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04 October 2007
Issue: 7291 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

R (on the application of A) v South Yorkshire Police [2007] EWHC 1261 (Admin), [2007] All ER (D) 233 (Jul)

A number of juveniles sought to challenge the decision to charge them rather than give a final warning under the Crime and Disorder Act 1998, s 65. They argued that the decision contravened the relevant Home Office Circular (14/2006).

It was held that the court should not intervene unless it is clearly established that the decision to prosecute the defendants came about as a result of a departure from the statutory guidance and there is no rational explanation for that departure; even then, any intervention by the court would be discretionary.

The ultimate question for decision is whether or not the decision to prosecute is sustainable.

Issue: 7291 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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