Joint enterprise law: MP’s bill seeks to stop innocent bystanders being jailed – The Guardian

Posted February 2nd, 2024 in bills, criminal justice, gangs, homicide, joint enterprise, murder, news, Supreme Court by sally

‘A proposed amendment to English law could stop innocent people being imprisoned under the controversial joint enterprise doctrine.’

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The Guardian, 1st February 2024

Source: www.theguardian.com

Jeff King: The House of Lords, Constitutional Propriety, and the Safety of Rwanda Bill – UK Constitutional Law Association

‘The Safety of Rwanda (Asylum and Immigration) Bill will receive its second reading in the House of Lords on 29 January 2024, having cleared the House of Commons unamended. There are a great many problems with the Rwanda Bill, any of which might weigh with the Lords, but this blog post focuses on just one: the likelihood that, if enacted, the Bill may well trigger a constitutional crisis between the courts and Parliament. It would be a crisis that is likely to endure beyond the life of the policy embodied in the Bill. I argue here that one of the roles of the House of Lords is to act as a constitutional safeguard, a steam-valve, and, in exercise of this function under the rare circumstances that attend this Bill, it would be legitimate for the Lords to not only make and insist upon far-reaching changes to the Bill, but even to refuse to pass it altogether. This post is not concerned with the realpolitik of whether peers would in fact vote the Bill down – though I come to the point in the conclusion. It rather seeks to refute the constitutional argument that it would be illegitimate to block or make potent amendments to it.’

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UK Constitutional Law Association, 26th January 2024

Source: ukconstitutionallaw.org

UK ministers vow to close loopholes in disposable vape ban – The Guardian

Posted January 29th, 2024 in bills, children, government departments, health, news, smoking, young persons by sally

‘UK ministers will aim to stop firms from skirting around an upcoming ban on disposable vapes by eliminating ruses such as attaching charging points to them, the health secretary has said.’

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The Guardian, 29th January 2024

Source: www.theguardian.com

Fake reviews and hidden online charges to be banned under new rules – The Guardian

Posted January 24th, 2024 in bills, competition, consumer protection, internet, labelling, news by sally

‘Fake reviews and unavoidable hidden online charges – which cost consumers £2.2bn a year – are to be banned under new laws to force businesses to be more clear with shoppers.’

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The Guardian, 24th January 2024

Source: www.theguardian.com

What is rule 39? UK government tells civil servants to ignore European court of human rights on Rwanda deportations – EIN Blog

‘The UK government is once again navigating legal and political hurdles over its plan to send asylum seekers to Rwanda. The latest debate is over the emergency bill that legally declares Rwanda a safe place to send refugees (despite the supreme court ruling the opposite).’

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EIN Blog, 23rd January 2024

Source: www.ein.org.uk

Clampdown on child abuse as a gap in the law closed – Ministry of Justice

Posted January 23rd, 2024 in amendments, bills, child abuse, news, prosecutions, sexual offences by tracey

‘Children will be better protected from sexual abuse following change to the law making it easier to prosecute criminals who have had sex in front of children for gratification.’

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Ministry of Justice, 18th January 2024

Source: www.gov.uk

Robert Craig: The constitutional implications of legislating to exonerate the Post Office sub-postmasters – UK Constitutional Law Association

‘Some commentators have claimed that the decision to expedite the process of formally exonerating the sub-postmasters potentially runs afoul of certain core constitutional principles, in particular the separation of powers. It has also been claimed that the “crown does not have a prerogative of justice but only a prerogative of mercy”. This blog considers and challenges those claims.’

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UK Constitutional Law Association, 16th January 2024

Source: ukconstitutionallaw.org

Sexual assault victims charged tens of thousands of pounds for court documents – The Independent

‘Domestic abuse and sexual violence victims are being charged up to tens of thousands of pounds to access court scripts after being wrongly advised not to attend court, The Independent has learned.’

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The Independent, 21st January 2024

Source: www.independent.co.uk

Cat and dog theft set to be made criminal offence – BBC News

Posted January 19th, 2024 in animals, bills, criminal justice, government departments, news, theft by sally

‘The government is expected to back making stealing cats and dogs a specific criminal offence in England, Wales and Northern Ireland.’

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BBC News, 19th January 2024

Source: www.bbc.co.uk

Rishi Sunak’s Rwanda bill is step towards totalitarianism, top lawyer in the Lords warns – The Independent

‘A leading lawyer who sits in the Lords has warned that Rishi Sunak’s Rwanda bill is “a step toward totalitarianism”.’

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The Independent, 18th January 2024

Source: www.independent.co.uk

Courts “could cope” with large number of Post Office appeals, says LCJ – Legal Futures

‘The courts “could cope” with a large volume of criminal appeals in the wake of the Post Office scandal, the Lady Chief Justice told MPs yesterday.’

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Legal Futures, 17th January 2024

Source: www.legalfutures.co.uk

Legislating fiction – EIN Blog

‘Members of Parliament in the UK will on 16 and 17 January 2024 debate the Safety of Rwanda (Asylum and Immigration) Bill, which “gives effect to the judgement of Parliament that the Republic of Rwanda is a safe country” for asylum-seekers. The Supreme Court unanimously ruled in November 2023 that Rwanda was manifestly not safe as asylum seekers sent to the country would face a real risk of ill-treatment due to insufficient guarantees against refoulement. The Bill thus aims to use law to determine a factual situation for as long as the law is in force. This blog discusses the risks inherent in creating such a “legal fiction” and how the Bill could be revised to mitigate this risk, before assessing the chances of it becoming law in the currently turbulent political context.’

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EIN Blog, 16th January 2024

Source: www.ein.org.uk

UNHCR says Sunak’s new Rwanda bill still violates international humanitarian law – The Independent

Posted January 16th, 2024 in asylum, bills, international law, news, refugees, Rwanda by tracey

‘The new Rwanda deal proposed by Rishi Sunak’s government is still “not compatible” with international refugee law, the United Nations Refugee Agency (UNHCR) said. The UNHCR has published its legal assessment of the bill designed to allow Britain to send asylum seekers who arrive illegally in the UK to Rwanda.’

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The Independent, 16th January 2024

Source: www.independent.co.uk

Sanjit Nagi: The Stranglehold of New Labour and Lord Irvine’s Rights-based Constitution – UK Constitutional Law Association

‘Last year’s Supreme Court decision in R (AAA) v Home Secretary – which found the British government’s Rwanda policy to be unlawful – has reignited broader debates about the position of a government which commands a majority in Parliament vis a vis the judiciary, the separation of powers, the extent to which legislating against judicial decisions is constitutionally proper or compatible with the rule of law, and the appropriateness of disapplying sections of the Human Rights Act 1998 (HRA 1998). This post does not restate or reengage with such topics; substantive attention has already been given by Tom Hickman KC, Professor Mark Elliott, Adam Tucker, Professor Sarah Singer, and Richard Ekins KC et al. Neither does it take a position on the feasibility or desirability of any specific government policy, the continued operation of HRA 1998, or membership of the European Convention on Human Rights (ECHR).

Instead, this post will argue that the backlash to and disapproval of the British government’s response to R (AAA) – the introduction of the Safety of Rwanda Bill, which, amongst other measures, allows Parliament to diverge from the Supreme Court’s judgment – neatly evidences the intended effect of New Labour and Lord Derry Irvine’s HRA 1998 system and judicial reforms.’

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UK Constitutional Law Association, 15th January 2024

Source: ukconstitutionallaw.org

‘Dangerous path to go down’: four legal experts on the Post Office exoneration bill – The Guardian

‘The government’s decision to pass a law overturning the convictions of post office operators has left many lawyers and judges uneasy.’

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The Guardian, 11th January 2024

Source: www.theguardian.com

UK government admits Rwanda has ‘issues with its human rights record’ – The Guardian

Posted January 12th, 2024 in asylum, bills, deportation, government departments, human rights, immigration, news, Rwanda by sally

‘The government has admitted that Rwanda still has “issues with its human rights record” despite claims by Rishi Sunak that it is a safe country.’

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The Guardian, 11th January 2024

Source: www.theguardian.com

The Online Safety Bill: A clean bill of health? – 2 Hare Court

Posted January 10th, 2024 in bills, chambers articles, internet, malicious communications, news, sport by sally

‘The Online Safety Bill received Royal Assent on 26 October 2023, becoming the Online Safety Act (“the Act”). Its aim is to deliver on the government’s commitment to “make the UK the safest place to be online”, by imposing statutory duties on social media companies and search engines[1] (“service providers”) to ensure that they implement measures to protect individuals from illegal and harmful content online.’

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2 Hare Court, 28th November 2023

Source: www.2harecourt.com

GB News: Ofcom rules breached over Don’t Kill Cash campaign – BBC News

Posted December 20th, 2023 in bias, bills, codes of practice, media, news, ombudsmen by sally

‘GB News breached impartiality rules with an episode of The Live Desk, which promoted its branded campaign Don’t Kill Cash, Ofcom has said.’

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BBC News, 19th December 2023

Source: www.bbc.co.uk

Government offers hope of full PACCAR solution in the future – Legal Futures

‘The government has acknowledged concerns that its legislative proposal to address the Supreme Court’s PACCAR ruling does not go far enough – but further change is not imminent.’

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Legal Futures, 15th December 2023

Source: www.legalfutures.co.uk

New strategy to tackle organised crime – Home Office

‘A new strategy aimed at tackling the growing threat of serious and organised crime has been announced by the Home Secretary as the government steps up action to clamp down on criminal gangs operating in and against the UK.’

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Home Office, 13th December 2023

Source: www.gov.uk