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24 July 2008
Issue: 7331 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

Director of Revenue and Customs Prosecutions v N E Plastics Ltd [2008] All ER (D) 161 (Jul)

Under s 146A(3) of the Customs and Excise Management Act 1979, proceedings for a summary offence may be commenced at any time within six months from the date on which sufficient evidence to warrant the proceedings came to the knowledge of the prosecuting authority.

HELD For these purposes, matters within the knowledge of officers of HM Revenue and Customs are not to be imputed to the director of Revenue and Customs prosecutions, so the period for the commencement of summary proceedings starts only when sufficient evidence to warrant proceedings comes to the attention of the Director or his staff.

Home Office Circular 16/2008— Simple Cautioning of Adult Offenders: This circular, which replaces Home Office Circular 30/2005, provides guidance to the police and prosecutors on the use of the simple caution (and emphasises that simple cautions should generally be used for low-level offending), encourages greater consistency in the use of the simple caution, clarifies how the police and CPS responsibility for simple cautions is affected by the statutory charging scheme, sets out the process of administering a simple caution, emphasises the importance of accurate recording of simple cautions, and provides a standard simple caution pro forma.

Criminal Justice and Immigration Act 2008: for details of implementation, see http://www. justice.gov.uk/publications/criminal-justice actimplementation. htm.

Issue: 7331 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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