‘Stop and detain’ counter-terrorism powers may be scaled back – The Guardian

Posted September 13th, 2012 in consultations, immigration, news, stop and search, terrorism by tracey

“Moves to scale back the most widely drawn counter-terrorism powers left in the police ‘stop and search’ armoury have been initiated by the home secretary, Theresa May.”

Full story

The Guardian, 13th September 2012

Source: www.guardian.co.uk

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Consultation on schedule 7 powers launched – Home Office

Posted September 13th, 2012 in consultations, immigration, press releases, stop and search, terrorism by tracey

“The public are being asked for their views on the operation of important border security powers in a consultation launched by the home office today.”

Full press release

Home Office, 13th September 2012

Source: www.homeoffice.gov.uk

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The unwritten rules of clerking – Legal Week

Posted September 13th, 2012 in barristers' clerks, legal profession, news by tracey

“I have been extremely fortunate in my career to work for some excellent senior clerks. They have all had their own styles and idiosyncrasies which must in some way have molded my own brand of clerking. They all had two things in common; they needed a steady supply of hot beverages to get them through the day and they all adhered to The Rules.”

Full story

Legal Week, 12th September 2012

Source: www.legalweek.com

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Criminal bar chief: unity can help resist ‘extinction’ – Law Society’s Gazette

Posted September 13th, 2012 in barristers, fees, legal profession, news, solicitors by tracey

“Criminal solicitors and barristers should stand ‘shoulder to shoulder’ to oppose further fee cuts or risk ‘virtual extinction’ within five years, the new chair of the Criminal Bar Association (CBA) has warned.”

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Law Society’s Gazette, 13th September 2012

Source: www.lawgazette.co.uk

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Late LSC fees ‘drive barristers out of practice’ – Law Society’s Gazette

Posted September 13th, 2012 in barristers, fees, legal aid, news by tracey

“Late payment of fees by the Legal Services Commission (LSC) is driving barristers out of private practice, it has been alleged.”

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Law Society’s Gazette, 13th September 2012

Source: www.lawgazette.co.uk

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BAILII: Recent Decisions

Posted September 13th, 2012 in law reports by tracey

Court of Appeal (Civil Division)

Rubenstein v HSBC Bank Plc [2012] EWCA Civ 1184 (12 September 2012)

NM, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 1182 (12 September 2012)

KA (Turkey) v Secretary of State for the Home Department [2012] EWCA Civ 1183 (12 September 2012)

High Court (Administrative Court)

General Medical Council v Srinivas [2012] EWHC 2513 (Admin) (11 September 2012)

Source: www.bailii.org

 

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Recent Statutory Instruments – legislation.gov.uk

Posted September 13th, 2012 in legislation by tracey

The Network Rail (Ipswich Chord) Order 2012

The Feed-in Tariffs (Specified Maximum Capacity and Functions) (Amendment No. 3) Order 2012

Source: www.legislation.gov.uk

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In re Proceedings against Lopes Da Silva Jorge – WLR Daily

Posted September 13th, 2012 in detention, drug trafficking, EC law, law reports, sentencing, warrants by tracey

In re  Proceedings against Lopes Da Silva Jorge: (Case C-42/11);   [2012] WLR (D)  263

“Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states and article 18FEU meant that, although a member state might, in transposing article 4(6), decide to limit the situations in which an executing judicial authority might refuse to surrender a person who fell within the scope of that provision, it could not automatically and absolutely exclude from its scope the nationals of other member states staying or resident in its territory irrespective of their connections with it. The national court was required, taking into consideration the whole body of domestic law and applying the interpretative methods recognised by it, to interpret that law, so far as possible, in the light of the wording and the purpose of Framework Decision 2002/584, with a view to ensuring that the Framework Decision was fully effective and achieved an outcome consistent with the objective pursued by it.”

WLR Daily, 5th September 2012

Source: www.iclr.co.uk

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Command Papers – official-documents.gov.uk

Posted September 13th, 2012 in parliamentary papers by tracey

Responding to human rights judgments: report to the Joint Committee on Human Rights on the Government response to human rights judgments 2011-12, Cm 8432, (PDF)

Source: www.official-documents.gov.uk

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LSB publishes a discussion paper which sets out a range of indicators that aim to baseline access to justice and monitor how it changes over time – Legal Services Board

“LSB publishes a discussion paper which sets out a range of indicators that aim to baseline access to justice and monitor how it changes over time.”

Full press release

Legal Services Board, 12th September 2012

Source: www.www.legalservicesboard.org.uk

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Damian Green’s speech to the Police Superintendents’ Association conference – Home Office

Posted September 13th, 2012 in ministers' powers and duties, police, speeches by tracey

“Speech given by the Minister of State for Policing and Criminal Justice to the Police Superintendents’ Association conference on 12 September.”

Full speech

Home Office, 12th September 2012

Soruce: www.homeoffice,gov.uk

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International Criminal Tribunals: Experiments? Works in progress? Institutions that are here for good, or maybe not? – Gresham College Lecture

Posted September 13th, 2012 in crime, international courts, jurisdiction, lectures by tracey

“In the last twenty years several international courts have been established to try crimes committed in armed conflicts. Public expectation of what these courts may achieve is high; but are the courts living up to that expectation? Is the public expectation realistic and part of a liberal tradition; may it be seen as ‘judicial romantic’, according to courts capabilities they can never have? Are the courts always bound to be tainted by political influence that makes it probable they will ultimately fail? What sense can be made of the permanent International Criminal Court – the ICC – when Russia, China and the USA decline to accept its jurisdiction for their own citizens but can, as permanent members of the Security Council of the UN, refer individuals from other non-member states to the ICC for trial? And would it matter if the ICC failed? Has enough already been done to chart a way ahead that will allow the law a proper role in the service of countries, or communities in countries, at war? In any event, are war crimes trials the best partner of politics in the search for peace? Are there times when it may be better to let history go in the interests of a better safer future? This is a part of Sir Geoffrey Nice’s 2012/13 series of lectures as Gresham Professor of Law.”

Transcript

Lecture by Sir Geoffrey Nice

Gresham College, 12th September 2012

Source: www.gresham.ac.uk

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Hillsborough Independent Panel Report: Statement from Attorney General – Attorney General’s Office

Posted September 13th, 2012 in attorney general, inquests, press releases, reports, sport by tracey

“Speaking about the report published today by the Hillsborough Independent Panel, Attorney General Dominic Grieve said: ‘I have not yet had an opportunity to study the Panel’s report, but it is clear that they have documented significant issues over the original inquest. I will now consider whether there is sufficient evidence to support an application to the High Court to quash the original inquest and start a new inquest process.’ ”

Full press release

Attorney General’s Office, 12th September 2012

Source: www.attorneygeneral.gov.uk

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Is the UK listening to the European Court of Human Rights? – UK Human Rights Blog

Posted September 13th, 2012 in human rights, judgments, news, reports by tracey

“The Ministry of Justice has published its annual report to the Joint Committee on Human Rights on the Government response to human rights judgments 2011–12. By signing up to the European Convention on Human Rights, the UK has committed to ‘abide by’ judgments of the court. This commitment is monitored by the Council of Europe’s Committee of Ministers. The report presents a snapshot of the current state of play in relation to the European Court of Human Rights, makes for very interesting reading (trust me!). Here are some tidbits.”

Full story

UK Human Rights Blog, 12th September 2012

Source: www.ukhumanrightsblog.com

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Down’s syndrome patient challenges resuscitation order – BBC News

“A man with Down’s syndrome is suing an NHS trust over a hospital’s decision to issue a do-not-resuscitate order giving his disability as one of the reasons.”

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BBC News, 13th September 2012

Source: www.bbc.co.uk

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Court interpreting criticised as ‘wholly inadequate’ in damning NAO report – The Guardian

Posted September 13th, 2012 in courts, interpreters, news, reports by tracey

“The Ministry of Justice’s (MoJ) privatisation of court interpreting services became ‘fully operational before it was ready’ and was initially ‘wholly inadequate’, according to a highly critical report by the National Audit Office.”

Full story

The Guardian, 12th September 2012

Source: www.guardian.co.uk

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Hillsborough families have the truth. Justice will take longer – The Guardian

Posted September 13th, 2012 in families, inquests, inquiries, news, police, prosecutions, reports, sport by tracey

“What is the next step legally? Joshua Rozenberg explores the options for a new inquest, public inquiry or criminal proceedings.”

Full story

The Guardian, 12th September 2012

Source: www.guardian.co.uk

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HBOS banker Peter Cummings fined by regulator – BBC News

Posted September 13th, 2012 in banking, disqualification, financial regulation, fines, news by tracey

“A former HBOS executive has been fined £500,000 by the UK financial regulator over his role in the bank’s collapse.”

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BBC News, 12th September 2012

Source: www.bbc.co.uk

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Flintshire paramedic not unfairly dismissed for “tapping” woman – BBC News

Posted September 13th, 2012 in armed forces, news, paramedics, professional conduct, tribunals, unfair dismissal by tracey

“A paramedic who allegedly slapped an elderly patient three times across the face was not unfairly dismissed, a tribunal has ruled.”

Full story

BBC News, 12th September 2012

Source: www.bbc.co.uk

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