The following Corporate Crime practice note Produced in partnership with Carolina Bracken of 5 Paper Buildings provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, allows the temporary appointment of Judicial Commissioners during the COVID-19 pandemic and alters the time limits in place for approval by the Judicial Commissioners of urgent targeted and bulk interception warrants, urgent targeted and bulk equipment interference warrants, urgent bulk warrants for the acquisition of communications data and urgent bulk personal dataset warrants. See: CA 2020, ss 22 and 23 and Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020, SI 2020/360. For updates on key developments and related practical guidance on the implications of COVID-19 for lawyers, see: Coronavirus (COVID-19) and the criminal justice system—overview and Practice Note: Coronavirus (COVID-19) toolkit.
The Investigatory Powers Act 2016 (IPA 2016) provides the legal framework governing the use of covert surveillance by public bodies. This framework previously had been largely, but not exclusively, contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Data Retention and Investigatory Powers Act 2014.
The provisions that govern the powers to interfere with equipment and property are set out in IPA 2016, Pt 5.
A Code of Practice on Equipment Interference was laid before Parliament in draft form on 18 December 2017 and came into force on 8 March 2018. This Code relates to the exercise of
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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