of M but allowed him £250 per week towards ordinary living expenses. M applied to the LSC for public funding to seek judicial review of the decision of the Financial Services Authority to commence a prosecution of the money laundering offences. The commission offered the requested funding, subject to the condition that M made a contribution of £117.66 per month from his income. That assessment was made on the basis that M’s income was the £250 per week excluded as living expenses from the restraint order. The commission rejected M’s argument that his income should have been assessed as nil because of the restraint order. The FSA took the view that the payment of the contribution would be a breach of section 41(4) of the 2002 act because it was not possible to make an exception to the order for legal expenses. M applied to the Crown Court for a variation of the order which was refused. The secretary of state for the home department, the secretary of state for justice and the Legal Services Commission submitted that it was the intention of parliament that contributions to the commission would not fall foul of section 41(4) because parliament intended public funding on standard conditions to be available, and that contribution payments by M to the commission as a condition of the funding of the legal costs of his proceedings were not ‘legal expenses’ for the purposes of section 41. Held: (1) The wording of the restraint order prohibited M from spending the sum of £250 per week for other than ordinary living expenses. Payments to the commission were not ordinary living expenses and M would be in contempt of court to pay money to the commission and the commission would be in breach of the restraint order to receive it. (2) Section 41(3)(a) of the 2002 act made a distinction between living expenses and legal expenses and, if a contribution to the commission was a legal expense, then it would not be a payment towards ordinary living expenses. A contribution to the commission to institute judicial review proceedings in connection with the offence in respect of which the restraint order was made was a legal expense. It followed that a judge who discovered that a contribution was being made to the commission was likely to impose a condition that no such contribution should be made, if not bound to do so in the light of sections 41(4) and 69. Appeal dismissed. center_img Legal advice – Living expenses – Money laundering – Proceeds of crime last_img read more

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How to get the best out of Brexit

first_imgThe prime minister’s decision to call a snap election was a welcome surprise for the construction sector, with many commentators highlighting the numerous opportunities it presents us. Time will tell whether the Conservative Party can retain its sizeable advantage in the polls, but in the aftermath of the prime minister’s announcement there was optimism that the election would help clarify the government’s agenda on infrastructure and housing and bring further stability to the market.And if these issues are given proper air time during the campaign, they give us the opportunity to keep reinforcing the message in public forums that construction is a productivity multiplier – that investing in infrastructure of all types has a direct and positive impact on the country’s economic health and people’s quality of life.Of course, comparatively more has been made of the role the election could play in strengthening the prime minister’s hand in Brexit negotiations.Along these lines, let’s see Brexit as an opportunity, not a threat. It is too easy to get caught up in hand-wringing about the perilous position we will find ourselves in – about the dwindling skills base, about threats to the infrastructure pipeline, about skyrocketing costs of materials. I prefer to be optimistic.We need to identify which materials, components and products are imported, then identify opportunities for UK manufacturers to fill gapsBuild UK has helpfully developed an analysis of our industry’s key issues in the Brexit negotiations, and in that I see clear messages for us all to echo over the final weeks of the election campaign, to help set the scene for the Brexit negotiations.In particular, on imports and exports. Yes, we import £4.9bn more building materials and components from the EU than we export, and 15% of all manufactured construction products consumed in the UK are imported from the EU. But long before the EU referendum, the government’s Construction 2025 Strategy called for reducing the industry’s trade deficit by 50%. We already knew we needed to correct our over-dependence on imports for building materials. To make sure government is well informed for negotiations, we need to identify which construction materials, components and products are imported and why; then identify opportunities for UK manufacturers to grow to fill any gaps.Then, there is regulation. In theory, after the Great Repeal Bill, any of the vast range of EU regulations will be within parliament’s power to change, and we could potentially face volatility, inconsistency and lowering of standards. But on the other side of that coin, we have the potential to update, simplify and repeal legislation and regulations in order to better benefit the UK. Industry should take the lead in developing specific proposals based on first-hand experience of what needs improving.On to project pipelines. The European Investment Bank and European Investment Fund have invested around €7.8bn (£6.6bn) in UK infrastructure. So following our exit from the EU, there is a clear risk of reduced investor confidence and levels of public investment. Clearly, for the sake of market confidence, government needs to continue to demonstrate its commitment to build an infrastructure system fit for the 21st century.We can turn this into an opportunity by supporting efforts to access schools and demonstrate the great careers in constructionBut the industry has an opportunity now to make its case for enhanced governmental investment – for example, by presenting a joined-up view of construction showing the link between the delivery of homes, modern-day workplaces, and infrastructure that keeps the UK growing. We need to agree – within the built environment sector and then with government – a construction and investment plan including an integrated vision for housing, social and economic infrastructure.As for skills, we are probably more sensitive to the loss of these than any other risk, with roughly half the construction workforce in London made up of migrant labour. And unfortunately the rights of existing EU workers to remain in the UK remain uncertain. But we really do have the ability to turn this crisis into an opportunity by coming together as an industry and supporting existing efforts to access schools and demonstrate to the next generation the great careers that can be had in construction.Many pieces of the skills jigsaw are starting to fall into place. Despite a pause for election purdah, the review of Industry Training Boards being conducted by former chief construction adviser Paul Morrell will resume, and the Construction Industry Training Board (CITB) will soon present a clear vision of how it can be the catalyst for skills development.Meanwhile, the government’s introduction of a new skills plan could help establish clear entry and progression routes for careers in construction. Critically, the new T-levels can help redress the esteem gap that has served as a disincentive for many bright and motivated young people from entering the built environment professions.These are all positive developments, and it is good to see signs that we as an industry are getting on with the job of preparing for the future. Yes, the election has put some things on pause, but I am confident that come 9 June, we will be straight back on the track to building a better Brexit.James Wates is chairman of Wates Group, the CITB and Build UKlast_img read more

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High Court reinstates Trump travel ban, will hear arguments

first_img Recommended President says he won’t meet with Florida judge on short list for Supreme Court SHARE Do you see a typo or an error? Let us know. High Court reinstates Trump travel ban, will hear arguments center_img WASHINGTON (AP) The Supreme Court is letting the Trump administration mostly enforce its 90-day ban on travelers from six mostly Muslim countries, overturning lower court orders that blocked it.The action Monday is a victory for President Donald Trump in the biggest legal controversy of his young presidency.The court did leave one category of foreigners protected, those “with a credible claim of a bona fide relationship with a person or entity in the United States,” the court said in an unsigned opinion. The justices will hear arguments in the case in October.Trump said last week that the ban would take effect 72 hours after being cleared by courts.The ban would apply to citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen.The Trump administration said the ban was needed to allow an internal review of the screening procedures for visa applicants from those countries. That review should be complete before October 2, the first day the justices could hear arguments in their new term. Related Articles:Trump travel ban blocked; fight headed for Supreme CourtTravel ban, church-state case await action by Supreme Court Author: AP Senate GOP lines up with Trump to quickly fill court seat Published: June 26, 2017 10:44 AM EDT Updated: June 26, 2017 10:46 AM EDT last_img read more

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Super-regulator calls for ‘fastest possible’ QASA start

first_imgThe Legal Services Board has called for the ‘fastest possible’ implementation of the Quality Assurance Scheme for Advocates (QASA) – even though the High Court has yet to rule whether the scheme is lawful.In its submission to the Review of the Provision of Independent Criminal Advocacy, being undertaken by Sir Bill Jeffrey, the LSB says that frontline regulators should move to implement the controversial scheme on the ‘fastest possible timescale’.The LSB says that senior members of the judiciary have argued that ‘quality shortfalls’ in criminal advocacy have increased since Lord Crater of Coles first highlighted the problem in 2006.QASA is a ‘robust and visible’ mark of competence, the LSB said: ‘It is a sign of both the profession and regulators responding to a long established need to ensure ongoing competence rather than simply ability at the time of authorisation.’The LSB said the scheme, which opened for registration in September, will for the first time ensure comparable data about where advocacy shortfalls arise.At present, it said, assertions have been made that solicitor firms may cut corners to use the cheapest rather than the most suitable advocate.  Four criminal barristers, with the support of the Criminal Bar Association and circuits, sought a judicial review of the LSB’s decision to proceed with the scheme, which they asserted, among other things, was unlawful.Three High Court judges, led by Sir Brian Leveson, heard the case earlier this month and are expected to give judgment in the new year.LBS chief executive Chris Kenny said: ‘There is little evidence to suggest that there is any shortage of advocates at any tier of the criminal courts and arguments that such shortages will arise are not persuasive. I don’t believe that regulation or broader public policy should be used to protect any particular business model nor that there should be significant governmental intervention into the operation of the market.’Kenny said the challenge to the professions is to help advocates diversify their practice into other areas that are busier or better paid. He added: ‘There is significant unmet demand for legal services in many areas, something which would be considered an opportunity in many other sectors of the economy.’Read the full submission here.last_img read more

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Ex-mayor Rahman faces SDT prosecution

first_imgFormer Tower Hamlets mayor Lutfur Rahman is to appear before the Solicitors Disciplinary Tribunal, the Solicitors Regulation Authority has confirmed.In a notice published yesterday, the regulator said the tribunal has certified there is a case to answer several allegations.Rahman (pictured) was found guilty last year by the electoral court of offences in connection with the 2014 mayoral election in Tower Hamlets, east London.  The election was declared void in a judgment by election commissioner Richard Mawrey QC, in the Queen’s Bench Division.A copy of the judgment was sent to the SRA to consider any possible action against Rahman, who was admitted as a solicitor in 1997.The SRA alleges that Rahman was found personally guilty of an illegal and corrupt practice, in which he failed to uphold the rule of law and proper administration of justice, failed to act with integrity and failed to behave in a way that maintains the trust the public places in him.The regulator also alleges that Rahman’s evidence to the election court attracted adverse criticism from the court.The SRA states that the allegations are subject to a hearing before the SDT and are as yet unproven. No date has yet been set for the hearing.Rahman was the first directly elected mayor of Tower Hamlets in 2010, after standing as an independent candidate. He left office last year.last_img read more

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Innovative traction and electrification in Bayern plan to reduce diesel dependency

first_imgGERMANY: Proposals to significantly reduce the use of diesel traction in favour of low-emission alternatives have been presented to the Bayern cabinet by Land Transport Minister Joachim Herrmann.The Bayerische Elektromobilitäts-Strategie Schiene (BESS) is intended to support the federal government’s 2050 climate targets, and to make rail a more attractive option for passenger and freight transport. ‘Electric-powered trains are more environmentally friendly, quieter, more efficient, require less maintenance and, on the whole, are significantly cheaper than diesel trains’, said Herrmann on January 23. The federal transport strategy includes medium term plans for electrification of inter-regional routes in Bayern, but the Land would also like to see local lines electrified. It has identified seven priority routes, selected through a cost-benefit analysis which looked at traffic levels and the ability to reduce the use of diesel on already electrified routes and in urban areas. These are: Aschaffenburg – Miltenberg including the Aschaffenburg Hafenbahn (43 km); Ebersberg – Wasserburg am Inn (19 km); Holzkirchen – Lenggries, Schaftlach – Tegernsee and Holzkirchen – Bayrischzell (84 km); Simmelsdorf-Hüttenbach – Neunkirchen am Sand (10 km); Kaufering – Landsberg am Lech (5 km); Markt Erlbach – Siegelsdorf (18 km); Neu-Ulm – Memmingen – Kempten including Senden – Weißenhorn (94 km).The cost of this package is put at €600m. The Land also intends to finance a pilot projects to assess the viability of ‘innovative’ traction technologies which could reduce emissions on routes which are not yet designated for electrification. The proposals include:Eco DeMe Train, an ‘eco diesel-electric multi-engine train’ where a diesel locomotive would be accompanied by a pantograph-equipped trailer which would feed it with electrical power on sections of line with overhead electrification, enabling bimode operation on the Mühldorf – München route; Eco Train, an overhead electric/diesel/battery hybrid proposed for the Schöllkrippen – Hanau route; Overhead and battery power on the Ebern – Bamberg and Gunzenhausen – Pleinfeld lines and the Bayern Oberland network; Electro-diesel operation on the Bogen – Straubing – Radldorf – Neufahrn (– Landshut) route; Hydrogen fuel on the Augsburg – Füssen and/or Eichstätt Bahnhof – Eichstätt Stadt routes.The Land Transport Ministry said around 3 200 km of the 6 700 km of public railway in Bayern is currently electrified, and work is underway on the München – Lindau route for completion by 2021.last_img read more

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Train Express Régional simulators ordered

first_imgSENEGAL: Five Corys train driving simulators have been ordered by SETER, the joint venture of SNCF and RATP Dev which has been appointed to operate the Train Express Régional line in Dakar.The contract covers the supply of two multifunction simulators with driving desks, as well as three ‘ultra-light’ simulators.The cab modules will replicate the Alstom Alstom Coradia Polyvalent multiple-units supplied to operate the line, while the video graphics will simulate the 35 km first phase of the route which is being equipped for operation using ETCS Level 2.last_img read more

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Members of leading soccer team killed in plane crash in Colombia

first_imgMembers of leading soccer team killed in plane crash in ColombiaTragedy struck Brazilian soccer in a profound way when a chartered plane transporting a Brazilian first division soccer team crashed in Medellin, Colombia killing 75 passengers, most of whom were members of the team. Only six passengers survived.The promising Chapecoense soccer team from southern Brazil was on its way from Santa Cruz, Bolivia to Medellin to play in the first leg of a two-game Copa South America final against Atletico Nacional of Medellin.The team, coaches, officials, and journalists were among 72 passengers and nine crew-members traveling on a British Aerospace 146 aircraft operated by a charter airline named LaMia. The pilots declared an emergency and lost radar contact just before 10 p.m. Monday because of an electrical failure, aviation authorities said. The plane crashed during heavy rainfall and foggy conditions in mountainous terrain, which made rescue and recovery efforts difficult.The survivors included a defender and two goalkeepers of the soccer team, but reports indicated they each had serious injuries.The team originated from the small Brazilian city of Chapeco, but was little known nationally until 2014 when it made it to the first division of Brazil’s national soccer tournament. The team enjoyed a very successful season., and last week advanced to the 2016 Copa South America finals, after defeating two of Argentina’s top teams, San Lorenzo and Independiente, and also the Colombian team Junior.last_img read more

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Concerns grow over collection of royalties for recording artists

first_imgCASTRIES, St. Lucia – The Eastern Caribbean Collective Organization for Music Rights (ECCO) Inc., is concerned that some 90 percent of the money it collects in royalties goes to societies overseas.The organization’s Operations Manager, Vanesta Mortley, told reporters the situation is the result of more international rather than local content being aired by local radio stations.“The local creators would be suffering because if their music is not being played then the chances of them getting royalties – obviously there wouldn’t be any,” Mortley stated.However, she explained that as an organization, ECCO cannot determine what radio stations here play.“That is not our role. We just have to collect and distribute royalties to the right owners,” she stated.“The creators, through some association of some sort can lobby for local, content so that whatever royalties are actually collected can be within whatever territory that the royalties are actually collected,” the ECCO Operations Manager said.Members of  ECCO last met here over the week end at the  where the royalties issue was one of the matters discussed.Mortley said there is also concern over non-compliance by radio stations in St. Lucia and the rest of the OECS in paying royalties for the use of copyrighted music.“For ECCO it is a major concern because that is where most of the consumption of music is,” she asserted.last_img read more

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