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PRACTICE NOTES
The Video Recordings Act 1984 (VRA 1984) creates a number of offences relating to the possession and supply of unclassified video recordings or recordings in breach of classification by the British Board of Film Classification. Time limits on proceedings No prosecution can be commenced for an offence under the VRA 1984 more than three years after the offence was committed or one year after the offence was discovered by the prosecutor, whichever is earlier. Supplying a video recording of an unclassified work The offence of supplying a video recording of an unclassified work can be tried in the magistrates' court or the Crown Court. The offence is committed if any person • supplies, or • offers to supply • a video recording • containing a video work • in respect of which no classification certificate has been issued Meaning of supply or offering to supply The meaning of 'supply' covers supply in any manner, whether or not for reward, and includes supply by way of sale, letting on hire, exchange or
GLOSSARY
An offender is, in legal practice, a person who has committed a criminal offence, ordinarily established by conviction. The term is used mainly post‑conviction in courts, sentencing, probation and offender management. Before conviction, practitioners should use suspect, accused or defendant, not offender, in line with the presumption of innocence.There is no single universal statutory definition; offender is a descriptive expression used across criminal justice legislation and case law. Specific schemes define it for particular purposes, for example: relevant offender for sex‑offender notification requirements (under the Sexual Offences Act 2003 and cognate legislation; Sex Offenders Act 2001 in Ireland); dangerous offender for risk‑based sentences (Criminal Justice Act 2003 in England and Wales; Criminal Justice (Scotland) Act 2003 orders for lifelong restriction; Criminal Justice (Northern Ireland) Order 2008); and persistent or repeat offender in sentencing guidance. Young offender generally denotes under‑18s within youth justice systems, though terminology varies.Practically, classification as an offender determines court jurisdiction, sentencing powers (custody, community orders), ancillary orders (e.g. Sexual Harm Prevention Orders, restraining orders), probation supervision, risk assessment and notification, and disclosure/rehabilitation periods (Rehabilitation of Offenders Act 1974 and analogous regimes). Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland.
PRACTICE NOTES
Why was the Offender Rehabilitation Act introduced? The Ministry of Justice found that approximately 50,000 short-term prisoners walk out of prison with no rehabilitation support. Those released from short-term sentences were found to be at a higher risk of reoffending, with 85,000 crimes committed every year by this category. This legislation form parts of the government’s wider to reforms to probation. Implementation dates The Offender Rehabilitation Act 2014 (ORA 2014) received Royal Assent on 13 March 2014. Certain provisions, regarding the supervision and rehabilitation of female offenders, officer responsible for implementing orders and offenders sentenced by Service Courts, came into force on 1 June 2014. The rest of the provisions, affecting offender rehabilitation, came into force on 1 February 2015. What does the Offender Rehabilitation Act 2014 change? Release arrangements ORA 2014 makes a number of changes to the release arrangements set out in the Criminal Justice Act 2003 (CJA 2003) for offenders serving custodial sentences of less than 12 months and those serving sentences of between 12 months and two years. Section 1 amends
GLOSSARY
A weapon may be offensive per se by being made for causing injury to a person, or offensive by reason of being adapted for, or being carried with the intention of being used for, causing injury (Prevention of Crime Act 1953, s 1(4)).
GLOSSARY
In relation to receivables, to offer the receivables for sale to a receivables purchaser in exchange for the purchase price.
GLOSSARY
Any transaction that the Code is concerned with regulating, as set out in Section 3(b) of the Introduction, such as takeover bids and merger transactions, however effected, including by means of contractual offer, statutory merger or scheme of arrangement.
PRACTICE NOTES
This Practice Note provides guidance on: • the basic content of an offer letter • taking up references • keeping in touch before the start date • preparing for a new employee’s first day • induction programmes Basic content of an offer letter Most candidates will not resign from their current job until they have received a written offer of employment. Once you have selected your candidate it’s best to move with as much speed as possible, especially if you’ve been lucky enough to find an excellent candidate who may have more than one offer on the table. It’s essential that a written offer of employment contains the same information as any verbal offer which may have been given and all necessary approvals and authorisations are in place before sending it out. An offer letter should contain the following information: • a clear offer of employment • any condition attached to that offer, for example receipt of appropriate references, proof of qualifications etc • job title and location—ensure for hybrid or remote workers
PRACTICE NOTES
Offer back (sometimes known as surrender back) clauses oblige the tenant to offer to surrender the lease to the landlord as a pre-condition to the tenant’s right to assign or underlet. The right to assign/underlet only arises if the landlord declines the tenant’s offer. In substance it is a right of pre-emption (sometimes also called a right of first refusal). For an example of such a clause, see Precedent: Lease of part (retail unit in a shopping centre). Advantages and disadvantages Offer back clauses enable the landlord to veto any assignment/underletting and require the tenant to vacate the property. If the tenant is obliged to offer to surrender for no consideration, the landlord can take advantage of a rise in rents by accepting the surrender and re-letting at the market rent. However, landlords should be warned that: • the inclusion of an offer back clause may have an adverse impact at rent review (depending upon its terms) and also when determining the new rent on any statutory renewal, and • if the tenant is a company, subject to the terms
GLOSSARY
The document by which the offeror makes its formal offer to offeree shareholders, normally required under Rule 24.1 to be despatched within 28 days of the 2.7 announcement, but often issued simultaneously with the 2.7 announcement. The required contents of the offer document are set out in Rules 24.2 to 24.16.
PRECEDENTS
Part [II] Letter from [offeror] [Insert full name of offeror] (incorporated in [England and Wales] with registered number [insert number]) [insert offeror address] [insert date] To: [Offeree] Shareholders and, for information only, persons with information rights[ [, OR and] participants in the [Offeree] Share Option Schemes ] [and [Offeree] Warrantholders] Dear Shareholder Recommended Cash offer for [Offeree] by [Offeror] 1 Introduction On [insert date], [the boards of [Offeror] and [Offeree] announced that they had agreed the terms of a recommended cash offer by [Offeror] for the entire issued and to be issued ordinary share capital of [Offeree] [not already owned by [Offeror]] OR [Offeror] announced its firm intention to make an offer for the issued and to be issued share capital of [Offeree] [not already owned by [Offeror]] ]. The Offer values each Share at [insert number] pence and [Offeree]’s entire issued [ordinary] share capital at £[insert number]. This document sets out the detailed terms and conditions of the Offer and explains why we believe you should accept
PRECEDENTS
Part [I] Letter from the chair of [offerEE] (incorporated in [England and Wales] with registered number [insert number]) Registered office: [insert address] Directors: [List names of directors and roles/positions, eg, Chair, Chief Executive, Chief Financial Officer, Non-Executive Director] [insert date] To: [Offeree] Shareholders and, for information only, persons with information rights[, OR and] participants in the [Offeree] Share Option Schemes [and [Offeree] Warrantholders] Dear Shareholder Recommended Cash Offer for [Offeree] by [Offeror] 1 Introduction Following discussions between them, on [insert date] the boards of [Offeror] and [Offeree] jointly announced that they had reached agreement on the terms of a recommended cash offer for the entire issued and to be issued ordinary share capital of [Offeree] [not already owned by the Offeror] at a price of [insert number] pence per Share. I am writing to you on behalf of all the [Offeree] Directors to explain the background to the Offer and the reasons why the [Offeree] Directors, who have been so advised by [insert name of offeree’s financial adviser], consider the terms of the Offer to be fair and reasonable and unanimously recommend that you should
PRECEDENTS
APPENDIX [4] ADDITIONAL INFORMATION 1 Responsibility 1.1 The [Offeror] Directors whose names are set out in paragraph 2.1 below accept responsibility for the information contained in this document, other than: (a) the information relating to [Offeree], the [Offeree] Directors, their close relatives, related trusts and connected persons[ and OR ,] (b) the recommendations and opinions of the [Offeree] Directors relating to the Offer contained in Part I of this document[ and (c) the information relating to the [Offeror Parent], the [Offeror Parent] Directors, their close relatives, related trusts and connected persons, ]. To the best of the knowledge and belief of the [Offeror] Directors (who have taken all reasonable care to ensure that such is the case), the information contained in this document for which they are responsible is in accordance with the facts and does not omit anything likely to affect the import of that information. 1.2 [The [Offeror Parent] Directors whose names are set out in paragraph 2.2 below accept responsibility for the information contained in this document, other than (a) the information relating to [Offeree], the [Offeree]