Juries need to be taught about the reality of rape, says DPP – The Independent

Posted May 7th, 2014 in evidence, judiciary, juries, news, rape by sally

‘Judges should warn juries about the common misconceptions people have about rape before they are allowed to hear any evidence, two of the leading figures in the fight against sex crime say today.’

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The Independent, 6th May 2014

Source: www.independent.co.uk

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Mark Elliott: Judicial Review Reform — The Report of the Joint Committee on Human Rights – UK Constitutional Law Association

‘Earlier this week, the parliamentary Joint Committee on Human Rights has published its report on The implications for access to justice of the Government’s proposals to reform judicial review (HL 174 HC 868 2013-14). The report is, perhaps unsurprisingly, generally critical of the proposals and of the way in which they have been or are being introduced. I have already summarised the proposals and commented on some of them in earlier posts. In this post, I draw attention to some key passages in the JCHR’s report, commenting on them briefly and, at the end of the piece, offering some reflections on some of the underlying constitutional issues highlighted by the Committee.’

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UK Constitutional Law Association, 1st May 2014

Source: www.ukconstitutionallaw.org

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First victims spared harrowing court room under pre-recorded evidence pilot – Ministry of Justice

‘The first ever case allowing vulnerable victims and witnesses to give evidence ahead of the trial will start tomorrow.’

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Ministry of Justice, 28th April 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Vulnerable witnesses allowed to give evidence pre-trial – BBC News

‘Vulnerable witnesses can give evidence before a trial starts from Monday as part of a pilot scheme in three Crown Courts in England.’

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BBC News, 28th April 2014

Source: www.bbc.co.uk

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JA (Afghanistan) v Secretary of State for the Home Department – WLR Daily

Posted April 14th, 2014 in appeals, asylum, evidence, immigration, law reports, tribunals by sally

JA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 450; [2014] WLR (D) 163

‘Although a tribunal adjudicating on an asylum appeal did not have power, in the absence of express statutory provision, to exclude relevant evidence in the form of records of the asylum applicant’s interviews, it was required by the common law principle of fairness to consider with care how much weight should be attached to such evidence, having regard to the circumstances in which it came into existence, and the extent to which reliance could properly be placed on the applicant’s answers.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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Nigel Evans verdict casts doubt over CPS decisions in sexual assault cases – The Guardian

Posted April 11th, 2014 in Crown Prosecution Service, evidence, news, prosecutions, sexual offences by sally

‘Former Commons deputy speaker’s acquittal suggests CPS may be too willing to bring charges when evidence is not very strong’

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The Guardian, 10th April 2014

Source: www.guardian.co.uk

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Judges criticise police over ‘bizarre’ penis ID request – Daily Telegraph

‘Sex attacker Kelvyn Lester, 47, declined to take medication for erectile dysfunction so officers could photograph his penis for an identification procedure.’

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Daily Telegraph, 7th April 2014

Source: www.telegraph.co.uk

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Regina v Achogbuo – WLR Daily

‘An application for permission to appeal against a conviction on grounds of previous incompetent representation by solicitors or counsel should not be made without taking proper steps to inquire whether there was a cogent objective basis for the proposed ground of appeal. It was impermissible to rely alone on the word of the defendant.’

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WLR Daily, 19th March 2014

Source: www.iclr.co.uk

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Gohil v Gohil (No 2) – WLR Daily

Gohil v Gohil (No 2): [2014] EWCA Civ 274; [2014] WLR (D)  126

‘It was not open to a first instance judge in family proceedings to set aside a financial relief order solely on the basis that there was fresh evidence sufficient to satisfy the guidelines which applied to the admission of fresh evidence in the Court of Appeal.’

WLR Daily, 13th March 2014

Source: www.iclr.co.uk

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Police bid to obtain journalistic material refused – Supreme Court – UK Human Rights Blog

Posted March 14th, 2014 in closed material, disclosure, evidence, news, police by tracey

‘R (on the application of British Sky Broadcasting Limited) (Respondent) v The Commissioner of Police of the Metropolis (Appellant) [2014] UKSC 17. This was an appeal from a ruling by the Administrative Court that it was procedurally unfair, and therefore unlawful, for BSkyB to have had a disclosure order made against it without full access to the evidence on which the police’s case was based and the opportunity to comment on or challenge that evidence.’

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UK Human Rights Blog, 13th March 2014

Source: www.ukhumanrightsblog.com

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Regina (British Sky Broadcasting Ltd) v Central Criminal Court (B and another intervening) – WLR Daily

Posted March 14th, 2014 in closed material, disclosure, evidence, law reports, news, police by tracey

Regina (British Sky Broadcasting Ltd) v Central Criminal Court (B and another intervening); [2014] UKSC 17;  [2014] WLR (D)  123

‘On the hearing of an application by a police officer for a production order under section 9 of, and Schedule 1 to, the Police and Criminal Evidence Act 1984, seeking access to journalistic material held by a news organisation for the purposes of an investigation into an alleged offence, the court could not have regard to evidence adduced by the police in support of the application which had not been disclosed to the news organisation.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

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From “Shaken Baby Syndrome” to “Non-Accidental Head Injury” – The Continuing Research and the Law – Family Law Week

‘David Bedingfield of 4 Paper Buildings charts the recent history of scientific research into serious non-accidental head injuries suffered by babies and the response of the family and criminal courts in England and Wales.’

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Family Law week, 11th March 2014

Source: www.familylawweek.co.uk

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Regina (Ali) v Secretary of State for Justice; Regina (Dennis) v Same; Regina (Tunbridge) v Same – WLR Daily

Regina (Ali) v Secretary of State for Justice; Regina (Dennis) v Same; Regina (Tunbridge) v Same [2014] EWCA Civ 194; [2014] WLR (D) 103

‘In determining whether an individual, whose conviction had been quashed on the basis of new evidence, qualified for compensation under section 133 of the Criminal Justice Act 1988 on the ground of miscarriage of justice, the Secretary of State for Justice was required to make a decision by applying the statutory test in accordance with Supreme Court guidance to the facts of the particular case. Those facts could include events which postdated the quashing of the conviction in the event that further facts of relevance to the application of the statutory test arose. The Secretary of State might come to his own view, having regard to the terms of the judgment by the Court of Appeal (Criminal Division) quashing the conviction, and provided the decision did not conflict with that judgment. The decision was then amenable to judicial review on conventional grounds of challenge, not merely because the court would have reached a different view. Save in exceptional circumstances, it should not be necessary for the court to engage in a detailed review of the facts.’

WLR Daily, 27th February 2014

Source: www.iclr.co.uk

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Beeres v. The CPS – Criminal Law and Justice Weekly

Posted March 3rd, 2014 in appeals, assault, domestic violence, evidence, legal representation, news, police by sally

‘Anita Beeres was convicted of assault for beating her partner John Leeson with a baseball bat during an argument at her home. Mr Leeson himself did not complain nor did he give evidence. (History does not relate how then Ms Beeres was arrested.) The only evidence against Ms Beeres was her confession, first at the time of her arrest and then again when interviewed at the police station.’

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Criminal Law and Justice Weekly, 28th February 2014

Source: www.criminallawandjustice.co.uk

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New evidence delays coroner’s ruling on death of soldier who said she was raped – The Guardian

Posted February 25th, 2014 in armed forces, disclosure, evidence, inquests, news, rape by sally

‘A coroner’s ruling into the death of a soldier who said she had been raped and bullied has been unexpectedly delayed after lawyers for the military revealed they had uncovered new documents, including a reference to a diary and mobile phones the woman’s family say were never passed to them.’

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The Guardian, 24th February 2014

Source: www.guardian.co.uk

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Fact or Friction – Horner v Norman – Zenith Chambers

Posted February 14th, 2014 in accidents, evidence, expert witnesses, negligence, news, personal injuries, road traffic by sally

‘It can be difficult at the best of times to establish liability in claims involving pedestrians. Expert evidence should, hopefully, make the task easier, but this case is a useful reminder that even seemingly robust expert evidence may not be enough for a party to succeed.’

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Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

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The Doctor’s Note – Zenith Chambers

Posted February 14th, 2014 in adjournment, evidence, expert witnesses, health, medical treatment, news by sally

‘We are all sadly familiar with the last-minute application for an adjournment backed
by a doctor’s note, on the grounds that the defendant, claimant or important witness
is unfit to attend Court. Almost inevitably, the note in question is unsatisfactory or
insufficient. It frequently takes the jejune form of “Mrs X is suffering from an anxiety
state and is unfit to attend Court”, and that is all.’

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Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

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Regina (Khan) v Secretary of State for the Home Department – WLR Daily

Posted February 13th, 2014 in appeals, deportation, evidence, immigration, law reports by sally

Regina (Khan) v Secretary of State for the Home Department [2014] EWCA Civ 88; [2014] WLR (D) 60

‘The word “matter” in section 96(1)(b) of the Nationality, Immigration and Asylum Act 2002 was to be interpreted broadly to include both evidence and issues.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

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Open Access version of the Digital Evidence and Electronic Signature Law Review – IALS

Posted February 6th, 2014 in evidence, libraries, news by sally

‘Building on successful work with the School of Advanced Study’s Open Journals System, a project is in progress at the Institute of Advanced Legal Studies (IALS) to develop an Open Access version of the Digital Evidence and Electronic Signature Law Review.

Established in 2004, the Digital Evidence and Electronic Signature Law Review brings articles, legal developments and case reports to academics, practitioners and the industry in relation to digital evidence and electronic signatures from across the world.

This Open Access version of Digital Evidence and Electronic Signature Law Review is being developed by Stephen Mason (founder, publisher and general editor) with the Institute on the SAS Open Journals System – further raising the visibility and accessibility of the journal and its contents.

Our exciting project, through SAS OJS, will safeguard free online access to all the back issues for legal researchers, support the publication of publicly available future issues and help stimulate new areas of legal discussion and scholarship.

The full back run of published volumes is now available on the service and we are beginning work on Volume 11 : 2014 as a “Born Digital” Open Access publication.’

The Digital Evidence and Electronic Signature Law Review

IALS, 6th February 2014

Source: www.ials.sas.uk

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Woman falls to death days after man accused of raping her is cleared – Daily Telegraph

Posted February 4th, 2014 in complaints, evidence, news, police, rape, suicide by sally

‘The Independent Police Complaints Commission is to investigate the death of a woman who twice gave evidence in the trial of a man accused of raping her.’

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Daily Telegraph, 3rd February 2014

Source: www.telegraph.co.uk

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