“Reliance on evidence that emerged from questioning a person without access to a lawyer did not invariably breach the right to a fair trial under Article 6. The principle established by Salduz v Turkey (36391/02) (2009) 49 EHRR 19 did not apply to questioning outside a police station.”
UK Human Rights Blog, 7th October 2011
Source: www.ukhumanrightsblog.com
“In principle the line as to when access to legal advice had to be provided before a person suspected of a criminal offence was questioned by police should be drawn as from the moment when he had been taken into police custody, or his freedom of action had been significantly curtailed.”
WLR Daily, 6th October 2011
Source: www.iclr.co.uk
“Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (OJ 2001 L82, p 1) did not prevent member states from making provision in their criminal law for the mandatory imposition of an injunction to stay away for a minimum period on persons who committed crimes of violence within the family. This was so even when the victims of those crimes opposed the application of such a penalty. Member states could also exclude recourse to mediation in all criminal proceedings relating to a particular category of offences committed within the family.”
WLR Daily, 15th September 2011
Source: www.iclr.co.uk
Keynote address – EWI Annual Conference 2011 (PDF)
Speech by Lord Neuberger of Abbotsbury, Master of the Rolls
EWI Annual Conference, 5th October 2011
Source: www.judiciary.gov.uk
“Fresh medical evidence in the case of the nurse called the ‘Angel of Death’ and jailed for life for the murders of four patients in a Leeds hospital eight years ago is to be passed to the Criminal Cases Review Commission. The case has similarities to that of Rebecca Leighton, the nurse arrested on suspicion of murdering patients in a Stockport hospital and released without charge last month.”
The Guardian, 4th October 2011
Source: www.guardian.co.uk
“Bayes’ theorem is a mathematical equation used in court cases to analyse statistical evidence. But a judge has ruled it can no longer be used. Will it result in more miscarriages of justice?”
The Guardian, 2nd October 2011
Source: www.guardian.co.uk
“Media should not be an evidence-gathering arm for the police, and the constant demands for it to play that role undermine the independence of journalism.”
The Guardian, 23rd September 2011
Source: www.guardian.co.uk
Related link: English riots: ‘Journalists’ video footage should be protected in law’
“A huge cache of previously undiscovered documents and emails which could reveal the true scale of phone hacking at the News of the World have been found by the newspaper’s publisher, the High court heard today.”
Daily Telegraph, 13th September 2011
Source: www.telegraph.co.uk
“This is the transcript of the judge’s comments in one of the three cases in which the Crown Prosecution Service has been accused of withholding evidence.”
The Guardian, 17th August 2011
Source: www.guardian.co.uk
“The mayor of London has warned that the majority of women who have suffered domestic violence will find it ‘impossible’ to get legal aid to help divorce their abusive partners, because of the ‘restrictive’ evidence required to prove it.”
Law Society’s Gazette, 25th July 2011
Source: www.lawgazette.co.uk
“Three senior judges have ruled that the undercover police officer Mark Kennedy unlawfully spied on environmentalists and arguably acted as an ‘agent provocateur’.”
The Guardian, 20th July 2011
Source: www.guardian.co.uk
“The Crown Prosecution Service faces a crisis following the abandonment of a series of trials after allegations of serious wrongdoing were made against its staff.”
The Guardian, 18th July 2011
Source: www.guardian.co.uk
“It was for Parliament, if it so decided, and not for the courts, to introduce a closed material procedure to replace the existing process developed by the common law for dealing with claims to public interest immunity in an ordinary civil claim for damages.”
WLR Daily, 13th July 2011
Source: www.iclr.co.uk
“The supreme court has outlawed intelligence services’ use of secret evidence in court to conceal allegations that detainees were tortured.”
The Guardian, 13th July 2011
Source: www.guardian.co.uk
“A ‘significant’ number of the hundreds of cases bought against UK Uncut activists who stormed a central London department store in March are expected to be dropped, according to prosecutors.”
The Independent, 6th July 2011
Source: www.independent.co.uk
Tido v The Queen [2011] UKPC 16; [2011] WLR (D) 199
“A dock identification of a defendant was not inadmissible evidence per se. Nor was the admission of such evidence to be regarded as permissible in only the most exceptional circumstances.”
WLR Daily, 15th June 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Pfleiderer AG v Bundeskartellamt (Case C-360/09); [2011] WLR (D) 196
“A person adversely affected by an infringement of European Union competition law was not precluded by the provisions of that law from being granted access to documents relating to the leniency procedure for the purposes of bringing a civil action for damages.”
WLR Daily, 14th June 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The information commissioner has ended his investigation into News of the World publisher News Group Newspapers following ‘assurances’ it did not lose a tranche of emails which could contain evidence its journalists were involved in hacking phones.”
The Guardian, 17th June 2011
Source: www.guardian.co.uk
“CPS opens inquiry after claims prosecutors withheld undercover police officer’s surveillance tapes from defence lawyers.”
The Guardian, 7th June 2011
Source: www.guardian.co.uk
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