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Criminal Law Blog

10 February 2017

When Inaction Becomes Criminal

On 26 January 2017 Michael Bowditch was convicted at Maidstone Crown Court for his role in the death of 17-year-old Becky Morgan. Miss Morgan drowned after falling into the sea at Ramsgate in Kent.  Mr Bowditch, who was with her when she fell into the sea, was initially charged with murder but on the first day of his trial a plea was accepted to manslaughter by way of ‘gross-negligence’. This was based on his failure to take steps to save her. In sentencing Bowditch to five and half years imprisonment His Honour Judge Carey, described Mr Bowditch’s actions as, “repugnant… you left her to drown”.

Matthew Hardcastle

10 February 2017

Sexual offences committed by children against other children is on the rise -shocking or inevitable?

The news last week revealed that the number of children that the police are investigating for committing child sexual offences has almost doubled in the last four years. These figures relate to instances where the person alleged to have committed the offence and the alleged victim are both aged under 18. They were obtained by the children’s charity Barnardo’s following a freedom of information request. 

Sandra Paul

9 February 2017

Reform of Official Secrets legislation to recognise contemporary challenges to national security

On 2 February the Law Commission launched a consultation on a proposed update to the four current Official Secrets Acts (of 1911, 1920, 1939 and 1989), deemed anachronistic, and to replace them with the “Espionage Act” and an accompanying statute addressing data disclosure.

Ed Smyth

2 February 2017

African Union encourages African nations to revoke jurisdiction of International Criminal Court

At the start of February 2017 it was reported that a summit of African Union (AU) member states passed a non-binding resolution supporting a "strategy of collective withdrawal" from the International Criminal Court (ICC). The news follows last year’s announcements by South Africa, Gambia and Burundi to leave the ICC, and indications given previously by Kenya of its intention to do the same.

Jonathan Grimes

2 February 2017

FCA and PRA joint policy statement regarding enforcement decision-making

The Financial Conduct Authority (“FCA”) and the Prudential Regulation Authority (“PRA”) have published a joint policy statement on the proposed implementation of HM Treasury's (“HMT”) review of enforcement decision-making at the FCA and the PRA and Andrew Green QC's report into the FSA's enforcement actions following the failure of HBOS plc (see here for the joint policy statement). The policy statement outlines the amendments to the FCA’s Glossary, the Decision Procedure and Penalties manual and the Enforcement Guide.

Louise Hodges

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