Reducing delays in family courts – Ministry of Justice

Posted January 31st, 2013 in delay, evidence, expert witnesses, family courts, news by sally

“New measures have been introduced to ensure child care cases are dealt with more quickly and effectively in family courts. This is so children and families are spared unnecessary delays and the cost to taxpayers is reduced.”

Full story

Ministry of Justice, 31st January 2013

Source: www.justice.gov.uk

What is a false allegation of rape? – OUPblog

Posted January 31st, 2013 in evidence, news, rape by sally

“What is a false allegation of rape? At first, this might appear to be a daft question. Reflecting the general tendency to think of the truth or otherwise of allegations in reductive terms of being either true or false, the meaning of “false allegation” is commonly taken to be self-evident. A false allegation of rape is an allegation that is false; the rape alleged did not, in fact, occur. In the abstract, this seems a perfectly logical and sensible approach.”

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OUPblog, 31st January 2013

Source: www.blog.oup.com

Judging people – and a case about a Porsche 917 – UK Human Rights Blog

Posted January 23rd, 2013 in evidence, news, witnesses by sally

“Two types of readers may be interested in this case; the first, who are interested in the age-old judging problem of whom to believe when faced with a conflict of evidence, and the second (and I don’t want to do any gender-stereotyping) those who are fascinated in whether a replica Porsche 917 (think Steve McQueen in Le Mans) over-revved and blew because (a) it had a gearbox fault or (b) the Defendant driver missed a gear.”

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UK Human Rights Blog, 23rd January 2013

Source: www.ukhumanrightsblog.com

Treasury presses supreme court to consider secret evidence in bank case – The Guardian

Posted January 23rd, 2013 in banking, closed material, evidence, Iran, news, sanctions, Supreme Court by sally

“The Treasury is urging the supreme court to consider secret evidence for the first time when it hears an appeal by an Iranian bank against sanctions imposed on it by the British government.”

Full story

The Guardian, 22nd January 2013

Source: www.guardian.co.uk

Regina (Van der Pijl) v Crown Court at Kingston upon Thames – WLR Daily

Posted January 23rd, 2013 in evidence, law reports, police, warrants by sally

Regina (Van der Pijl) v Crown Court at Kingston upon Thames [2012] EWHC 3745 (Admin); [2013] WLR (D) 14

“A search warrant had to be sufficiently clear and precise in its terms so that those carrying out the search and those whose premises were being searched could understand the warrant without reference to any other extraneous documents.”

WLR Daily, 21st January 2013

Source: www.iclr.co.uk

Met police launch inquiry into historic child sex abuse claims – The Guardian

Posted January 18th, 2013 in child abuse, evidence, indecent photographs of children, news by tracey

“The Metropolitan police have launched an official investigation into historic claims of child abuse after an MP alleged that a ‘senior aide of a former prime minister’ had links to a member of a paedophile ring.”

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The Guardian, 17th January 2013

Source: www.guardian.co.uk

Steamy windows: Setting the correct temperature for hot tubbing in international arbitrations – Hardwicke Chambers

Posted January 17th, 2013 in arbitration, cross-examination, evidence, expert witnesses, news, tribunals, witnesses by sally

“Much has been written about this subject but for the uninitiated this taking of oral evidence (usually from experts) ‘hot tub’ style, means having expert witnesses being questioned and cross-examined together – firstly by the judge or arbitrators and then by the parties’ representatives themselves – and indeed even by each other! Known in polite circles as concurrent evidence, hot tubbing can be used to great effect in construction related disputes, such as those involving design and build issues, measurement disputes, delays, and financial loss.”

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Hardwicke Chambers, 7th January 2013

Source: www.hardwicke.co.uk

Jimmy Savile scandal: How will it affect future abuse cases?- BBC News

“Jimmy Savile’s ability to commit hundreds of serious sexual offences inside public institutions, ‘hiding in plain sight’ as Friday’s police and NSPCC report on his crimes puts it, seems almost incredible. And for his victims, it is indeed credibility which is the issue at the heart of this scandal.”

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BBC News, 12th January 2013

Source: www.bbc.co.uk

Law Commission Triennial Review – call for evidence – Law Commission

Posted January 9th, 2013 in evidence, Law Commission, Ministry of Justice, news, quangos by sally

“The Government’s response to the Public Administration Select Committee report ‘Smaller Government: Shrinking the Quango state’ sets out the plans for reforming public bodies. It includes new Triennial Review requirements for Non-Departmental Public Bodies (NDPB).”

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Law Commission, 9th January 2013

Source: www.consult.justice.gov.uk

Call for evidence – Macur Review

Posted January 9th, 2013 in care homes, child abuse, evidence, inquiries, news, Wales by sally

“The Independent Review of the Waterhouse Tribunal will today publish an Issues Paper calling for views on the scope of the original Inquiry and whether or not it sufficiently investigated specific allegations of child abuse in North Wales care homes.”

Full story

Macur Review, 8th January 2013

Source: www.justice.gov.uk

Unreliable Evidence – BBC Radio 4

Posted January 8th, 2013 in criminal justice, criminal procedure, delay, evidence, news by sally

“Clive Anderson and top lawyers and judges reveal why the wheels of our legal system turn so slowly and discuss concerns that Government proposals to speed up proceedings in our criminal courts could lead to injustices.”

Listen

BBC Radio 4, 2nd January 2013

Source: www.bbc.co.uk

Regina v Faraz – WLR Daily

Posted January 7th, 2013 in admissibility, appeals, evidence, incitement, law reports, terrorism by sally

Regina v Faraz [2012] EWCA Crim 2820; [2013] WLR (D) 1

“Where a defendant was charged with disseminating terrorist publications via a bookshop and associated website which he managed, evidence that named terrorist offenders had possessed similar material was only admissible, if at all, for the very limited purpose of demonstrating that among the readership of the bookshop and website’s publications were people who were prepared to commit terrorist acts. But if the evidence was admitted for that purpose, it was relevant only to the question whether such people were likely to regard the contents of the publication as encouragement to commit terrorist acts. It was not admissible in proof of the fact that people had been so encouraged. It was essential that the judge direct the jury as to the limitations and pitfalls of such evidence.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

More justice dispensed via video – Ministry of Justice

Posted January 7th, 2013 in evidence, live link evidence, news, police, witnesses by sally

“Communities across the country will be benefitting from swift and effective justice as thousands more court appearances will take place via video-link technology, Justice and Policing Minister Damian Green said today [3 January].”

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Ministry of Justice, 3rd January 2013

Source: www.justice.gov.uk

Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750; [2012] WLR (D) 387 – WLR Daily

Posted December 21st, 2012 in admissibility, evidence, grievous bodily harm, law reports, murder by tracey

Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750;   [2012] WLR (D)  387

“Where a defendant had been convicted of causing grievous bodily harm with intent and the victim subsequently died as a result of that harm, the defendant could not automatically be convicted of the victim’s murder. However, pursuant to section 74(3) of the Police and Criminal Evidence Act 1984, the earlier conviction would be admissible of the fact that the defendant had committed the offence, and if the conviction was proved the burden would then shift to the defendant to prove on the balance of probabilities that he was not guilty of murder.”

WLR Daily, 18th December 2012

Source: www.iclr.co.uk

High court quashes Hillsborough inquest verdicts – The Guardian

Posted December 19th, 2012 in evidence, inquests, news, police, sport by sally

“Twenty-two years after the original contentious inquest into the 96 victims of the Hillsborough disaster, the verdict of accidental death has been quashed in the high court.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

Hillsborough inquest verdicts set to be quashed – The Guardian

Posted December 19th, 2012 in evidence, health & safety, inquests, judicial review, news, police, sport by sally

“The high court is being asked to quash the original accidental death inquest verdicts returned after 96 Liverpool football fans died in the crush at Hillsborough 23 years ago.”

Full story

The Guardian, 19th December 2012

Source: www.guardian.co.uk

Police mistakes in the Halliwell case: is it time for a change of PACE? – Halsbury’s Law Exchange

Posted December 14th, 2012 in evidence, murder, news, police, prosecutions, sub judice by tracey

“The story of what has happened to Detective Superintendent Fulcher would drive anyone to despair for the sanity of our legal system,” reflected a journalist in the Daily Telegraph in October. Certainly, there have been plenty of calls for reform of the Police and Criminal Evidence Act 1984 following the debacle over Christopher Halliwell, who abducted and killed a young clubber, but escaped prosecution for the murder of a second victim, despite having confessed and taken the police to where she was buried.”

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Halsbury’s Law Exchange, 13th December 2012

Source: www.halsburyslawexchange.co.uk

David Cameron hints at change of heart in secret courts policy – The Guardian

Posted December 12th, 2012 in bills, closed material, evidence, judiciary, news, private hearings by sally

“The government could be preparing to back down over whether judges or ministers should have the final say on legal evidence being heard in secret.”

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The Guardian, 11th December 2012

Source: www.guardian.co.uk

Theresa May wins Abu Qatada court appeal bid – The Independent

Posted December 6th, 2012 in appeals, deportation, evidence, news, terrorism, torture by sally

“Home Secretary Theresa May has been granted permission to appeal against the decision to allow radical preacher Abu Qatada to stay in the UK, court officials said today.”

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The Independent, 5th December 2012

Source: www.independent.co.uk

Abu Qatada appeal launched by home secretary – The Guardian

Posted December 4th, 2012 in appeals, deportation, evidence, immigration, news, terrorism, torture, tribunals by sally

“The home secretary has launched a legal challenge against the decision to allow the radical preacher Abu Qatada to stay in the UK.”

Full story

The Guardian, 3rd December 2012

Source: www.guardian.co.uk