s.1

[2016] EWHC 2057 (Admin) [2016] EWHC 2057 (Admin)

On a proper construction of the Crime (Sentences) Act 1997 s.28(5), the Secretary of State for Justice was not under any duty to release a life prisoner as soon as the Parole Board had directed their release. In a case where residence at approved premises was specified as a licence condition, she was only obliged to release once a place at the approved premises was available for the prisoner.

[2016] EWHC 2597 (Admin) [2016] EWHC 2597 (Admin)

Transport for London’s policy of revoking a private hire driver’s licence following a caution for touting served the legitimate aim of increasing public safety by deterring touting and was in accordance with the ECHR. The Rehabilitation of Offenders Act 1974 Sch.2 para.1, requiring a caution to be regarded as spent at the time that it was given, was irrelevant to the lawfulness of that policy since the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 art.2 excepted private hire licences from the scope of the rehabilitation provisions.

[2016] EWCA Crim 745 [2016] EWCA Crim 745

In considering the mens rea of the offence of making an indecent image of a child contrary to the Protection of Children Act 1978 s.1(1)(a), a distinction had to be drawn between cases where images were made by downloading to a phone or computer and those where the image was made by the more direct action of photographing or filming. In cases of photographing or filming, the s.1(1)(a) offence was made out by the deliberate act of photographing or filming without the need for knowledge that the image was or was likely to be of an underage child.

[2016] EWCA Crim 443 [2016] EWCA Crim 443

In the circumstances, an imitation sub-machine gun was a prohibited firearm for the purposes of the Firearms Act 1968 s.5(1)(aba) because it was readily convertible into a firearm without the use of special knowledge or tools.

[2016] EWCA Crim 569 [2016] EWCA Crim 569

The court considered the degree of particularity required in a count alleging an offence of trespass with intent to commit a sexual offence contrary to the Sexual Offences Act 2003 s.63(1)