Attorney General’s concern over ‘unworkable’ cases – Daily Telegraph

‘Attorney General Dominic Grieve to review Crown Prosecution Service’s procedure following Nigel Evans’ failed prosecution.;

Full story

Daily Telegraph, 13th April 2014


A voice for victims of crime – The Guardian

‘Justice isn’t just about sentencing: it’s about encouraging victims to come forward in the first place. Labour’s planned law will help. By Keir Starmer.’

Full story

The Guardian, 6th April 2014


Vulnerable witness reforms proposed by Keir Starmer in new ‘victims’ law’ – BBC News

‘Radical changes to the way vulnerable witnesses are treated in court are being considered by the Labour Party.’

Full story

BBC News, 7th April 2014


Change is long overdue for victims of crime – The Guardian

‘The court process can be traumatic for accusers like Tracy Shelvey. Will a proposed victims’ law make it fit for purpose?’

Full story

The Guardian, 2nd April 2014


Reporting Restrictions and the New Transparency – Part 1 – Family Law Week

‘This is the first part of a three-part article by Mary Lazarus, barrister of 42 Bedford Row, reviewing recent developments concerning reporting restriction orders and transparency in the family courts. In this first part Mary considers some procedural issues before concentrating on those cases involving clashes between the need for privacy and the desire to report issues of genuine public interest.’

Full story

Family Law Week, 27th February 2014


A Practical Guide To POCA & Unused Material: A Defence Perspective – Six Pump Court

Posted January 29th, 2014 in confiscation, criminal procedure, defence, disclosure, news, prosecutions by sally

‘It is easy to forget or overlook the fact that the Criminal Procedure & Investigations Act 1996 applies equally to confiscation proceedings as it does to the substantive criminal proceedings that have resulted in the defendant being convicted in the first place (something that prosecutors do themselves on a regular basis and only appreciate its significance when the contents of their own website are brought to their attention, see “Chapter 21: Disclosure of Unused Material Created in the Course of Financial Investigations”).’

Full story (Word)

Six Pump Court, 29th January 2014


DLA Piper UK LLP v BDO LLP – WLR Daily

Posted January 14th, 2014 in costs, criminal procedure, law reports, third parties, witnesses by tracey

DLA Piper UK LLP v BDO LLP [2013] EWHC 3970 (Admin); [2013] WLR (D) 515

‘Where a person had attended court and successfully resisted being made subject to a witness summons under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 the only basis for the Crown Court ordering costs against the solicitor of the party seeking the summons would be that for which statute provided, namely, a wasted costs order under section 19A of the Prosecution of Offences Act 1985.’

WLR Daily, 13th January 2014


MLA guidelines for foreign authorities – Home Office

Posted January 10th, 2014 in criminal procedure, foreign jurisdictions, judiciary, news by tracey

‘These guidelines describe mutual legal assistance (MLA) that can be provided by the UK.’

Full text

Home Office, 6th January 2014


Attorney General and the Lord Chief Justice issue revised guidance to the legal profession on disclosure – Attorney General’s Office

Posted December 5th, 2013 in criminal procedure, disclosure, legal profession, news by sally

‘The Attorney General, Dominic Grieve QC MP and the Lord Chief Justice for England and Wales the Lord Thomas today [3 December] published a revised judicial protocol and revised guidance on the disclosure of unused material in criminal cases. They have been prepared following the recommendations of Lord Justice Gross in his September 2011 ‘Review of Disclosure in Criminal Proceedings’ and take account of Lord Justice Gross and Lord Justice Treacy’s ‘Further review of disclosure in criminal proceedings: sanctions for disclosure failure’, published in November 2012.’

Full story

Attorney General’s Office, 3rd December 2013


Regina v Leacock; Regina v Blacker; Regina v Trevis; Regina v Nutting; Regina v Morin – WLR Daily

Posted November 19th, 2013 in criminal procedure, imprisonment, law reports, news, remand, sentencing by sally

Regina v Leacock; Regina v Blacker; Regina v Trevis; Regina v Nutting; Regina v Morin [2013] EWCA Crim 1994; [2013] WLR (D) 438

“When sentencing a defendant to a term of imprisonment, section 240(3) of the Criminal Justice Act 2003 provided that the court must direct that, subject to section 240(4), time served in custody on remand should count as time served by him as part of the sentence. Section 240(4)(a) provided that section 240(3) did not apply if while on remand the defendant was a serving prisoner, but there was no separate order under section 240(4). That subsection merely restricted the discretion of the court; the only order a court could make was one under section 240(3).”

WLR Daily, 12th November 2013


I swear that the current procedure for taking oaths in court needs reform – Halsbury’s Law Exchange

Posted November 4th, 2013 in Christianity, criminal procedure, Islam, magistrates, news, oaths, trials, witnesses by sally

“Do you object to swearing an oath on the Bible? Sorry, I hope that question didn’t put you off your stride when settling down to read this article. It’s the same question witnesses are asked when they’re about to give evidence in criminal trials.”

Full story

Halsbury’s Law Exchange, 1st November 2013


Witnesses tell of feeling abandoned and uninformed in criminal court cases – The Guardian

Posted October 1st, 2013 in barristers, courts, criminal procedure, news, reports, victims, witnesses by sally

“Victims and witnesses are being marginalised and put through needless stress and anxiety in the criminal courts in England and Wales, according to new research.”

Full story

The Guardian, 30th September 2013


General Medical Council too late with child sex abuse complaint, rules High Court – UK Human Rights Blog

“The High Court has strongly affirmed the prohibition against the pursuit of long delayed complaints against doctors in regulatory proceedings. The prohibition arose from the General Medical Council’s own procedural rules. It applied even where the allegations were of the most serious kind, including sexual misconduct, and could only be waived in exceptional circumstances and where the public interest demanded. The burden was upon the GMC to establish a sufficiently compelling public interest where allegations had already been thoroughly investigated by the competent authorities such as the police and social services.”

Full story

UK Human Rights Blog, 26th September 2013


Advocacy standards scheme for criminal trials starts – BBC News

Posted September 30th, 2013 in advocacy, barristers, criminal procedure, judicial review, licensing, news, standards by sally

“A new scheme has come into force to ensure advocates in criminal trials meet a standard of competence.”

Full story

BBC News, 30th September 2013


Sparring With a Heavyweight – Criminal Law and Justice Weekly

Posted September 9th, 2013 in barristers, criminal procedure, disclosure, expert witnesses, news by tracey

“Dominic Thomas questions an illustrious barrister’s approach to a case.”

Full story

Criminal Law and Justice Weekly, 7th September 2013


Has the Internet Destroyed Trial by Jury? – Criminal Law and Justice Weekly

Posted August 19th, 2013 in bias, contempt of court, criminal procedure, evidence, internet, juries, news, sentencing, trials by tracey

“The Internet has changed the world and many say the law is struggling to keep up, writes Lyndon Harris.”

Full story

Criminal Law and Justice Weekly, 17th August 2013


Damian Green: Reforming the role of magistrates – Ministry of Justice

Posted August 15th, 2013 in courts, criminal procedure, magistrates, news, sentencing, speeches by sally

“More than 4,000 defendants each year are sent to the Crown Court for sentencing when they could be dealt with in the magistrates’ court, costing valuable money and time Justice Minister Damian Green said today.”

Full story

Ministry of Justice, 14th August 2013


In re Joseph Hill & Co, Solicitors – WLR Daily

Posted June 4th, 2013 in appeals, criminal procedure, delay, evidence, law reports, witnesses by sally

In re Joseph Hill & Co, Solicitors [2013] EWCA Crim 775 ; [2013] WLR (D) 210

“There was a statutory obligation on the defence to give notice to the prosecution of the name, address and date of birth of any witness whom the defendant believed was able to give evidence in support of his alibi. If there was a practice of advising that the names and addresses of alibi witnesses should not be disclosed unless and until they had provided signed proofs of evidence, that practice was misguided and wrong.”

WLR Daily, 21st May 2013


Regina v Johal – WLR Daily

Posted May 16th, 2013 in appeals, confiscation, criminal procedure, delay, law reports by sally

Regina v Johal [2013] EWCA Crim 647; [2013] WLR (D) 175

“When a court postponed confiscation proceedings the omission of a ‘specified period’ of postponement was plainly a procedural rather than a substantive error so that a court would not be deprived of its duty to make a confiscation order where such a breach did not prejudice the defendant in any way. Alternatively, if such a failure was indeed procedural it would fall within the ambit of section 14(11) of the Proceeds of Crime Act 2002 which stipulated that such a failure should not be the basis for quashing an otherwise valid confiscation order.”

WLR Daily, 19th April 2013


Use of force in self defence at the place of residence – Ministry of Justice

Posted April 29th, 2013 in burglary, circulars, criminal procedure, self-defence, trespass by tracey

“This circular describes the intended purpose of changes to the law on the use of force in self defence in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Crime and Courts Bill and outlines the arrangements for their commencement.”

Full circular

Ministry of defence, 29th April 2013