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Prison – Discipline. The Divisional Court dismissed the claimant serving young offender's challenge to the defendant Independent Adjudicator's ruling that the defence of duress was not available to his disciplinary proceedings for the unauthorised possession of alcohol. The principles underlying the general distinction between criminal and disciplinary offences told strongly in favour of treating the Young Offender Institution Rules 2000, SI 2000/3371, and the Prison Rules 1999, SI 1999/278, as separate non-criminal disciplinary codes for the purpose of the application of the common law defence of duress.
Prison – Discipline. The Divisional Court dismissed the claimant serving young offender's challenge to the defendant Independent Adjudicator's ruling that the defence of duress was not available to his disciplinary proceedings for the unauthorised possession of alcohol. The principles underlying the general distinction between criminal and disciplinary offences told strongly in favour of treating the Young Offender Institution Rules 2000, SI 2000/3371, and the Prison Rules 1999, SI 1999/278, as separate non-criminal disciplinary codes for the purpose of the application of the common law defence of duress.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
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Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
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