Regina v Anwar (Umar) and others [2016] EWCA Crim 551 – WLR Daily

Regina v Anwar (Umar) and others [2016] EWCA Crim 551

‘The victim was telephoned and offered a supply of cannabis, as a result of which he drove to the appointed place where he got into a silver car, joining the three occupants, to complete the purchase. The front passenger pointed a shotgun at his face while the driver brandished a knife. As the victim attempted to escape two men exited a white van nearby and attempted to take his car. The man with the shotgun fired two shots but the victim escaped. Six defendants stood trial on charges of attempted murder, conspiracy to commit robbery and possession of a firearm with intent to commit robbery. The Crown argued that this was a well-planned criminal enterprise as shown on the CCTV footage and by the frequent mobile phone calls between the defendants which showed that all the robbers had the necessary knowledge that a firearm was to be carried with the intention that it should be used during the course of the robbery with the required, if conditional, intention to kill. The trial judge ruled that, although there was a case for all defendants to answer in respect of the count of conspiracy to rob, there was no case in relation to attempted murder and possession of a firearm with intent because there was no evidence to establish a prima facie case as to (a) any particular defendant being in the silver car; (b) any particular defendant holding the shotgun either in the silver car or when the shots were fired; or (c) crucially, any particular defendant being aware, by the time of travelling to the scene, that the shotgun was loaded, or that he was intending that it should be used if necessary specifically to kill. The Crown appealed against the judge’s ruling, pursuant to the provisions of section 58 of the Criminal Justice Act 2003.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

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Speech by Lord Justice Jackson: Concurrent Expert Evidence – Courts and Tribunals Judiciary

Posted July 1st, 2016 in evidence, expert witnesses, lectures, pilot schemes by tracey

‘In this lecture I shall concentrate on one particular Australian invention, which we are now copying in England and Wales. That is concurrent expert evidence.’

Full speech

Courts and Tribunals Judiciary, 30th June 2016

Source: www.judiciary.gov.uk

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Domestic violence consultation deadline looms – Legal Voice

Posted June 29th, 2016 in consultations, domestic violence, evidence, legal aid, news by sally

‘The Ministry of Justice is undertaking national research as to the fitness for purpose of the legal aid domestic violence (DV) evidence requirements. The Ministry of Justice (MoJ) research follows the earlier successful challenge by Rights of Women (R (Rights of Women) v Secretary of State for Justice [2016] EWCA CIV91).’

Full story

Legal Voice, 29th June 2016

Source: www.legalvoice.org.uk

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Party penalised in case ‘crying out’ for sensible negotiation – Law Society’s Gazette

Posted June 27th, 2016 in costs, disclosure, dispute resolution, documents, evidence, news by sally

‘The High Court has sent a strong message about non-disclosure and failing to negotiate by penalising a party over costs.’

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Law Society’s Gazette, 25th June 2016

Source: www.lawgazette.co.uk

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Family President orders re-hearing of fact finding in case where boy adopted – Local Government Lawyer

Posted June 23rd, 2016 in adoption, children, evidence, family courts, news by sally

‘The President of the Family Division has ordered the re-opening of a finding of fact hearing in care proceedings where a boy was later adopted.’

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Local Government Lawyer, 22nd June 2016

Source: www.localgovernmentlawyer.co.uk

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Home Office loses test case on asylum seekers ‘who look 18 or older’ – The Guardian

Posted June 20th, 2016 in asylum, children, detention, evidence, immigration, local government, news, statistics by tracey

‘A test case judgment has been handed down in the high court preventing the Home Office from detaining child asylum seekers just because officials think they look 18 or older.’

Full story

The Guardian, 20th June 2016

Source: www.guardian.co.uk

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They think they’ve got away: How to catch a historical sex offender – BBC News

‘Sex offenders think they’ll get away with it. And often they do. Sometimes it can take years to bring them to justice, while others escape retribution altogether. So how do you go about making sure perpetrators of horrendous crimes committed in the distant past are caught and convicted?’

Full story

BBC News, 20th June 2016

Source: www.bbc.co.uk

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CPS will not bring charges against MI6 over rendition of Libyan families – The Guardian

‘Prosecutors are set to announce that they are bringing no charges following a police investigation into MI6’s involvement in the kidnapping of two families who were “rendered” to the late Libyan dictator Muammar Gaddafi’s prisons, despite protests by the victims and their lawyers that the evidence against the agency is overwhelming.’

Full story

The Guardian, 8th June 2016

Source: www.guardian.co.uk

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Hillsborough: 19 people refuse to help IPCC inquiry – The Guardian

‘Nineteen people have refused to assist an independent investigation into the role of West Midlands police after the Hillsborough disaster.’

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The Guardian, 2nd June 2016

Source: www.guardian.co.uk

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Juries could enter virtual crime scenes following research – BBC News

Posted May 24th, 2016 in computer programs, criminal procedure, evidence, juries, news by sally

‘Virtual reality technology used in the gaming industry could be adapted to recreate crime scenes for juries, researchers have claimed.’

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BBC News, 24th May 2016

Source: www.bbc.co.uk

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IPCC launches inquiry into collapse of gang-rape case – The Guardian

Posted May 19th, 2016 in complaints, disclosure, evidence, inquiries, news, police, rape by sally

‘The police watchdog is to examine a flawed investigation of an alleged gang-rape at a university ball that collapsed as the trial of four young men accused of the crime was about to start.’

Full story

The Guardian, 18th May 2016

Source: www.guardian.co.uk

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NHSLA ordered to pay indemnity costs for surveillance video “ambush” – Litigation Futures

‘The NHS Litigation Authority (NHSLA) has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated.’

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Litigation Futures, 16th May 2016

Source: www.litigationfutures.com

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UK government to provide guidance on obtaining website blocking orders in copyright cases – OUT-LAW.com

‘The UK government will help rights holders to clamp down on online copyright infringement by explaining what evidence they will need to build up to win website blocking orders before the courts, according to new plans it has set out.’

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OUT-LAW.com, 16th May 2016

Source: www.out-law.com

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Ted Heath investigation to continue after probe into police misconduct finds no evidence of wrongdoing – The Independent

‘Police have vowed to continue their investigation into allegations of child sex abuse by the late Sir Edward Heath after several people responded to an appeal for information.’

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The Independent, 12th May 2016

Source: www.independent.co.uk

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Evidential flexibility policy is additional to the provisions of the Immigration Rules – Free Movement

Posted May 11th, 2016 in appeals, documents, evidence, immigration, news by sally

‘In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that a Tier 1 Entrepreneur might benefit from a policy on evidential flexibility that was “much broader” than the rules themselves. The case is SH (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 426.’

Full story

Free Movement, 11th May 2016

Source: www.freemovement.org.uk

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Detective criticised for ‘getting too close’ in alleged rape case – The Guardian

Posted May 10th, 2016 in Crown Prosecution Service, disclosure, evidence, news, police, rape by sally

‘A senior judge has criticised a police detective and the Crown Prosecution Service for their handling of an accusation of gang rape after the case against four young men collapsed just as their trial was due to begin.’

Full story

The Guardian, 9th May 2016

Source: www.guardian.co.uk

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South Yorkshire PCC Alan Billings to investigate Hillsborough police ‘spin’ – BBC News

‘South Yorkshire’s re-elected police and crime commissioner will investigate claims that a former police press officer was asked to “spin” news during the Hillsborough inquests.’

Full story

BBC News, 7th May 2016

Source: www.bbc.co.uk

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Police accused of ‘stark errors’ and ‘cherry picking’ in university rape case – The Independent

‘Police made “stark errors” during an investigation into four young men accused of gang rape, a court has heard.’

Full story

The Independent, 27th April 2016

Source: www.independent.co.uk

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Hillsborough inquest timeline: the long wait for justice – The Guardian

‘The families of the 96 people fatally injured at the 1989 FA Cup semi-final have been fighting for the truth for 27 years.’

Full story

The Guardian, 26th April 2016

Source: www.guardian.co.uk

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Credit Hire – Defendant Entitled To Summary Judgment When Claimant Could Not Establish Need – Zenith PI Blog

‘HHJ Armstrong refused the Claimant’s application for permission to appeal the decision of District Judge Read that the Defendant was entitled to summary judgment when the Claimant could not establish need in relation to a vehicle he had hired.’

Full story

Zenith PI Blog, 27th April 2016

Source: www.zenithpi.wordpress.com

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