New Judgment: HA (Iraq) (Respondent) v Secretary of State for the Home Department (Appellant) RA (Iraq) (Respondent) v Secretary of State for the Home Department (Appellant) AA (Nigeria) (Respondent) v Secretary of State for the Home Department (Appellant) [2022] UKSC 22 – UKSC Blog

‘These three conjoined appeals concern the statutory regime governing the deportation of foreign criminals under section 117C of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). A “foreign criminal” for the purposes of these appeals is a person who is not a British citizen, is convicted in the UK of an offence, and who is sentenced to a period of imprisonment of at least 12 months. The 2002 Act divides foreign criminals who have been sentenced to terms of imprisonment into two categories. Those sentenced to at least 12 months, but less than four years (“medium offenders”), can avoid deportation if they can establish that its effect on a qualifying child or partner would be “unduly harsh” (“the unduly harsh test”). This is known as Exception 2. Exception 1, which relates to length of lawful residence and integration, is not in issue in this appeal. Those sentenced to at least four years (“serious offenders”) can avoid deportation if they establish that there are “very compelling circumstances, over and above those described in Exceptions 1 and 2” (“the very compelling circumstances test”). Whether deportation would produce unduly harsh effects for a qualifying partner/child is relevant there too.’

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UKSC Blog, 20th July 2022

Source: ukscblog.com

Criminal courts face further disruption as barristers strike for fourth week – The Independent

‘Barristers have walked out for a fourth week as industrial action continues at courts around the country.’

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The Independent, 18th July 2022

Source: www.independent.co.uk

Max Hill QC’s opening speech to the Heads of Prosecuting Agencies Conference – Crown Prosecution Service

‘Max Hill QC’s opening speech to the Heads of Prosecuting Agencies Conference.’

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Crown Prosecution Service, 12th July 2022

Source: www.cps.gov.uk

Reforms to protect victims of intimate image abuse, criminalising “downblousing” and sharing pornographic deepfakes without consent – Law Commission

Posted July 11th, 2022 in consent, criminal justice, Law Commission, news, pornography, victims, voyeurism by tracey

‘The Law Commission of England and Wales has today proposed new recommendations to strengthen the law to protect victims of intimate image abuse.’

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Law Commission, 7th July 2022

Source: www.lawcom.gov.uk

Prisoners denied access to forensic evidence in bid to prove their innocence – The Guardian

‘Prisoners convicted of serious crimes who may be the victims of miscarriages of justice are being blocked from access to crucial forensic information that could prove their innocence, experts have warned.’

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The Guardian, 11th July 2022

Source: www.theguardian.com

Criminal courts face disruption as barristers strike for second week – The Independent

‘Barristers have accused the Government of “refusing” to negotiate as strikes continue at criminal courts around the country for a second week.’

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The Independent, 4th July 2022

Source: www.independent.co.uk

A Response to the Criminal Justice Joint Evidence Review: Neurodiversity in the Criminal Justice System action plan – Ministry of Justice

‘In December 2020, the Lord Chancellor and Secretary of State for Justice commissioned HM Inspectorate of Prisons and HM Inspectorate of Probation, with support from HMICFRS, to undertake an independent review of neurodiversity in the criminal justice system (CJS).’

Full plan

Ministry of Justice, 30th June 2022

Women accused of illegal abortions in England and Wales after miscarriages and stillbirths – The Guardian

Posted July 4th, 2022 in abortion, criminal justice, news, pregnancy by tracey

‘Women in England and Wales who have suffered miscarriages or stillbirths are being investigated by police on suspicion of having illegal abortions, with some forced to hand over their phones and laptops for invasive “digital strip searches”.’

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The Guardian, 2nd July 2022

Source: www.theguardian.com

Courts ‘in limbo’ as barristers strike for second week – BBC News

‘Criminal cases in courts across England and Wales face further disruption as barristers enter a second week of strike action. The walkouts began last week in a long-running dispute over pay and conditions.’

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BBC News, 4th July 2022

Source: www.bbc.co.uk

Criminal legal aid fee increases a welcome first step, but next stages critical to rebuilding justice system, says Bar Council – The Bar Council

Posted July 1st, 2022 in barristers, budgets, criminal justice, fees, legal aid, news by tracey

‘The Government has announced the next steps in the criminal legal aid review including a Statutory Instrument to be laid in Parliament by 21 July to bring in a fee increase of 15% for the Advocates’ Graduated Fee Scheme (AGFS – i.e. the fees paid to barristers) from 30 September 2022.’

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The Bar Council, 30th June 2022

Source: www.barcouncil.org.uk

Watchdogs condemn police response to domestic abuse claims against officers – The Guardian

‘Police forces in England and Wales are responding to reports of their own officers committing domestic abuse in a way that is “significantly harming the public interest”, with just 9% of such allegations leading to criminal charges, a joint watchdog investigation has found.’

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The Guardian, 30th June 2022

Source: www.theguardian.com

‘The system is in crisis’: barristers make their case as strike begins – The Guardian

Posted June 28th, 2022 in barristers, criminal justice, Crown Court, industrial action, legal aid, news by sally

”Usually one of the busiest courts in the country, the corridors of Manchester crown court were unusually quiet.’

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The Guardian, 27th June 2022

Source: www.theguardian.com

Barristers walk out of courts in strike over legal aid funding – BBC News

‘Barristers will walk out of courts across England and Wales on Monday in a dispute over legal aid funding. During the strikes, they will not accept new cases or take on work for colleagues whose cases have overrun.’

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BBC news, 27th June 2022

Source: www.bbc.co.uk

Criminal barristers vote to strike over pay rates – BBC News

‘Criminal barristers have voted to strike in an escalating dispute with the government over funding for trials.’

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BBC News, 20th June 2022

Source: www.bbc.co.uk

Criminal legal aid fees will increase ‘by end of September’ – Law Society’s Gazette

‘The government has revealed that it hopes to lay secondary legislation shortly that would see criminal legal aid fees increase by the end of September.’

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Law Society's Gazette, 17th June 2022

Source: www.lawgazette.co.uk

Speech by the Lord Chief Justice: Slynn Lecture – Courts and Tribunals Judiciary

Posted June 17th, 2022 in coronavirus, criminal justice, Crown Court, judges, solicitors, speeches by tracey

‘Speech by the Lord Chief Justice: Slynn Lecture.’

Full speech

Courts and Tribunals Judiciary , 16th June 2022

Source: www.judiciary.uk

Rape courts pilot in England dismissed as ‘gimmick’ amid low conviction rates – The Guardian

‘The announcement of three specialist courtrooms to prosecute rape cases has been dismissed as a “gimmick” that does not address the chronic underfunding of the justice system that led to a fall in convictions.’

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The Guardian, 16th June 2022

Source: www.theguardian.com

Society fails women by not believing rape victims, campaigner says – The Independent

‘Society must stop “failing” women by assuming rape victims are lying, a campaigner who helped shape the Government’s landmark review of serious sexual offences has said.’

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The Independent, 15th June 2022

Source: www.independent.co.uk

Law Commission sets out options to Government for reforming how companies are convicted of criminal offences – Law Commission

Posted June 13th, 2022 in company directors, company law, criminal justice, Law Commission, news by tracey

‘The Law Commission has today published its options for the Government for how it can improve the law to ensure that corporations are effectively held to account for committing serious crimes.’

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Law Commission, 10th June 2022

Source: www.lawcom.gov.uk

Barristers to be balloted on possible walkouts in row over legal aid rates – The Guardian

‘Barristers are to be balloted this weekend on escalating industrial action over legal aid rates as figures reveal the number of crown court cases adjourned because of a shortage of lawyers has increased nearly fivefold over the decade.’

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The Guardian, 11th June 2022

Source: www.theguardian.com