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24 July 2008
Issue: 7331 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

Director of Revenue and Customs Prosecutions v N E Plastics Ltd [2008] All ER (D) 161 (Jul)

Under s 146A(3) of the Customs and Excise Management Act 1979, proceedings for a summary offence may be commenced at any time within six months from the date on which sufficient evidence to warrant the proceedings came to the knowledge of the prosecuting authority.

HELD For these purposes, matters within the knowledge of officers of HM Revenue and Customs are not to be imputed to the director of Revenue and Customs prosecutions, so the period for the commencement of summary proceedings starts only when sufficient evidence to warrant proceedings comes to the attention of the Director or his staff.

Home Office Circular 16/2008— Simple Cautioning of Adult Offenders: This circular, which replaces Home Office Circular 30/2005, provides guidance to the police and prosecutors on the use of the simple caution (and emphasises that simple cautions should generally be used for low-level offending), encourages greater consistency in the use of the simple caution, clarifies how the police and CPS responsibility for simple cautions is affected by the statutory charging scheme, sets out the process of administering a simple caution, emphasises the importance of accurate recording of simple cautions, and provides a standard simple caution pro forma.

Criminal Justice and Immigration Act 2008: for details of implementation, see http://www. justice.gov.uk/publications/criminal-justice actimplementation. htm.

Issue: 7331 / Categories: Case law , Law digest
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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