Recent Statutory Instruments – legislation.gov.uk

Posted June 30th, 2011 in legislation by sally

The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 2) (England) Order 2011

The National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2011

The Income Tax (Earnings and Pensions) Act 2003 (Section 684(3A)) Order 2011

The Income Tax (Pay As You Earn) (Amendment) (No.3) Regulations 2011

The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 2) (England) Order 2011

The Finance Act 2009 (Consequential Amendments) Order 2011

Source: www.legislation.gov.uk

Judge blocks families’ Iraq compensation bid – The Guardian

Posted June 30th, 2011 in armed forces, compensation, families, human rights, negligence, news by sally

“A high court judge has blocked attempts by families of soldiers killed in Iraq to seek compensation from the government under human rights legislation.”

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The Guardian, 30th June 2011

Source: www.guardian.co.uk

‘Whole life’ term for hair fetish killer – The Independent

Posted June 30th, 2011 in extradition, murder, news, sentencing by sally

“A hair fetishist has been given a ‘whole life’ jail sentence for the ‘depraved’ and ‘callous’ murder and mutilation of a mother of two.”

Full story

The Independent,

Source: www.independent.co.uk

Emergency law to overturn court ruling on police bail – The Guardian

Posted June 30th, 2011 in bail, detention, legislation, news, police by sally

“Emergency legislation is to be introduced to overturn a court ruling that has severely restricted police powers to detain suspects for questioning and plunged police bail laws into chaos.”

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The Guardian, 30th June 2011

Source: www.guardian.co.uk

Regina (G) v Governors of X School (Secretary of State for the Home Department intervening) – WLR Daily

Regina (G) v Governors of X School (Secretary of State for the Home Department intervening) [2011] UKSC 30; [2011] WLR (D) 211

“A teaching assistant accused of acts of abuse of trust with a pupil was not entitled to legal representation in school disciplinary proceedings which might lead to a referral to the Independent Safeguarding Authority, which could bar him from working with children.”

WLR Daily, 29th June 2011

Source: www.iclr.co.uk

New independent assessor of compensation appointed – Ministry of Justice

Posted June 30th, 2011 in civil servants, compensation, miscarriage of justice, news by sally

“Right Honourable Dame Janet Smith DBE has been appointed to succeed Lord Brennan of Bibury QC as the independent Assessor for miscarriages of justice compensation for England and Wales.The Assessor is appointed under schedule 12 of the Criminal Justice.”

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Ministry of Justice, 29th June 2011

Source: www.justice.gov.uk

Bar Council stands firm on Bellfield trial backlash – Law Society’s Gazette

Posted June 30th, 2011 in barristers, defence, news by sally

“The Bar Council has warned that defence lawyers may feel inhibited about taking on high-profile trials that could potentially see them vilified by the media, following coverage of the trial of Levi Bellfield last week.”

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Law Society’s Gazette, 30th June 2011

Source: www.lawgazette.co.uk

Theresa May acts over banned activist in UK – The Independent

Posted June 30th, 2011 in immigration, news by sally

“Home Secretary Theresa May ordered an investigation today after a leading Palestinian activist accused of a history of ‘virulent anti-semitism’ entered the UK despite being banned.”

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The Independent, 29th June 2011

Source: www.independent.co.uk

Inquiry launched after police turn up at midnight to question 13-year-old who ‘threw apple’ – Daily Telegraph

Posted June 30th, 2011 in assault, children, complaints, inquiries, news, police by sally

“A police force has launched an inquiry to discover why two of its officers went to the home of a 13-year-old schoolboy at nearly midnight to question him about throwing an apple at a fellow pupil.”

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Daily Telegraph, 30th June 2011

Source: www.telegraph.co.uk

Ken Clarke announces £20m fund after criticism of legal aid cuts – The Guardian

Posted June 30th, 2011 in law centres, news by sally

“A £20m fund is to be created to help law centres and advice services threatened by the government’s plan to cut legal aid, the justice secretary has announced.”

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The Guardian, 29th June 2011

Source: www.guardian.co.uk

‘Whitebirk witches’ given anti-social behaviour orders – BBC News

Posted June 30th, 2011 in ASBOs, children, news, young offenders by sally

“Two girls who were known as the ‘Whitebirk witches’ have been given anti-social behaviour orders (Asbos) for terrorising their neighbours.”

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BBC News, 29th June 2011

Source: www.bbc.co.uk

News focus: our analysis of the legal aid and sentencing bill – Law Society’s Gazette

Posted June 30th, 2011 in bills, civil servants, legal aid, news by sally

“A close reading of the Legal Aid, Sentencing and Punishment of Offenders Bill has left many lawyers, campaign groups and politicians who support the legal aid system more worried than ever about future provision.”

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Law Society’s Gazette, 30th June 2011

Source: www.lawgazette.co.uk

Torture row: Handing over prisoners ‘appropriate and lawful’ – government – The Guardian

“British intelligence officers who question prisoners at risk of torture while in the hands of foreign governments are committing no offence, lawyers for the government have argued at the high court.”

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The Guardian, 29th June 2011

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted June 29th, 2011 in parliamentary papers by sally

Scotland Office and Office of the Advocate General for Scotland: Annual Report 2011, Cm 8102 (PDF)

Higher Education: Students at the Heart of the System, Cm 8122 (PDF)

Source: www.official-documents.gov.uk

‘Hair in hand’ case: Danilo Restivo guilty of Heather Barnett murder – The Guardian

Posted June 29th, 2011 in extradition, murder, news, sentencing by sally

“A man with a fetish for surreptitiously cutting locks of hair from girls and women has been found guilty of murdering a British seamstress and now faces extradition over the killing of a teenager in Italy.”

Full story

The Guardian, 29th June 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 29th, 2011 in law reports by sally

Supreme Court

G, R (on the application of) v X School [2011] UKSC 39 (29 June 2011)

Court of Appeal (Criminal Division)

Parchment v R. [2011] EWCA Crim 1391 (09 June 2011)

Killick, R. v [2011] EWCA Crim 1608 (29 June 2011)

Saunders, R v [2011] EWCA Crim 1571 (29 June 2011)

C v R. [2011] EWCA Crim 1607 (29 June 2011)

Brown v R. [2011] EWCA Crim 1606 (29 June 2011)

Court of Appeal (Civil Division)

Telegraph Media Group Ltd. v Thornton [2011] EWCA Civ 748 (22 June 2011)

Astellas Pharma Ltd & Ors v Stop Huntingdon Animal Cruelty (SHAC) & Ors [2011] EWCA Civ 752 (29 June 2011)

Medway Primary Care Trust & Anor v Marcus [2011] EWCA Civ 750 (29 June 2011)

Khan v Coventry Magistrates’ Court & Anor [2011] EWCA Civ 751 (29 June 2011)

High Court (Queen’s Bench)

Miscela Ltd & Ors v Coffee Republic Retail Ltd [2011] EWHC 1637 (QB) (23 June 2011)

High Court (Chancery Division)

London Borough of Brent v Shulem B Association Ltd [2011] EWHC 1663 (Ch) (29 June 2011)

High Court (Technology and Construction Court)

Harooni & Anor v Rustins Ltd [2011] EWHC 1632 (TCC) (29 June 2011)

Source: www.bailii.org

Government to close squatters’ legal aid loophole – Ministry of Justice

Posted June 29th, 2011 in bills, budgets, legal aid, news, squatting by sally

“Squatters will no longer get legal aid to fight home owners trying to evict them from their properties, under proposals set out in the Sentencing, Legal Aid and Punishment of Offenders Bill which has it’s second reading in the House of Commons today.”

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Ministry of Justice, 29th June 2011

Source: www.justice.gov.uk

Legal aid awards: Doreen Lawrence presents prizes at upbeat ceremony – The Guardian

Posted June 29th, 2011 in barristers, legal aid, news, solicitors by sally

“Despite £350m cuts threatening the entire legal aid system, the focus was on its lawyers’ many achievements.”

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The Guardian, 29th June 2011

Source: www.guardian.co.uk

Right to self-defence in homes to be ‘much clearer’ – BBC News

Posted June 29th, 2011 in burglary, legislation, news, self-defence by sally

“Justice Secretary Ken Clarke has said a householder who knifes a burglar will not have committed a criminal offence under plans to clarify the law on self-defence in England.”

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BBC News, 29th June 2011

Source: www.bbc.co.uk

Court ruling on bail ‘a disaster’, say police – The Guardian

Posted June 29th, 2011 in bail, courts, detention, legislation, news, police by sally

“The home secretary, Theresa May, is considering whether emergency legislation to stem growing concern among senior police officers over their ability to hold suspects is needed in the wake of a court ruling.”

Full story

The Guardian, 29th June 2011

Source: www.guardian.co.uk