Professional Regulation – Case Comment: Caroline Reilly V Teaching Regulation Agency and Secretary of State for Education (2020) EWHC 1188 (Admin) – Park Square Barristers

‘The appellant was the head teacher of a primary school in the West Midlands. She was dismissed from her post in July 2011 following disciplinary proceedings which arose in consequence of her failure to disclose the fact of her personal relationship with a man who had been convicted of offences involving the making and possessing of indecent images of children.’

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Park Square Barristers, 15th May 2020

Source: www.parksquarebarristers.co.uk

Has the test for whether or not an appeal should be allowed in respect of a case management decision, as laid down in O’Cathail v Transport for London, been impliedly overruled by R (Osborn) v Parole Board? No, says the EAT in Chowdhury v Marsh Farm Futures UKEAT/0473/18/DA – 3PB

‘Employment Tribunal judges have a wide discretion when making case management decisions, with it being rare for a challenge to such a decision being successful. The Court of Appeal in O’Cathail v Transport for London [2013] IRLR 310 have made it clear that tribunal decisions can only be questioned for error of law. The specific issue in that case was whether or not it was an error of law for a Tribunal to refuse a postponement application in circumstances in which a litigant in person had a fit note saying they were not fit to attend the hearing. The application was refused and the trial went ahead in his absence.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Howard League for Penal Reform: Parmoor Lecture – Crown Prosecution Service

‘I aim to be clear this evening about my role as the nation’s chief prosecutor, on behalf of the CPS which I lead. At a time of national upheaval and some political uncertainty, the role of a properly-funded and fully independent prosecution authority is absolutely pivotal.’

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Crown Prosecution Service 14th October 2019

Source: www.cps.gov.ukwww.cps.gov.ukwww.cps.gov.uk

Child rapist who fooled judge into thinking he was disabled is jailed – The Guardian

‘A child rapist who almost escaped punishment after he tricked a judge and two psychiatrists into thinking he was severely disabled has been jailed for more than 26 years.’

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The Guardian, 10th April 2019

Source: www.theguardian.com

Honours system under scrutiny after sex abuser kept title for years – The Guardian

‘Lawyers have called for an overhaul of the honours forfeiture system after it emerged that a sex abuser retained an honour bestowed for services to the Queen some three years after a court recognised him as a paedophile.’

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The Guardian, 30th March 2019

Source: www.theguardian.com

Russell Square stabbings: Zakaria Bulhan ‘fit to stand trial’ – BBC News

Posted December 9th, 2016 in fitness to plead, mental health, news, trials by sally

‘A man charged with murdering a US tourist and wounding five other people in a knife attack in central London has been deemed fit to stand trial.’

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BBC News, 8th December 2016

Source: www.bbc.co.uk

People with advanced dementia have no place in court – The Guardian

Posted January 20th, 2016 in accidents, courts, elderly, fitness to plead, mental health, news, road traffic, trials by sally

‘The Law Commission has recommended a new test of incapacity after the Greville Janner case. We must be cautious about punishing those no longer in control of their actions.’

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The Guardian, 19th January 2016

Source: www.guardian.co.uk

Lord Janner sex abuse ‘trial of the facts’ formally dropped one month after the Labour peer’s death – The Independent

‘A ‘trial of the facts’ into allegations of sexual abuse by Lord Janner has been formally dropped following the Labour peer’s death in December.’

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The Independent, 15th January 2016

Source: www.independent.co.uk

Modernising the rules on unfitness to plead – Law Commission

Posted January 13th, 2016 in fitness to plead, Law Commission, mental health, news by sally

‘A new test is needed to establish who is unfit to plead. The existing rules for deciding whether a defendant is unfit to participate in a criminal trial – and what the courts should do if they are not – are out of date, misunderstood and inconsistently applied.’

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Law Commission, 13th January 2016

Source: www.lawcom.gov.uk

Fitness-to-plead court test out of date, says Law Commission – BBC News

Posted January 13th, 2016 in fitness to plead, Law Commission, mental health, news by sally

‘New tests should be introduced to assess whether a defendant facing criminal charges is mentally fit to stand trial, the Law Commission says.’

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BBC News, 13th January 2016

Source: www.bbc.co.uk

Too many people unfit to plead face criminal trials, says Law Commission – The Independent

Posted January 11th, 2016 in criminal justice, fitness to plead, Law Commission, mental health, news, trials by tracey

‘Commission will tell Government legal tests to determine whether someone is mentally fit for trial are Victorian legacies.’

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The Independent, 10th January 2016

Source: www.independent.co.uk

Lord Janner child sex abuse claims ‘cannot go to court’ – The Guardian

Posted December 21st, 2015 in child abuse, elderly, fitness to plead, hospital orders, mental health, news by sally

‘The death of the former Labour peer Greville Janner almost certainly means that child sex allegations made against him will never be tested in a criminal court, according to legal experts.’

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The Guardian, 20th December 2015

Source: www.guardian.co.uk

Lord Janner unfit to stand trial, judge rules – BBC News

‘Lord Janner is unfit to stand trial over child sexual abuse offences dating back 50 years, a High Court judge has ruled.’

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BBC News, 7th December 2015

Source: www.bbc.co.uk

Lord Janner judge to rule on evidence behind lack of fitness to stand trial – The Guardian

‘A high court judge is expected to rule on whether Lord Janner is unfit to stand trial – and what evidence can be released regarding that decision – for a string of child sex offences dating back 50 years.’

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The Guardian, 7th December 2015

Source: www.guardian.co.uk

DPP Alison Saunders says: ‘I’m still the right person for the job’ – The Guardian

‘The country’s most senior prosecutor said it was “difficult” hearing calls for her to quit over her handling of the Lord Janner case, but insisted: “I’m still the right person for the job.”’

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The Guardian, 6th September 2015

Source: www.guardian.co.uk

Date fixed for Lord Janner hearing – BBC News

‘A judge will decide at a hearing on 7 December whether Lord Janner, who is facing child sex abuse charges spanning three decades, is fit to plead.’

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BBC News, 1st September 2015

Source: www.bbc.co.uk

Lord Janner child sex abuse charges: Former Labour MP expected to appear in court – The Independent

‘Lord Janner is expected to appear in court to face child abuse charges after his lawyers lost a High Court bid to prevent him having to attend.’

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The Independent, 14th August 2015

Source: www.independent.co.uk

Alison Saunders: My Lord Janner decision could be reversed – Daily Telegraph

‘Director of Public Prosecutions suggests she will accept the outcome of a review if her decision not to prosecute the Labour peer is overruled’

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Daily Telegraph, 25th June 2015

Source: www.telegraph.co.uk

A new test to determine who is fit for trial – Law Commission

‘How do we determine whether someone accused of a crime is physically and mentally fit to participate in a criminal trial? And what do we do if they are not? These are the questions being examined today as the Law Commission brings together leading experts in criminal law and mental health to exchange views at a consultation event at Leeds University.’

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Law Commission, 11th June 2014

Source: www.lawcommission.justice.gov.uk

Unfit To Plead in the Magistrates’ and Youth Courts? – Criminal Law and Justice Weekly

Posted June 11th, 2014 in fitness to plead, magistrates, news, youth courts by sally

‘Miranda Bevan on the Law Commission’s review of the law on unfitness to plead in England and Wales.’

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Criminal Law and Justice Weekly, 6th June 2014

Source: www.criminallawandjustice.co.uk