Category: evidence

Regina v Abbas and another – WLR Daily

Posted November 30th, 2012 in evidence, firearms, joint enterprise, juries, law reports by tracey

Regina v Abbas and another: [2012] EWCA Crim 2517;   [2012] WLR (D)  352

“Where the Crown alleged that the defendant was part of a joint enterprise involving the possession of an imitation firearm, proof of which depended upon the drawing of an inference, it was incumbent on a judge in summing up to identify the evidence of primary fact upon the basis of which, if it was accepted, a jury might infer knowledge and thus possession by the defendant as well as the principal.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

Female genital mutilation – time for a prosecution – Halsbury’s Law Exchange

Posted November 23rd, 2012 in evidence, female genital mutilation, news, prosecutions by tracey

“There has been legislation in this country to criminalise female genital mutilation (FGM) for a long time and not one successful prosecution. The three cases referred to the CPS in the last two years had significant evidential difficulties and there was no realistic prospect of conviction.”

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Halsbury’s Law Exchange, 19th November 2012

Source: www.halsburyslawexchange.co.uk

Regina (Gujra) v Crown Prosecution Service – WLR Daily

Posted November 21st, 2012 in appeals, assault, Crown Prosecution Service, evidence, law reports, private prosecutions, Supreme Court, threatening behaviour by sally

Regina (Gujra) v Crown Prosecution Service [2012] UKSC 52; [2012] WLR (D) 330

“The Crown Prosecution Service, in deciding whether to use its statutory power to take over and discontinue a private prosecution on the ground that there was insufficient evidence, was entitled to apply the same test as that applicable to Crown prosecutors when conducting public prosecutions, namely that a prosecution should not be continued unless it was more likely than not that the defendant would be convicted.”

WLR Daily, 14th November 2012

Source: www.iclr.co.uk

Nazir Afzal: how the CPS plans to bring more child abusers to justice – The Guardian

Posted November 21st, 2012 in child abuse, Crown Prosecution Service, evidence, forced marriages, news, police, sexual grooming, victims, witnesses by sally

“The north-west head of the Crown Prosecution Service talks about bringing the Rochdale child sex ring before the courts/”

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The Guardian, 21st November 2012

Source: www.guardian.co.uk

Lawyers say Clarke’s justice bill smacks of repressive and undemocratic regimes – The Guardian

Posted November 19th, 2012 in bills, closed material, evidence, legal profession, news, private hearings by sally

“Secret trials and withholding evidence are reminiscent of ‘repressive regimes and undemocratic societies’, the legal profession warns in a letter opposing the government’s justice and security bill.”

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The Guardian, 17th November 2012

Source: www.guardian.co.uk

Abu Qatada: Preventing a flagrant denial of justice – UK Human Rights Blog

Posted November 14th, 2012 in appeals, deportation, evidence, human rights, news, terrorism, torture by sally

“Earlier today [13 November], Abu Qatada was released from Long Lartin prison following his successful appeal before the Special Immigration Appeal’s Commission (SIAC). Qatada was challenging the decision to deport him to Jordan, where he faces a retrial for alleged terrorism offences.”

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UK Human Rights Blog, 13th November 2012

Source: www.ukhumanrightsblog.com

Former MI5 chief General Baroness Manningham-Buller backs proposals for judges to hear intelligence evidence in secret – The Independent

Posted November 14th, 2012 in bills, closed material, evidence, intelligence services, international relations, news by sally

“Intelligence relationships between the UK and other countries could be ‘seriously jeopardised’ unless judges are allowed to hear evidence in secret, a former MI5 chief has said today.”

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The Independent, 14th November 2012

Source: www.independent.co.uk

Theresa May faces long battle to overturn Abu Qatada deportation ruling – The Guardian

Posted November 14th, 2012 in appeals, bail, deportation, electronic monitoring, evidence, legal aid, news, terrorism, torture by sally

“The home secretary, Theresa May, faces a lengthy legal battle to overturn this week’s ruling by British judges that the radical Islamist cleric Abu Qatada should not be sent back to Jordan to face trial.”

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The Guardian, 13th November 2012

Source: www.guardian.co.uk

Government says mounting damages claims support case for secret courts – The Guardian

Posted November 12th, 2012 in closed material, damages, evidence, human rights, news, private hearings, torture by sally

“Seven fresh claims for damages involving highly sensitive national security evidence have been made in the past year, the government has revealed. Three cases have been settled confidentially.”

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The Guardian, 12th November 2012

Source: www.guardian.co.uk

Mark Duggan shooting: police watchdog’s report delayed further – The Guardian

Posted October 23rd, 2012 in complaints, evidence, firearms, news, police, reports by sally

“The Independent Police Complaints Commission has said ‘significant’ material about the death of Mark Duggan has emerged in recent weeks, meaning its report into his shooting by police will be delayed even further.”

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The Guardian, 23rd October 2012

Source: www.guardian.co.uk

DNA advances see 1987 rapist jailed – The Independent

Posted October 22nd, 2012 in DNA, evidence, news, rape, sentencing by sally

“A rapist who cheated justice for nearly 25 years has been jailed because of advances in DNA profiling.”

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The Independent, 20th October 2012

Source: www.independent.co.uk

Taxi driver jailed for Sian O’Callaghan murder – The Guardian

Posted October 22nd, 2012 in evidence, murder, news, police, sentencing, taxis by sally

“A taxi driver has been jailed for a minimum of 25 years after admitting the ‘savage and brutal’ sexually-motivated murder of a young woman — but has escaped possible prosecution over a second killing despite leading police to the victim’s body.”

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The Guardian, 19th October 2012

Source: www.guardian.co.uk

Ben Butler’s case reminds us the justice system is not infallible – The Guardian

Posted October 19th, 2012 in appeals, burden of proof, care orders, child cruelty, evidence, grievous bodily harm, news by sally

“Ben Butler, found to have shaken his seven week old baby in both care proceedings and criminal proceedings in 2008, has finally been declared an innocent man. Ben had taken his daughter Ellie to hospital after she had collapsed with breathing problems, but suspicion quickly fell on him when doctors believed the symptoms she displayed were conclusive evidence of shaking. Five years on, and the discovery of medical evidence that no one had previously seen, a high court judge has exonerated Ben of any wrongdoing.”

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The Guardian, 18th October 2012

Source: www.guardian.co.uk

Extraordinary rendition, forced labour, and evidence obtained by torture – UK Human Rights Blog

Posted October 18th, 2012 in evidence, forced labour, human rights, news, rendition, torture by sally

“There are three cases, among the many decided by the Court in the past few weeks, which I would like to highlight. They deal with testimony potentially obtained through torture, forced labour and extraordinary rendition respectively.”

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UK Human Rights Blog, 16th October 2012

Source: www.ukhumanrightsblog.com

Jimmy Savile – the final cost – Halsbury’s Law Exchange

Posted October 18th, 2012 in child abuse, evidence, limitations, news by sally

“The Metropolitan police, which is coordinating a nationwide investigation into allegations of abuse against Jimmy Savile, has said that the claims against Savile date back to 1959 and could include more than 60 victims. In my view, this is likely to be a considerable underestimate, based upon the length of time Savile was active (roughly half a century) and the sheer number of children’s homes, hospitals, TV shows and other organisations connected with Savile, where he had access to children on an almost daily basis.”

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Halsbury’s Law Exchange, 16th October 2012

Source: www.halsburyslawexchange.co.uk

Jury fail to reach verdict in trial of man in Mark Duggan gun case – The Guardian

Posted October 18th, 2012 in evidence, firearms, news, police by sally

“A jury in the trial of the man accused of supplying a gun to Mark Duggan minutes before he was shot dead by police has been discharged after failing to reach a verdict.”

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The Guardian, 17th October 2012

Source: www.guardian.co.uk

Barry George fights for compensation for Jill Dando murder conviction – Daily Telegraph

Posted October 17th, 2012 in appeals, compensation, evidence, human rights, miscarriage of justice, murder, news by tracey

Barry George, who spent eight years in prison after being wrongly convicted of the murder of the TV presenter Jill Dando, today launched a test case bid to overturn a ‘defective’ decision denying him compensation.”

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Daily Telegraph, 17th October 2012

Source: www.telegraph.co.uk

Azelle Rodney Inquiry lawyers can see surveillance film footage – UK Human Rights Blog

Posted October 17th, 2012 in disclosure, evidence, homicide, inquiries, news, police, public interest, public interest immunity, video recordings by tracey

“R (on the application of the Metropolitan Police Service) v the Chairman of the Inquiry into the Death of Azelle Rodney and Interested Parties [2012] EWHA 2783 (Admin).

The public inquiry into the death of Azelle Rodney, which commenced in 2010, was still under way when it was interrupted by the present dispute. It concerned the issue whether police surveillance footage taken from the air, showing Azelle Rodney’s movements in the two hours before his death, should be disclosed to the legal team representing his mother at the Inquiry.”

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UK Human Rights Blog, 16th October 2012

Source: www.ukhumanrightsblog.com

Teacher sacked over ‘lewd act’ with broomstick may have been set up – Daily Telegraph

Posted October 17th, 2012 in appeals, dismissal, evidence, news, professional conduct, school children, teachers, witnesses by tracey

“Science teacher Patricia Davies has been granted permission to take her case to the Appeal Court six years after she was sacked for allegedly simulating a sex act in class.”

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Daily Telegraph, 16th October 2012

Source: www.telegraph.co.uk

SFO pulls plug on Kaupthing investigation – The Independent

Posted October 16th, 2012 in banking, evidence, news, Serious Fraud Office by tracey

“The Serious Fraud Office (SFO) today called a halt to its high-profile three-year investigation into the UK’s links to a failed Icelandic bank.”

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The Independent, 15th October 2012

Source: www.independent.co.uk