Council did not have reasonable system in place to respond to police requests for accommodation for detained juveniles: Court of Appeal – Local Government Lawyer

Posted August 3rd, 2021 in children, criminal procedure, detention, news, police, statutory duty by sally

‘The London Borough of Waltham Forest was in breach of its duty to have a reasonable system in place to respond to requests by the police for secure accommodation for juveniles at risk of being detained in police cells overnight, the Court of Appeal has ruled.’

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Local Government Lawyer, 2nd August 2021

Source: www.localgovernmentlawyer.co.uk

Retention of data on alleged rapist lawful despite acquittal in criminal proceedings – UK Human Rights Blog

‘YZ, R (on the application of) v Chief Constable of South Wales Police (Rev 1) [2021] EWHC 1060 (30 April 2021). The claimant YZ had been acquitted on three counts raping his former wife but details concerning these matters remain on the Police National Computer (PNC). These proceedings concerned whether such retention was lawful.’

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UK Human Rights Blog, 21st May 2021

Source: ukhumanrightsblog.com

Rape victims in England and Wales to give video evidence to boost convictions – The Guardian

‘Rape victims in England and Wales will be able to provide their evidence on video prior to a trial to help improve conviction rates, it is understood.’

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The Guardian, 17th May 2021

Source: www.theguardian.com

Oliver Campbell: Calls to review 30-year-old murder conviction – BBC News

‘A man with learning difficulties who admitted to a murder 30 years ago should have his conviction quashed because he confessed to police without a lawyer present, his solicitor says.’

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BBC News, 16th March 2021

Source: www.bbc.co.uk

Partners and Confiscation – Carmelite Chambers

‘Richard Furlong and Alexandra Scott provide a brief guide to defending wives and partners in confiscation proceedings.’

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Carmelite Chambers, 10th March 2021

Source: www.carmelitechambers.co.uk

Forensic Science – Codes of Practice and Joint Statements – 2 Hare Court

‘Two new publications were issued by the Forensic Science Regulator (“FSR”) in February 2021.’

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2 Hare Court, 25th February 2021

Source: www.2harecourt.com

Litigants baffled as civil procedure rules move to new site – Law Society’s Gazette

‘Lawyers and litigants awoke this morning to the wholesale move of procedure rules to a government website described by one as “unusable”.’

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Law Society's Gazette, 17th February 2021

Source: www.lawgazette.co.uk

Drafting an information for breach of an enforcement notice: Ceredigion CC v Robinson & others – 5SAH

‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’

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5SAH, 16th February 2021

Source: www.5sah.co.uk

Know your limits, show your limits: Lessons from Food Standards Agency v Bakers of Nailsea Ltd (2020) – St Philips Barristers

‘The Food Standards Agency (“FSA”) made three applications for the issue of a summons to commence proceedings against Bakers of Nailsea Ltd (“BNL”), the food business operator for an abattoir in Nailsea, near Bristol, for offences contrary to the Food Safety and Hygiene (England) Regulations 2013 (“the 2013 Regulations”).’

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St Philips Barristers, 9th February 2021

Source: st-philips.com

Criminal Law Update – Devon Chambers

Posted February 11th, 2021 in chambers articles, codes of practice, criminal procedure, disclosure, news by sally

‘The new 2020 versions of the Disclosure Code of Practice issued under the Criminal Procedure and Investigations Act (CPIA) 1996 (“the Code”) and Attorney General’s Guidelines on Disclosure (AGG) are probably not lockdown reading of choice for anybody. Nevertheless, they contain new procedures and a sea change in some respects and it will be essential for criminal practitioners to get to grips with the new requirements. There is a new emphasis on a thoughtful, rather than a prescriptive approach. Disclosure is to be integral to an investigation and not an adjunct.’

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Devon Chambers, February 2021

Source: www.devonchambers.co.uk

The Mangrove Nine and the history of English juries – 6KBW College Hill

Posted February 11th, 2021 in bills, criminal procedure, juries, legal history, news by sally

‘Criminal lawyers watching Steve McQueen’s Mangrove on the BBC last year may have raised an eyebrow or two during the scenes at the Old Bailey. Lawyers are used to seeing their TV counterparts do things they would never see in their practice, yet in this case it was not an inaccuracy that stood out, but the wholly accurate portrayal of a process that is now extinct in England and Wales.’

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6KBW College Hill, 11th February 2021

Source: blog.6kbw.com

Defendants no longer required to state nationality at the start of criminal cases – UK Human Rights Blog

Posted February 10th, 2021 in case management, criminal procedure, data protection, human rights, news by sally

‘On 8 February 2020, small but significant changes were made to the Part 3 (Case Management) of the Criminal Procedure Rules and Practice Directions 2020 (“CrimPR”). These changes remove the requirement that defendants in criminal trials provide their nationality to the court at preliminary hearings. The question is now to be asked only where a court passes an immediate or suspended custodial sentence.’

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UK Human Rights Blog, 9th February 2021

Source: ukhumanrightsblog.com

Anonymous witness evidence and the right to a fair trial – Carmelite Chambers

Posted January 12th, 2021 in anonymity, criminal procedure, evidence, news, witnesses by sally

‘Anonymous witness orders are most commonly sought by the prosecution in cases involving undercover police officers. There are outliers however, cases of complexity that call for closer attention, particularly those involving allegations or fears of witness intimidation.’

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Carmelite Chambers, 11th January 2021

Source: www.carmelitechambers.co.uk

CBA chief criticises senior judiciary over wellbeing failure – Legal Futures

‘The outgoing chair of the Criminal Bar Association (CBA) has criticised senior judges for failing to follow their Family Division colleagues in adopting email and sitting hours protocols to aid wellbeing.’

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Legal Futures, 29th August 2019

Source: www.legalfutures.co.uk

Supreme Court turns back on procedural appeals – Litigation Futures

‘The Supreme Court is not keen to entertain appeals on procedural points, its annual report has indicated. It handled 23 permissions to appeal (PTA) applications in relation to procedure in the year to 31 March 2019 – far more than any other category of law – and only granted permission in one of them.’

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Litigation Futures, 11th June 2019

Source: www.litigationfutures.com

Crime barristers threaten unilateral action over working hours – Legal Futures

Posted February 26th, 2019 in barristers, criminal procedure, electronic mail, news, working time by tracey

‘Criminal law barristers cannot go on without “sensible parameters” for sitting hours and overnight working and will take action if the judiciary does not, the head of their representative body said yesterday.’

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Legal Futures, 26th February 2019

Source: www.legalfutures.co.uk

Speech by the Right Honourable Lady Justice Rafferty to the Criminal Law Review Conference – Courts and Tribunals Judiciary

Posted December 13th, 2018 in criminal justice, criminal procedure, judges, practice directions, speeches by tracey

‘Speech by the Right Honourable Lady Justice Rafferty to the Criminal Law Review Conference.’

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Courts and Tribunals Judiciary, 12th December 2018

Source: www.judiciary.gov

Failure to disclose vital evidence in criminal cases growing, says watchdog – The Guardian

‘Failure to disclose vital evidence is the biggest single cause of miscarriages of justice and the problem is getting worse, the outgoing chairman of the Criminal Cases Review Commission (CCRC) has said.’

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The Guardian, 11th October 2018

Source: www.theguardian.com

Judge rejects challenge to police decision on council conduct and criminal proceedings – Local Government Lawyer

Posted October 9th, 2018 in criminal procedure, local government, news, police, prosecutions by tracey

‘The High Court has dismissed a challenge to a decision by Thames Valley Police that, regarding the conduct of Oxfordshire County Council, there was insufficient evidence to meet the Crown Prosecution Service’s threshold so as to justify criminal proceedings against anyone.’

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Local Government Lawyer, 9th October 2018

Source: www.localgovernmentlawyer.co.uk

John Worboys case shows Parole Board is not independent, court to hear – The Guardian

Posted July 26th, 2018 in criminal justice, criminal procedure, human rights, news, parole by sally

‘A British prisoner is seeking a judicial review because he says he does not have a fair chance of parole following the controversy surrounding the decision to release the serial sex attacker John Worboys.’

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The Guardian, 26th July 2018

Source: www.theguardian.com