COVID-19: Managing health and risk whilst in police custody – Law Society’s Gazette

Posted March 18th, 2020 in codes of practice, coronavirus, detention, health, health & safety, news, police by sally

‘At the time of this article, according to officials, the criminal justice system continues to operate “as normal”. Whilst it is to be expected that non-essential trials will likely be delayed, certain components of the justice system cannot simply be deferred – crime happens no less in times of pandemic. Police custody is one such area where the wheels will need to continue to turn regardless of COVID-19.’

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Law Society's Gazette, 18th March 2020

Source: www.lawgazette.co.uk

Secret policy change by CPS cut number of rape trials, high court told – The Guardian

‘A legal challenge over alleged changes to Crown Prosecution Service policy on bringing charges in rape cases has been dismissed by the high court.’

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The Guardian, 17th March 2020

Source: www.theguardian.com

Presidential Guidance in Connection with the Conduct of Employment Tribunal Proceedings During the COVID-19 Pandemic – Tribunals Judiciary

‘This Guidance is issued in accordance with Rule 7 of the Employment Tribunals Rules of Procedure (“the Rules”). The Rules are set out in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’

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Tribunals Judiciary, 18th March 2020

Source: www.judiciary.uk

HMCTS issues guidance for courts and tribunals users during coronavirus outbreak – Local Government Lawyer

‘HM Courts and Tribunals Service has today (13 March) issued guidance for all court and tribunal users during the coronavirus outbreak.’

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Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Information watchdog warns of dangers of school photos and wrongful disclosure of personal data – Local Government Lawyer

‘The Information Commissioner’s Office has issued two reprimands, or legal warnings, to schools for wrongly disclosing the personal data of children.’

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Local Government Lawyer, 11th March 2020

Source: www.localgovernmentlawyer.co.uk

Court approval needed to start CoP litigation, says judge – Law Society’s Gazette

‘Deputies acting for incapacitated clients should seek permission from the court if they want to start litigation on their behalf, a judge has indicated.’

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Law Society's Gazette, 9th March 2020

Source: www.lawgazette.co.uk

Police to reform approach to search warrants following backlash to failed Operation Midland paedophile investigation – The Independent

‘Police are overhauling the way they handle search warrants following the botched Operation Midland investigation into what was wrongly thought to be a Westminster paedophile ring.’

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The Independent, 6th March 2020

Source: www.independent.co.uk

Victims given right to challenge attackers’ release from prison in new code – The Independent

‘Victims of violent and sexual offences are being given the automatic right to challenge their attackers’ release and apply for restrictions to protect themselves.’

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The Independent, 5th March 2020

Source: www.independent.co.uk

Civil Justice Council proposes rule changes to ensure consideration of vulnerability of people in civil proceedings – Local Government Lawyer

‘The Civil Justice Council has proposed rule changes that would further ensure that all civil judges, parties and advocates consider vulnerability of people involved in civil proceedings.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

Financial Remedies Courts – Law Society’s Gazette

‘The Financial Remedies Courts (FRCs) have been established as a subsidiary structure within the Family Court. In November 2019, two documents were published: Overall Structure Of The Financial Remedies Courts And The Role And Function Of The Lead Judge, and Financial Remedies Courts Good Practice Protocol. It is the protocol which is essential reading for family law practitioners.’

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Law Society's Gazette, 24th February 2020

Source: www.lawgazette.co.uk

Rules urgently needed to oversee police use of data and AI – report – The Guardian

‘National guidance is urgently needed to oversee the police’s use of data-driven technology amid concerns that it could lead to discrimination, a report has said.’

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The Guardian, 23rd February 2020

Source: www.theguardian.com

Lawyers urged to use the law to fight climate change – Legal Futures

‘An independent collaboration of lawyers, calling itself the Chancery Lane Project, is to publish a set of model laws and contract clauses later this month to help the profession around the world fight climate change.’

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Legal Futures, 20th February 2020

Source: www.legalfutures.co.uk

Mediation: untangling knotty problems – Counsel

Posted February 21st, 2020 in barristers, civil justice, codes of practice, dispute resolution, news by sally

‘What’s the most voiced complaint about litigators, the Bar in particular, going into mediation? Some best practice points emerged from the recent Civil Mediation Council Conference – writes Rawdon Crozier.’

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Counsel, February 2020

Source: www.counselmagazine.co.uk

Housing Ombudsman issues guidance for landlords on responding to complaints – Local Government Lawyer

‘The Housing Ombudsman has published new guidance notes aimed at assisting landlords with policies and in responding to complaints.’

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Local Government Lawyer, 12th February 2020

Source: www.localgovernmentlawyer.co.uk

The Separate Representation of Children: Part 1 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 2nd February 2020

Source: www.familylawweek.co.uk

The Separate Representation of Children: Part 2 – Family Law Week

‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’

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Family Law Week, 3rd February 2020

Source: www.familylawweek.co.uk

Rogue surgeon report does not pretend there are easy answers – The Guardian

‘Report makes some sensible recommendations but critics say it could have gone further.’

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The Guardian, 4th February 2020

Source: www.theguardian.com

Abbreviated age assessment of Afghan national carried out by council was unlawful, High Court rules – Local Government Lawyer

Posted January 27th, 2020 in Afghanistan, asylum, children, codes of practice, immigration, local government, news by sally

‘A council’s assessment of an Afghan national’s age, based on his physical appearance and demeanour, was unlawful because the abbreviated assessment undertaken failed to adequately acknowledge the potential margin for error and give him the corresponding benefit of the doubt, a High Court judge has found.’

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Local Government Lawyer, 24th January 2020

Source: www.localgovernmentlawyer.co.uk

Unregulated accommodation – Family Law Week

‘Chris MacDonald, Children’s Guardian at CAFCASS, considers the issues arising when a young person is placed in semi-independent accommodation.’

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Family Law Week, 24th January 2020

Source: www.familylawweek.co.uk

Paul Canfield discusses the impact of PS, Abdi Dahir, CF v R [2019] EWCA Crim 2286 – Broadway House Chambers

Posted January 22nd, 2020 in appeals, codes of practice, mental health, news, sentencing by sally

‘It is widely recognised that mental health disorders may be relevant to sentencing. However, there is currently no definitive guideline that can be used in relation to the sentencing of offenders with mental health conditions and disorders. Although the Sentencing Council is currently working towards a definitive guideline that will set out overarching principles, draft guidelines should not be used by a sentencer (see, eg, Boakye [2013] 1 Cr App R (S) 2 and Connelly [2018] 1 Cr App R (S) 19). So where does that leave an offender facing sentencing who live with a mental disorder or learning difficulty where it may have a substantial impact?’

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Broadway House Chambers, 15th January 2020

Source: broadwayhouse.co.uk