Category: criminal justice

Joint Enterprise: Does Conviction By Association Pose A Risk To Human Rights? – Each Other

Posted May 27th, 2022 in criminal justice, Crown Prosecution Service, equality, human rights, joint enterprise, Ministry of Justice, news, race discrimination by sally

‘ “Joint enterprise” is a common law doctrine according to which an individual can be jointly convicted of the crime of another. It is a feature of law that has been misinterpreted for over 30 years. Now, the Crown Prosecution Service (CPS) and the Ministry of Justice (MOJ) may face legal action for breaching their duties under the Equality Act 2010 by failing to record data on joint enterprise prosecutions.’

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Each Other, 26th May 2022

Source: eachother.org.uk

Plans to put victims back at the centre of justice system published – Ministry of Justice

Posted May 26th, 2022 in bills, criminal justice, news, prosecutions, victims by sally

‘Draft legislation published today by the Deputy Prime Minister Dominic Raab will pave the way for the first ever Victims’ Law – putting their needs and voices firmly at the heart of the justice system.’

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Ministry of Justice, 25th May 2022

Source: www.gov.uk

Raab promises to put victims ‘firmly at heart of justice system’ – The Independent

Posted May 25th, 2022 in bills, criminal justice, Ministry of Justice, news, statistics, victims by sally

‘The Government has promised to put the “needs and voices” of victims “firmly at the heart of the justice system” with a series of legal reforms.’

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The Independent, 25th May 2022

Source: www.independent.co.uk

Legalising cannabis won’t tackle disproportionate policing outcomes for ethnic minorities, crime minister says – The Independent

Posted May 20th, 2022 in criminal justice, drug offences, equality, London, news, police, race discrimination by sally

‘Legalising cannabis won’t tackle disproportionate policing outcomes for ethnic minorities but the issue does need to be tackled, the crime minister says.’

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The Independent, 20th May 2022

Source: www.independent.co.uk

Victims waiting years for justice as system operates at “unacceptable levels”, watchdogs say – The Independent

Posted May 17th, 2022 in coronavirus, criminal justice, delay, news, reports, victims by tracey

‘Too many victims are waiting years for justice as the system operates at “unacceptable levels” following Covid restrictions, a report has found. A joint probe by the inspectorates for police, prosecutors, prisons and probation said the government had failed to fully mitigate risks it identified last year.’

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The Independent, 17th May 2022

Source: www.independent.co.uk

Dual national Pakistani killer who renounced British citizenship loses deportation battle in Court of Appeal – EIN Blog

Posted May 13th, 2022 in appeals, citizenship, criminal justice, deportation, families, human rights, immigration, murder, news, Pakistan, proportionality, public interest by tracey

‘Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492 (14 April 2022). In this important judgment on deportation, dual nationality, foreign criminals, executive powers and duties, proportionality, public interest and the right to respect for private and family life, the Court of Appeal has unanimously held that a person’s status as a foreign criminal status within the meaning of section 32 of the UK Borders Act 2007 and section 117C of the Nationality, Immigration and Asylum Act 2002 has to be determined at the date of the decision to make a deportation order.’

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EIN Blog, 13th May 2022

Source: www.ein.org.uk

New protections for rape victims available at more Crown Courts – Ministry of Justice

Posted May 13th, 2022 in criminal justice, cross-examination, Crown Court, forced labour, news, rape, sexual offences, victims, witnesses, women by tracey

‘More victims of rape and sexual offences will be spared the stress of being cross-examined in court under a measure rolled out to a further 14 locations today (12 May 2022).’

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Ministry of Justice, 12th May 2022

Source: www.gov.uk

‘We will sue the pants off them’: outrage over LAA announcement – Law Society’s Gazette

Posted May 13th, 2022 in criminal justice, law firms, legal aid, news, solicitors by tracey

‘The Legal Aid Agency has sparked panic among the criminal defence community by announcing that some providers could lose out on work when new contracts begin this autumn. One firm, for which legal aid comprises 60% of its workload, told the Gazette that it could go out of business.’

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Law Society's Gazette, 12th May 2022

Source: www.lawgazette.co.uk

New Acts – legislation.gov.uk

Posted May 12th, 2022 in animals, artistic works, asylum, citizenship, civil partnerships, criminal justice, disqualification, drug abuse, elections, emergency services, examinations, forced labour, immigration, legislation, local government, marriage, medicines, offensive weapons, police, prisons, public order, road traffic offences, sentencing, setting traps, trafficking in human beings, violence, young persons by tracey

2022 c. 28 – Marriage and Civil Partnership (Minimum Age) Act 2022

2022 c. 27 – Approved Premises (Substance Testing) Act 2022

2022 c. 26 – Glue Traps (Offences) Act 2022

2022 c. 22 – Animal Welfare (Sentience) Act 2022

2022 c. 20 – Professional Qualifications Act 2022

2022 c. 17 – Local Government (Disqualification) Act 2022

2022 c. 36 – Nationality and Borders Act 2022

2022 c. 34 – British Sign Language Act 2022

2022 c. 32 – Police, Crime, Sentencing and Courts Act 2022

2022 c. 29 – Taxis and Private Hire Vehicles (Disabled Persons) Act 2022

2022 c. 24 – Cultural Objects (Protection from Seizure) Act 2022

Source: www.legislation.gov.uk

The Government’s Proposed Bill Of Rights Is A ‘Power Grab’ – Each Other

Posted May 12th, 2022 in bills, constitutional law, consultations, criminal justice, human rights, news by sally

‘On the same day Prince Charles declared in the Queen’s Speech that the government intends to replace the Human Rights Act (HRA) with a new Bill of Rights, civil liberties activists rallied behind a campaign in what may be a last attempt to protect it.’

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Each Other, 11th May 2022

Source: eachother.org.uk

The Marriage and Civil Partnership (Minimum Age) Act 2022 – Law & Religion UK

Posted May 11th, 2022 in age of consent, children, civil partnerships, criminal justice, forced marriages, marriage, news by sally

‘The Marriage and Civil Partnership (Minimum Age) Act 2022 (‘2022 Act’), originally a private Member’s bill introduced by Sajid Javid and Pauline Latham, has now become law. The Act will be brought into effect by Regulations, which are pending. The headline is that the Act will amend the Marriage Act 1949 and the Civil Partnership Act 2004 to raise the minimum age at which people can enter into a marriage or civil partnership in England and Wales from sixteen to eighteen. This brief post will focus, however, on exploring the new criminal offence the statute creates and the three implications of the legislation that remain unresolved.’

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Law & Religion UK, 10th May 2022

Source: lawandreligionuk.com

Boost for public safety as four justice bills receive Royal Assent – Ministry of Justice

Posted April 29th, 2022 in age of consent, bills, criminal justice, domestic violence, drug abuse, forced marriages, government departments, investigatory powers, judicial review, marriage, Ministry of Justice, news, police, probation, recidivists by tracey

‘The government delivers on its pledge to protect the public better and restore confidence in the criminal justice system as four major bills became law today (28 April).’

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Ministry of Justice, 28th April 2022

Source: www.gov.uk

Minister: Reforms “not exactly” what criminal legal aid review said – Legal Futures

Posted April 28th, 2022 in barristers, criminal justice, fees, legal aid, news, solicitors by sally

‘Justice minister James Cartlidge has admitted to MPs that the government’s response to an independent review of criminal legal aid was “not exactly” what its author, Sir Christopher Bellamy, proposed.’

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Legal Futures, 28th April 2022

Source: www.legalfutures.co.uk

The “unduly harsh” test considered further by Court of Appeal – EIN Blog

Posted April 27th, 2022 in appeals, criminal justice, deportation, families, human rights, immigration, news, proportionality by sally

‘The question of how to determine whether or not the deportation of a foreign national convicted of criminal offending is a disproportionate interference in the family life that they may share with their partner or child has been explored in a series of cases, including the leading decisions of KO (Nigeria) (Appellant) v Secretary of State for the Home Department [2018] UKSC 53 and HA (Iraq) [2020] EWCA Civ 1176 and has been discussed in detail on the UK Human Rights blog here, here and here.’

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EIN Blog, 26th April 2022

Source: www.ein.org.uk

Sexual offence victims face longest-ever court waits – BBC News

Posted April 25th, 2022 in budgets, coronavirus, criminal justice, Crown Court, delay, news, rape, sexual offences, statistics, victims by sally

‘Recent cases involving serious sexual offences have taken the longest time on record to go through Crown Courts in England and Wales, the BBC has found.’

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BBC News, 25th April 2022

Source: www.bbc.co.uk

NEWS ‘Defendants in the bath’: magistrates reveal remote-hearing concerns – Law Society’s Gazette

Posted April 13th, 2022 in coronavirus, criminal justice, HM Courts Service, magistrates, news, remote hearings, statistics by tracey

‘Three-quarters of magistrates do not want remote links to be used as extensively as they were during the pandemic, according to landmark research on their experiences in the criminal courts. After canvassing the views of 865 magistrates, a report published by the Magistrates Association, assisted by legal charity Transform Justice, concludes that audio and video links negatively impact communication and effective participation, particularly for vulnerable court users.’

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Law Society's Gazette, 12th April 2022

Source: www.lawgazette.co.uk

Dorset, West Mercia and Bedfordshire police told to improve – BBC News

Posted April 13th, 2022 in criminal justice, news, ombudsmen, police, victims by tracey

‘A watchdog has ordered three police forces to improve how they investigate crime and respond to the public.’

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BBC News, 13th April 2022

Source: www.bbc.co.uk

Edward Colston statue case sent to Court of Appeal – BBC News

Posted April 13th, 2022 in appeals, attorney general, criminal damage, criminal justice, demonstrations, hate crime, human rights, monuments, news, racism, trafficking in human beings by tracey

‘The acquittal of four people on trial for toppling Bristol’s Edward Colston statue has prompted the attorney general to contact the Court of Appeal.’

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BBC News, 13th April 2022

Source: www.bbc.co.uk

Supporting male victims of crimes considered violence against women and girls – Family Law

Posted April 12th, 2022 in criminal justice, domestic violence, government departments, news, rape, sexual offences, victims, women by tracey

‘The Home Office has published a document setting out the government’s position on and work to support male victims of crimes considered violence against women and girls. The document says: “The term ‘violence against women and girls’ refers to acts of violence or abuse that we know disproportionately affect women and girls. These crimes include – and are not limited to – rape, sexual violence, domestic abuse, stalking, ‘honour’-based abuse including forced marriage, ‘revenge porn’, and the harms associated with sex work and prostitution. These crimes have profound and long-lasting physical and mental health impacts and have absolutely no place in our society. The use of this term cannot and should not negate the experiences of, or provisions for, male victims of these crimes.” ‘

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Family Law, 11th April 2022

Source: www.familylaw.co.uk

Rape prosecution plan lacks ambition, say MPs – BBC News

Posted April 12th, 2022 in criminal justice, news, police, rape, select committees, sexual offences, victims by tracey

‘Stronger reforms to England and Wales’ criminal justice system are needed to tackle the “shocking” collapse in rape prosecutions, a report by MPs says.’

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BBC News, 12th April 2022

Source: www.bbc.co.uk