The European Council has approved guidelines for the Brexit negotiations - see the Council announcement and see European Council (Art 50) Guidelines.
The EU (27) will present a united front in the negotiations which will be conducted in transparency and as a single package. In
accordance with the principle that nothing is agreed until everything is
agreed, individual items cannot be settled separately. The EU will engage with the UK exclusively through channels set out in the guidelines and negotiating directives. The European Council will remain permanently seized of the matter, and
will update the guidelines in the course of the negotiations as
necessary. Negotiating directives will be adjusted accordingly.
This blog does not offer legal advice and should never be used as a substitute for professional legal advice. Posts are not usually updated.
30 April 2017
29 April 2017
27th April ~ Bills receiving Royal Assent
The Dissolution of the 2015-2017 Parliament is on 3rd May. The General Election on 8th June. The following Bills received Royal Assent on 27th April. This is the result of the so-called "Wash Up" process.
27 April 2017
Manslaughter by motor vehicle ~ Death of Police Officer
On 5th October 2015, Constable David Phillips of the Merseyside Police was
killed when he was struck by a stolen vehicle, driven at speed towards
him by Clayton Ronald Williams, who was then aged 18.
On 21st March 2016, in the Crown Court at Manchester (William Davis J and a jury) Clayton Williams was convicted of manslaughter. He was sentenced for that offence and also for offences of burglary and aggravated vehicle taking resulting in death, to which he had previously pleaded guilty. The sentence was - imprisonment for 20 years for the manslaughter and concurrent terms of 2 years for burglary and 8 years for aggravated vehicle taking resulting in death. He was also disqualified from driving for life.
On 21st March 2016, in the Crown Court at Manchester (William Davis J and a jury) Clayton Williams was convicted of manslaughter. He was sentenced for that offence and also for offences of burglary and aggravated vehicle taking resulting in death, to which he had previously pleaded guilty. The sentence was - imprisonment for 20 years for the manslaughter and concurrent terms of 2 years for burglary and 8 years for aggravated vehicle taking resulting in death. He was also disqualified from driving for life.
22 April 2017
Road Traffic ~ Speeding penalties ~ Dangerous driving
Speeding fines are subject to new sentencing guidelines which are effective from 24th April 2017 - Sentencing Council Guidelines - Speeding. For an explanation of Fine Bands - see here. The driver with a recorded speed of 41 to 50 mph in a 30 mph limit will face a Band B fine and 4 to 6 penalty points. Disqualification is also possible.
Here are two recent cases involving dangerous driving.
Tania Chikwature:
The offence of dangerous driving is defined in the Road Traffic Act 1988 section 2 and the meaning of dangerous driving is set out in section 2A. One recent example of dangerous driving is that of Tania Chikwature who was driving a Nissan Qashqai in December 2016. The website of the Cambridgeshire Police has details of the case including video taken from the cab of a lorry which was overtaken by Chikwature on the approach to a roundabout.
Here are two recent cases involving dangerous driving.
Tania Chikwature:
The offence of dangerous driving is defined in the Road Traffic Act 1988 section 2 and the meaning of dangerous driving is set out in section 2A. One recent example of dangerous driving is that of Tania Chikwature who was driving a Nissan Qashqai in December 2016. The website of the Cambridgeshire Police has details of the case including video taken from the cab of a lorry which was overtaken by Chikwature on the approach to a roundabout.
20 April 2017
General election on 8th June
There WILL be a general election on 8th June. The preceding post looked at the requirements for an "early election" in the Fixed-Term Parliaments Act 2011 and the necessary majority was secured in the House of Commons on Wednesday 19th April. MPs approved the motion for an early general election by 522 to 13. The
support of two-thirds of all MPs required for this motion to pass was
reached - Parliament 19th April.
Parliament has to be dissolved 25 working days before Polling Day (8th June). This means that Parliament will be dissolved on Wednesday 3rd May.
Parliament has to be dissolved 25 working days before Polling Day (8th June). This means that Parliament will be dissolved on Wednesday 3rd May.
18 April 2017
Prime Minister wants a general election on 8th June 2017
There MAY be a general election on 8th June 2017 - BBC NEWS 18th April. This will be subject to securing a vote in the House of Commons for an early election as required by the Fixed Term Parliaments Act 2011
Section 2 of the Act specifies when an early election may be held. An early parliamentary general election is to take place if -
(a) the House of Commons passes a motion in the form set out in subsection (2), and
Section 2 of the Act specifies when an early election may be held. An early parliamentary general election is to take place if -
(a) the House of Commons passes a motion in the form set out in subsection (2), and
17 April 2017
Tony Blair, the Iraq War and Aggression
The war against Iraq began on 20th March 2003. It caused deep divisions among the people of the UK. On 18th March 2003, the House of Commons - in which the Labour Party held a large majority - passed a motion supporting the war - 396 votes to 217.
According to The Guardian 16th April 2017, an attempt to bring a private prosecution of Tony Blair for the crime of aggression was rejected by a District Judge (Magistrates' Courts) at Westminster Magistrates' Court. The judge refused to issue a summons but, as far as I can ascertain, the reasons of the judge for doing so were not published. The Guardian report goes on to say that the present Attorney General - Jeremy Wright QC - is involved in proceedings in the High Court in which the District Judge's decision is being challenged. The Attorney seeks to stop the prosecution and the basis for doing so is that the crime of aggression is unknown to English law.
According to The Guardian 16th April 2017, an attempt to bring a private prosecution of Tony Blair for the crime of aggression was rejected by a District Judge (Magistrates' Courts) at Westminster Magistrates' Court. The judge refused to issue a summons but, as far as I can ascertain, the reasons of the judge for doing so were not published. The Guardian report goes on to say that the present Attorney General - Jeremy Wright QC - is involved in proceedings in the High Court in which the District Judge's decision is being challenged. The Attorney seeks to stop the prosecution and the basis for doing so is that the crime of aggression is unknown to English law.
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