British man deported to Jamaica launches action against Home Office – The Guardian

‘A British man convicted of murder is launching a legal action against the Home Office after he was wrongly deported to Jamaica.’

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The Guardian, 19th March 2023

Source: www.theguardian.com

Whole life sentence prisoners face ban from marrying under Government plans – The Independent

‘Prisoners serving whole life sentences would be prevented from marrying under new Government plans.’

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The Independent, 18th March 2023

Source: www.independent.co.uk

Ministers face legal battle with criminal solicitors over legal aid – The Guardian

Posted March 2nd, 2023 in criminal justice, legal aid, news, remuneration, solicitors by tracey

‘Ministers could face a legal battle over their refusal to increase legal aid rates for criminal defence solicitors in England and Wales by the minimum recommended in an independent review. The Law Society, the professional body for solicitors, claims there has been an “unlawful and irrational” failure to implement the 15% minimum increase recommended by Christopher Bellamy as necessary to sustain the future of the criminal justice system.’

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The Guardian, 1st March 2023

Source: www.theguardian.com

Revealed: one in 100 police officers in England and Wales faced a criminal charge last year – The Guardian

‘Shocking figures obtained by the Observer show roughly one in 100 police officers in England and Wales faced criminal charges, including for sexual offences, last year alone.’

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The Guardian, 25th February 2023

Source: www.theguardian.com

What’s the future for open justice and ‘justice system data’ policy? – Transparency Project

Posted February 27th, 2023 in civil justice, consultations, criminal justice, data protection, news by sally

‘“Our justice system is years behind other public services like health and education in collecting and using data to understand performance and impact” says Natalie Byrom, director of research at the Legal Education Foundation (TLEF). “We need a fundamental shift in attitude and culture to ensure that changes are underpinned by solid evidence and that decision-makers are accountable to those who need the law most.”’

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Transparency Project, 24th February 2023

Source: transparencyproject.org.uk

Police should be given power to charge suspects, say senior officers in England – The Guardian

Posted February 27th, 2023 in criminal justice, Crown Prosecution Service, delay, news, police by sally

‘The police, rather than independent prosecution lawyers, should have the power to charge suspects in most cases, three senior police chiefs have said, as they warned of a deepening crisis in the justice system.’

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The Guardian, 27th February 2023

Source: www.theguardian.com

Experts “too quick to dismiss” public concern over use of court data – Legal Futures

Posted February 22nd, 2023 in civil justice, criminal justice, data protection, Ministry of Justice, news by tracey

‘Senior government officials and lawtech specialists accept there is “meaningful” public concern about the use of data from the justice system, but often suggest the public does not “really understand the system”, a report has found.’

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Legal Futures, 22nd February 2023

Source: www.legalfutures.co.uk

Juries in rape cases more likely to convict than acquit – Law Society’s Gazette

Posted February 22nd, 2023 in criminal justice, juries, news, rape, sexual offences, statistics by tracey

‘Juries in rape cases are more likely to convict than acquit a defendant, according to landmark research analysing nearly six million charges and every verdict reached between 2007 and 2021. The research, conducted by UCL’s Professor Cheryl Thomas, was commissioned by HM Judiciary after a petition was submitted to parliament calling for all jurors in rape trials to complete compulsory training about rape. The petition, signed by 16,445 people, stated that research showed jurors accepted commonly held rape myths, resulting in many incorrect not guilty verdicts.’

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Law Society's Gazette, 21st February 2023

Source: www.lawgazette.co.uk

Nightingale Courts to remain open to boost capacity and speed up justice – Ministry of Justice

Posted February 17th, 2023 in courts, criminal justice, Crown Court, delay, Ministry of Justice, news, statistics by tracey

‘Nightingale Courts across England and Wales are being kept open for another year to reduce waiting times and deliver swift justice for victims.’

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Ministry of Justice, 17th February 2023

Source: www.gov.uk

Convictions under ‘racist’ gang law to be monitored by CPS for first time – The Independent

‘The Crown Prosecution Service (CPS) will monitor data on the race of those prosecuted under the joint enterprise laws for the first time following a legal challenge.’

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The Independent, 16th February 2023

Source: www.independent.co.uk

Spiking: Low conviction rate is shocking, say victims – BBC News

‘A student who suspects she was a victim of spiking has said the low conviction rate is shocking but not surprising.’

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BBC News, 15th February 2023

Source: www.bbc.co.uk

Defendants of colour more likely to be charged than white people, finds CPS study – The Guardian

‘Black and minority ethnic defendants are significantly more likely to be charged for a comparable offence than white British defendants in England and Wales, a study commissioned by the Crown Prosecution Service (CPS) has found.’

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The Guardian, 7th February 2023

Source: www.theguardian.com

Children Born As A Result Of Rape Will Be Recognised As Victims – Each Other

Posted February 7th, 2023 in bills, children, criminal justice, news, rape, victims by sally

‘The government intends to amend the Victims Bill to clarify that children who were born as a result of rape are entitled to support from criminal justice agencies such as the police and courts. Over 2,000 children were conceived as a result of rape in 2021. Under “Daisy’s Law”, children and adults who were born as a result of rape will be recognised as victims in their own right.’

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Each Other, 7th February 2023

Source: eachother.org.uk

New reforms to tackle ‘abuse’ of modern slavery laws by criminals – The Independent

‘Tough new rules will make it harder for migrants convicted of serious offences to claim to be victims of modern slavery, under plans announced by the Home Secretary.’

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The Independent, 30th January 2023

Source: www.independent.co.uk

Rapist who threatened to kill victim’s date has sentence reviewed – The Guardian

‘The government’s top law officials are reviewing a jail sentence handed to a man who forced a woman to have sex with him to save the life of a man with whom she was on a first date.’

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The Guardian, 26th January 20223

Source: www.theguardian.com

Legal experts call for new UK offence of inducing sexual activity by deception – The Guardian

Posted January 18th, 2023 in consent, criminal justice, deceit, news, sexual offences by sally

‘A new criminal offence of intentionally deceiving a person into engaging in sexual activity should be created to address confusion in the law around consent, legal experts and lawyers have said.’

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The Guardian, 18th January 2023

Source: www.theguardian.com

Raab faces judicial review over criminal legal aid fees – Law Society’s Gazette

‘The Law Society has issued an ultimatum to lord chancellor Dominic Raab over criminal legal aid fees: increase them by the minimum amount recommended by the government-commissioned Bellamy review or face a judicial review.’

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Law Society's Gazette, 11th January 2023

Source: www.lawgazette.co.uk

Court of Appeal: UT should normally re-make decision instead of remitting case to FTT – EIN Blog

Posted January 9th, 2023 in appeals, criminal justice, deportation, immigration, news, trials, tribunals by tracey

‘AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022). In this deportation case, Underhill, Nicola Davies and Stuart-Smith LJJ held that where, on an appeal from the First-tier Tribunal (FTT), the Upper Tribunal (UT) found that where the FTT’s decision involved an error of law, it would normally re-make the decision instead of remitting it to the FTT, unless it was satisfied that the error had deprived a party of a fair hearing before the FTT. Where the UT was so satisfied, it would normally remit the decision to the FTT. If the UT chose instead to re-make the decision itself, it would have to give cogent reasons for doing so. “AEB” appealed against a decision of the UT upholding a deportation order made by the respondent SSHD. The appellant was a Nigerian national who had been in the UK for 30 years and who was separated from his partner but helped to care for their three children, all of whom had significant disabilities and special needs. In 2017, he was convicted of dishonesty and sentenced to 4 years’ imprisonment. As a result, the SSHD served a deportation decision under the automatic deportation provision set out in section 32 of the UK Borders Act 2007. AEB appealed to the FTT relying on article 8 of the ECHR, which brought into play the provisions of Part 5A of the Nationality, Immigration and Asylum Act 2002. But the FTT dismissed his appeal and UT set aside that dismissal on the basis that the FTT had made errors of law which had deprived AEB of a fair hearing.’

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EIN Blog, 9th January 2023

Source: www.ein.org.uk

Rape response overhaul delivers progress – Ministry of Justice

‘Victims are seeing significant improvements in the criminal justice system’s response to rape, a new report has revealed today.’

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Ministry of Justice, 15th December 2022

Source: www.gov.uk

Prosecution crisis ‘will deepen’ without fee increase, CBA chief warns – Law Society’s Gazette

‘The Ministry of Justice has hailed the “significant progress” that has been made since the government published its landmark rape review action plan – however, the Criminal Bar Association has warned that complainants will continue to wait years for a trial unless prosecutors’ fees are increased.’

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Law Society's Gazette,15th December 2022

Source: www.lawgazette.co.uk