Magistrates order pregnant Muslim to remove veil – Daily Telegraph
“Magistrates ordered a pregnant Muslim woman to remove her veil while she gave evidence against her violent ex-partner.”
Daily Telegraph, 8th October 2010
Source: www.telegraph.co.uk
Category: evidence
Concerns increase over extradition laws – BBC News
“High-profile requests from the US have brought Britain’s extradition laws into the news. But Britain actually sends more people for trial to Poland than anywhere else and the architect of the law, David Blunkett, admits there have been unintended consequences.”
BBC News, 2nd September 2010
Source: www.bbc.co.uk
Regina v Hamer – WLR Daily
Regina v Hamer [2010] WLR (D) 235
“A fixed penalty notice which had been issued to a defendant pursuant to s 2 of the Criminal Justice and Police Act 2001 was not a conviction, admission of guilt, proof that a crime had been committed, or a stain on the defendant’s character, and therefore could not be regarded as evidence which impugned the character of the defendant or admitted as such.”
WLR Daily, 20th August 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina v Seaton – WLR Daily
Regina v Seaton [2010] EWCA Crim 1980; [2010] WLR (D) 234
“Where it was suggested at trial that a defendant’s or witness’s account was a recent fabrication, he could not, unless he had waived legal professional privilege, be asked whether he had told his lawyer what he now said was the truth, or whether he was willing to waive the privilege. If a defendant gave evidence of what had passed between him and his lawyer, he could not be in breach of his own privilege, but was waiving privilege, although not necessarily waiving it entirely and generally. If a defendant said that he had given his solicitor the account then offered at trial, that would ordinarily mean that he could not be cross-examined about exactly what he had told the solicitor on that topic, but another party could comment upon the fact that the solicitor had not been called to confirm something which, if true, he easily could confirm, if the comment were fair.”
WLR Daily, 20th August 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
New evidence may clear postman of sex attack after 14 years in jail – The Guardian
“Lawyer for Victor Nealon says crucial forensic evidence was left untested as surgeon insists wrong man was convicted.”
The Guardian, 22nd August 2010
Source: www.guardian.co.uk
Sion Jenkins: the Home Office decides that ‘not guilty’ is different from ‘innocent’ – The Guardian
“The government decides compensation should be paid only to those who wrongly spend time in prison if new evidence has proved them innocent.”
The Guardian, 15th August 2010
Source: www.guardian.co.uk
Covertly found assets no longer valid in divorce – The Guardian
“Separated couples will no longer be able to use secretly obtained documents to reveal their spouse’s hidden assets in divorce proceedings, the court of appeal has ruled.”
The Guardian, 30th July 2010
Source: www.guardian.co.uk
UK opts-in to plan to share evidence between EU police – BBC News
“Home Secretary Theresa May says the UK will opt in to an EU order allowing foreign police to be given evidence held in the UK.”
BBC News, 27th July 2010
Source: www.bbc.co.uk
Handing foreign intelligence to British courts to be made illegal – Daily Telegraph
“Handing foreign intelligence to British courts is to be made illegal, the Prime Minister has announced, as he said the government would pay compensation to end a series of embarrassing legal cases.”
Daily Telegraph, 7th July 2010
Source: www.telegraph.co.uk
Criminal law: new offences, amendments and provisions – Law Society’s Gazette
“Significant parts of the Coroners and Justice Act 2009 took effect during the spring of this year. On 1 February section 59 was brought into force amending the Suicide Act 1961. For the old offence under section 2, there is now substituted a provision that ‘a person (D) commits an offence if (a) D does an act capable of encouraging or assisting the suicide or attempted suicide of another person and (b) D’s act was intended to encourage or assist suicide or an attempt at suicide’.”
Law Society’s Gazette, 1st July 2010
Source: www.lawgazette.co.uk
Regina v Brewster – WLR Daily
Regina v Brewster [2010] EWCA Crim 1194; [2010] WLR (D) 159
“Where a party sought to admit evidence of a witness’s bad character which bore only indirectly on his credibility, and that credibility was a matter in issue in the proceedings and of substantial importance in the context of the case as a whole, such evidence was only admissible pursuant to s 100(1)(b) of the Criminal Justice Act 2003 as evidence of substantial probative value on the issue of creditworthiness if it was reasonably capable of assisting a fair minded jury to reach a view as to whether the witness’s evidence was worthy of belief.”
WLR Daily, 25th June 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Rapist jailed for 1987 sex attack in east London – BBC News
“A sex attacker caught after a cold case review has been jailed for 10 years.”
BBC News, 25th June 2010
Source: www.bbc.co.uk
Rapists going free through errors by inexperienced doctors, says BMA – The Guardian
“Rapists are not being convicted because doctors are making errors when examining victims, according to medical experts specialising in sexual assaults.”
The Guardian, 22nd June 2010
Source: www.guardian.co.uk
Ken Clarke sets up secret inquiry into police killing of Azelle Rodney – The Guardian
“A ‘secret’ judicial inquiry is to be held into the death of Azelle Rodney, an unarmed 24-year-old black Londoner who was shot by a Metropolitan police marksman five years ago, the new justice secretary, Kenneth Clarke, has announced.”
The Guardian, 10th June 2010
Source: www.guardian.co.uk
Saville inquiry: key evidence from Bloody Sunday – The Guardian
“The Bloody Sunday inquiry sat between April 1998 and January 2005. Much of the evidence was new, some contradictory. Here are some of the most significant disclosures.”
The Guardian, 11th June 2010
Source: www.guardian.co.uk
Regina v R (L) – WLR Daily
Regina v R (L) [2010] EWCA Crim 924; [2010] WLR (D) 126
“Where a defendant was charged with offences relating to indecent images of children, arrangements to provide his lawyers with copies of those images for the sole purpose of discharging their professional responsibilities to the defendant, and the acceptance by them of access to the material for that purpose, could not in any circumstances be regarded as criminal. Where the Crown had possession of such material it had to propose satisfactory arrangements to enable the defendant to have confidential, private discussions of the material with his lawyers, unsupervised and unobserved by police officers or Crown representatives.”
WLR Daily, 18th May 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Appeal court upholds ruling that CPS case was abuse of process – Law Society’s Gazette
“A prosecution for possession of indecent images of a child has been stayed as an abuse of process after the Crown Prosecution Service refused to make copies of the images for the defence, claiming that to do so would lead CPS staff to commit an offence.”
Full story
Law Society’s Gazette, 20th May 2010
Source: www.lawgazette.co.uk
Work starts to reverse ban on using intercept evidence in criminal trials – The Guardian
“The government will attempt to make intercept evidence admissible in court, the Guardian has learned, in a move likely to bring ministers into conflict with the intelligence services.”
The Guardian, 16th May 2010
Source: www.guardian.co.uk
Girl, 8, admits she lied about sexual assault – The Independent
“An eight-year-old girl who told her mother that two 10-year-old boys had sexually assaulted her, yesterday said in court that she had lied about the incident because she had been ‘naughty’ and was worried she would not get any sweets.”
The Independent, 14th May 2010
Source: www.independent.co.uk
Regina v Cooper (John) – WLR Daily
“Where a defendant was charged with perjury, he could not be convicted solely on the evidence of a witness who relied on business records which he had prepared himself and which did not therefore represent independent evidence.”
WLR Daily, 7th May 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
