Conditional caution meaning

Williams v Williams [2024] EWHC 733 (Fam), [2024] All ER (D) 65 (Apr) What are the practical implications of this case? In this decision, the President of the Family Division, Sir Andrew McFarlane, emphasised the significance of marital status and the compelling public policy in upholding the certainty and finality that a final divorce order brings. He underlined the need to honour the settled legal position that follows such an order. He also identified the risk of creating an unofficial third limb to divorce proceedings—after the conditional and final orders—by allowing parties to return asserting that the application was filed in error. Opening that door would erode the clarity the process is designed to deliver. The ruling serves as a clear caution to practitioners to check meticulously that a divorce application is issued for the right client. Since the introduction of the online portal, such slips may perhaps be more readily made, so particular care is required when selecting from case lists within the portal...

This Practice Note seeks to summarise the leading case law and shared principles that arise in fitness to practise (FtP) proceedings before most healthcare regulators’ FtP panels. It sets out the common procedural phases, including investigation and the admissibility of evidence, the scope of case examiners’ powers, interim orders, and recurring themes such as dishonesty and racist language. The term ‘registrant’ refers to the regulated professional who is the subject of FtP proceedings. It should be read alongside Practice Note: Criminal proceedings and convictions in healthcare regulatory proceedings and the separate Practice Note for each regulator listed below: General Dental Council—fitness to practise proceedings General Medical Council—fitness to practise proceedings General Optical Council—fitness to practise proceedings General Pharmaceutical Council—fitness to practise proceedings Health and Care Professions Council—fitness to practise proceedings Nursing and Midwifery Council—fitness to practise proceedings Social Work England—fitness to practise proceedings This note applies to the healthcare regulators overseen by the Professional Standards Authority (PSA). For...

This Practice Note explores the changes to succession law introduced by the Succession (Scotland) Act 2016 (S(S)A 2016). It provides information on every section of S(S)A 2016 and comments on its effect on the position of the law prior to its enactment. It also notes how those provisions interact with the prior legal position. Effect of divorce, dissolution or annulment on Will—S(S)A 2016, s 1 Where a marriage or civil partnership ends by divorce, dissolution or annulment, any gift or power of appointment conferred by a testator on a former spouse or civil partner, together with any designation of that person as executor or trustee, is revoked. For this to take effect, the deceased must die after the decree of divorce, dissolution or annulment has been obtained and after 1 November 2016. This will not apply where the Will expressly stipulates that the above benefits or offices are to have effect regardless of the formal termination of the relationship. The revocation operates by treating the ex‑spouse or former...

This Practice Note examines spent convictions and rehabilitation periods under the Rehabilitation of Offenders Act 1974 (ROA 1974), as updated by the Police, Crime, Sentencing and Courts Act 2022. It also looks at how earlier convictions affect criminal investigations, their use as evidence in criminal proceedings, and their relevance to sentencing. What is a spent conviction? Where a conviction or caution becomes spent, the individual is, for most purposes, regarded in law as if no offence had been committed. Consequently, under ROA 1974, people with spent convictions or cautions are generally entitled not to disclose them when applying for most roles. However, they may still appear on a Disclosure and Barring Service criminal record check (a DBS check, sometimes called a CRB check), which certain positions will require. Some convictions become spent after a defined period, which depends on the disposal or sentence imposed. For some categories of offence, convictions are never spent. Rehabilitation periods for criminal offences On 28 October 2023, changes took effect that...