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Protecting Community Protection Notices

By Frances McClenaghan A defendant cannot defend himself from prosecution for breach of a Community Protection Notice (CPN), on the basis that the CPN is invalid. The reason, stated in Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin), is that there is an effective means to challenge the CPN – either by exercising […]

No order for costs following withdrawn forfeiture application

In Bennett v Chief Constable of Merseyside [2018] EWHC 3591 (Admin), the High Court confirmed that a district judge was correct to make no order for costs against the police after it withdrew its Proceeds of Crime Act 2002 (‘POCA’) s.298 application for cash forfeiture. In considering the decision of the district judge, the High […]

The Duty of Candour shows its teeth

By Susanna Rickard From the jaws of the Care Quality Commission this month comes the first ever fine issued for breach of the Duty of Candour.  Bradford Teaching Hospitals NHS Foundation Trust have been given a fixed penalty notice for £1,250 for failing to apologise to a bereaved family within a ‘reasonable’ time. A baby had been admitted […]

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