The following Corporate Crime practice note Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors provides comprehensive and up to date legal information covering:
Mandatory drug testing (MDT) was introduced in 1995 through an amendment to the Prison Act 1952 (PA 1952). It is an offence against prison discipline to:
administer a controlled drug
fail to prevent the administration of a controlled drug
There are three statutory defences to these offences:
the controlled drug was lawfully in the prisoner's possession or was administered lawfully, ie it was a prescription or given in medical treatment
the controlled drug was administered without the prisoner’s knowledge and the prisoner had no reason to suspect it was being administered
the drug was administered without consent or under duress where it was unreasonable to resist
PA 1952, s 16A states that, where an authorisation issued by the Governor is in force, any officer may require any prisoner to provide a urine sample to ascertain if they have any drugs in their body. This testing should be carried out in accordance with prison rules and a copy of the signed authorisation of the Governor should be displayed in the MDT suite and a copy kept in the library (see Prison Service Order (PSO) 3601).
The definition of drug for the purposes of PA 1952, s 16A includes a drug which is a controlled drug under the Misuse of Drugs Act 1971 or a ‘specified drug’ which is any substance or product specified
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This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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