evidence – Page 38 – Current Awareness

Durrant Round 2: What to do when the court has refused to let you rely upon your evidence – Zenith PI Blog

Posted September 8th, 2014 in appeals, evidence, news, police, time limits, witnesses by sally

‘As you will remember, at the end of 2013 the CA refused to allow the Defendant to rely upon witness statements which had been served out of time. Therefore when the Claimant’s claim for damages for false imprisonment, assault, malicious prosecution, Breach of Article 3 and defamation came before the court in August 2014, the only statements read by the court were those provided by the Claimant, and the only live evidence came from the Claimant and one witness on her behalf. The court did, however, also view CCTV.’

Zenith PI Blog, 5th September 2014

Source: www.zenithpi.wordpress.com

When innocent men go to jail: miscarriages of justice in Britain – Daily Telegraph

Posted September 5th, 2014 in appeals, criminal justice, DNA, evidence, expert witnesses, miscarriage of justice, news by tracey

‘“People think that miscarriages of justice are rare and exceptional,” says Dr Michael Naughton, founder of the UK Innocence Project. “But every single day, people are overturning convictions for criminal offences. Miscarriages of justice are routine, even mundane features of the criminal justice system. They are systemic.” ‘

Daily Telegraph, 4th September 2014

Source: www.telegraph.co.uk

Domestic abuse: how to tackle non-violent control – Halsbury’s Law Exchange

Posted September 1st, 2014 in coercive & controlling behaviour, criminal justice, domestic violence, evidence, news by sally

‘Those who abuse their partners through coercive and controlling behaviour, such as depriving them of money, could face prison under a proposed new offence. The government is seeking views on whether a specific, non-violent domestic abuse offence will help tackle the problem by making police take the crime more seriously and showing perpetrators and victims of abuse that such behaviour is wrong. Comments on the proposal are requested by 15 October 2014.’

Halsbury’s Law Exchange, 29th August 2014

Source: www.halsburyslawexchange.co.uk

Undercover police officers will not face sex charges – BBC News

Posted August 21st, 2014 in evidence, news, police, prosecutions, psychiatric damage, sexual offences, women by tracey

‘Four undercover police officers accused of starting relationships with women will not face sexual offence charges, prosecutors have said.’

BBC News, 21st August 2014

Source: www.bbc.co.uk

Family system ‘woefully behind’ in treatment of vulnerable – Law Society’s Gazette

Posted August 15th, 2014 in children, evidence, families, family courts, female genital mutilation, forced marriages, judges, news, witnesses by tracey

‘Family judges are to receive guidance on dealing more appropriately with children and other vulnerable witnesses.
The interim report of a working group set up by Sir James Munby, head of the Family Division, says the family system ‘lags woefully behind’ the criminal justice system in this regard.’

Law Society’s Gazette, 13th August 2014

Source: www.lawgazette.co.uk

Should the press be able to report the evidence in a financial remedy case? – Halsbury’s Law Exchange

Posted August 13th, 2014 in divorce, evidence, family courts, media, news, reporting restrictions by sally

‘There was before the court a substantive hearing in respect of financial claims arising from divorce proceedings between a husband and wife (Cooper-Hohn v Hohn). The issue of reporting of the proceedings arose and the necessary application was made on behalf of the media.’

Halsbury’s Law Exchange, 12th August 2014

Source: www.halsburyslawexchange.co.uk

RSPCA prosecute family over cat’s long hair – Daily Telegraph

Posted August 11th, 2014 in animal cruelty, charities, complaints, Crown Prosecution Service, evidence, news, prosecutions, public interest by sally

‘Richard and Samantha Byrnes express their relief after the Crown Prosecution Service steps in and orders the RSPCA to halt an animal cruelty case against them.’

Daily Telegraph, 10th August 2014

Source: www.telegraph.co.uk

News International lawyers face tribunal over alleged hacking coverup – The Guardian

Posted August 11th, 2014 in conspiracy, disciplinary procedures, electronic mail, evidence, interception, media, news, perjury, privacy, professional conduct, solicitors, telecommunications by sally

‘Two lawyers working for News International at the height of the phone hacking scandal are being prosecuted by the legal profession’s regulator for allegedly seeking to cover up the scale of criminality at the News of the World.’

The Guardian, 9th August 2014

Source: www.guardian.co.uk

Witness statements, Mitchell and CPR rules 3.9 and 32.10 – Sovereign Chambers

Posted August 7th, 2014 in civil procedure rules, evidence, news, time limits, trials, witnesses by sally

‘David Partington and Judy Dawson, barristers in the Sovereign Chambers Civil Team in Leeds, consider the civil procedural difficulties that the late service of witness statements cause for both the defaulting and innocent parties, given the interplay of, “Jackson”, Denton, and the cases dealing with sanction for late service of witness statements.’

Sovereign Chambers, 16th July 2014

Source: www.sovereignchambers.co.uk

Should children give evidence in family proceedings? – Halsbury’s Law Exchange

Posted August 6th, 2014 in appeals, case management, children, cross-examination, evidence, family courts, news, Supreme Court, witnesses by sally

‘The case concerned a five-year-old boy. The appellant, his father, had applied for contact. The mother had opposed, alleging violence and so a fact finding hearing was ordered. The mother wanted her 13-year-old daughter, from a different relationship, to give evidence about some of the alleged incidents. That child had never been asked about the incidents and had to date given no account, whether by an Achieving Best Evidence (ABE) interview or otherwise. The judge ordered Cafcass to meet with this child to explore matters further – in particular, whether that child should answer questions put to her in writing and/or give live evidence at the hearing. The father appealed that decision. After the hearing and before the father obtained a stay, Cafcass met the child. Cafcass recommended that the questions should be reworded and reduced in number and also that the child “should not be compelled to provide live evidence” and/or “subjected to live cross-examination”.’

Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

What is the point of victim impact statements? – The Independent

Posted August 6th, 2014 in bereavement, confidentiality, data protection, evidence, judges, murder, news, parole, victims by sally

‘A parole judge has apologised to bereaved parents for saying that victim impact statements make no difference. So what are they really for? Paul Gallagher finds out.’

The Independent, 6th August 2014

Source: www.independent.co.uk

Evidence during FOI disputes can be provided in secret, rules Court of Appeal – OUT-LAW.com

Posted August 5th, 2014 in closed material, confidentiality, evidence, freedom of information, news, tribunals by sally

‘Public bodies defending a decision to withhold information requested under freedom of information (FOI) laws can submit evidence to an information rights tribunal in secret, the Court of Appeal has ruled.’

OUT-LAW.com, 4th August 2014

Source: www.out-law.com

Open justice and freedom of information – Court of Appeal judgment in Browning – Panopticon

Posted August 1st, 2014 in closed material, evidence, freedom of information, news, tribunals by sally

‘Last month I penned a post on the issue of how the principle of natural justice can be reconciled with the use of closed procedures in FOIA appeals. The post was written against the backdrop of the Court of Appeal hearing of the appeal in the Browning case. Today the Court of Appeal has handed down its judgment. Mr Browning’s appeal was dismissed.’

Panopticon, 30th July 2014

Source: www.panopticonblog.com

Reviewing Findings of Fact in Care Proceedings – Family Law Week

Posted July 29th, 2014 in care orders, evidence, family courts, news by sally

‘Jennifer Kotilaine, barrister, of 42 Bedford Row considers the President’s endorsement of the three-stage test in Re ZZ [2014] EWFC 9.’

Family Law Week, 28th July 2014

Source: www.familylawweek.co.uk

Judge allegedly falls asleep during child rape trial – The Guardian

Posted July 28th, 2014 in child abuse, complaints, evidence, inquiries, judges, news, professional conduct, victims by sally

‘An investigation has been launched following claims a judge fell asleep in court, causing a child rape trial to be halted.’

The Guardian, 26th July 2014

Source: www.guardian.co.uk

More than 30 criminal cases involving ‘Fake Sheikh’ to be reviewed in light of Tulisa trial – Daily Telegraph

Posted July 25th, 2014 in Crown Prosecution Service, evidence, news, perjury, prosecutions by tracey

‘ More than 30 criminal cases that relied on evidence given by undercover reporter Mazher Mahmood are being reviewed in light of the collapse of the Tulisa Contostavlos drugs trial.
The Crown Prosecution Service is looking again at the cases -as well as three that are still going on – after a judge ended the pop singer’s trial because there were “strong grounds” to believe the Sun reporter had lied in court and manipulated evidence.’

Daily Telegraph, 24th July 2014

Source: www.telegraph.co.uk

Regina v Jones (Nicholas) – WLR Daily

Posted July 23rd, 2014 in bad character, conspiracy, evidence, fraud, law reports, witnesses by michael

Regina v Jones (Nicholas) [2014] WLR (D) 319

‘A finding by a tribunal that an expert’s evidence was not as objective and independent as it might have been was not evidence of bad character with sections 98 and 112 of the Criminal Justice Act 2003.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

Mazher Mahmood could face perjury investigation after Tulisa trial collapse – The Guardian

Posted July 23rd, 2014 in drug offences, evidence, news, perjury, trials by michael

‘Police and prosecutors are discussing whether any legal action could follow the collapse of the trial of singer Tulisa Contostavlos, which was abandoned after the judge ruled that the Sun on Sunday’s veteran investigative reporter Mazher Mahmood was likely to have lied about talking to another witness about changing their evidence.’

The Guardian, 22nd July 2014

Source: www.guardian.co.uk

Tulisa Contostavlos trial collapses over Mazher Mahmood’s evidence – The Guardian

Posted July 22nd, 2014 in drug trafficking, evidence, media, news, trials, witnesses by sally

‘The trial of the singer and TV entertainer Tulisa Contostavlos over drugs allegations has dramatically collapsed after the judge ruled that the Sun investigative reporter whose evidence was central to the case had seemingly lied on oath.’

The Guardian, 21st July 2014

Source: www.guardian.co.uk

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