Crime Team Newsletter – 33 Bedford Row

‘This month’s newsletter comprises articles from:

Nigel Edwards Q.C. and Daniel Walker– “Sentencing Serious Violent and Sexual Offenders”;

Ayesha Smart and Nigel Edwards Q.C. – “Section 13(1) Terrorism Act 2000 offences- are they strict liability?”;

Sharmila Salvi – “Second Post Mortem Examinations – The Defence Position”;

Andrew Kerr – “Adverse Inferences”; and

Rabia Mir – “How High Fiving Police Officers Turned Off a Jury”.’

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33 Bedford Row, 6th July 2020

Source: www.33bedfordrow.co.uk

Ian Paterson: Inquests into ‘unnatural deaths’ of surgery patients – BBC News

Posted July 6th, 2020 in doctors, inquests, medical treatment, news, wounding by sally

‘Inquests will be held after a review found patients of a rogue breast surgeon may have died unnaturally.’

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BBC News, 4th July 2020

Source: www.bbc.co.uk

Scope of the duties on the state to protect life under Article 2 ECHR (R (Maguire) v HM Senior Coroner) – Dispute Resolution Blog

‘In R (Maguire) v HM Senior Coroner for Blackpool & Fylde & Others [2020] EWCA Civ 738, the Court of Appeal considered whether the enhanced procedural duty to investigate death under Article 2 ECHR applied to the inquest touching upon the death of a vulnerable individual subject to the Deprivation of Liberty Safeguards (“DoLS”) under the Mental Capacity Act 2005 living in a care home. The Court of Appeal’s judgment is an important authority on the scope of the substantive positive duties on the state to protect life under Article 2 ECHR.’

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Dispute Resolution Blog, 30th June 2020

Source: www.lexisnexis.co.uk

Partially remote hearings in the Coroner’s Court: Chief Coroner’s Guidance No. 38 – Parklane Plowden Chambers

Posted June 26th, 2020 in chambers articles, coronavirus, coroners, inquests, news, remote hearings by sally

‘The Chief Coroner has published his Guidance No 38, headed “Remote Participation in Coronial Proceedings via Video and Audio Broadcast”.’

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Parklane Plowden Chambers, 17th June 2020

Source: www.parklaneplowden.co.uk

There have been no successful prosecutions for deaths in British police custody since 1969 – here’s why – The Guardian

‘Black people account for 3% of the population, but 8% of deaths in custody. As a former chief prosecutor, I know this is only the end point of a system that disproportionately suspects, arrests, convicts and imprisons BAME people.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Mark Duggan police shooting: can forensic tech cast doubt on official report – The Guardian

‘The police shooting of Mark Duggan is a highly contentious case that has been widely cited by Black Lives Matter protesters in the UK.’

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The Guardian, 10th June 2020

Source: www.theguardian.com

‘A black man’s life is not valued’: attack on year-long delay of UK police death inquiry – The Guardian

‘An official review into the death of a black man who was punched repeatedly by police, beaten with a baton and Tasered has been delayed for the last year because investigators have yet to obtain a transcript of the inquest.’

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The Guardian, 6th June 2020

Source: www.theguardian.com

Coronavirus (COVID-19)—impact on coroners’ inquests and the investigation of deaths – 1 Crown Office Row

Posted June 2nd, 2020 in coronavirus, coroners, criminal justice, inquests, news by sally

‘Corporate Crime analysis: Coronavirus (COVID-19) has impacted all parts of the justice system, but there are particular ramifications for a jurisdiction which has as its core purpose the investigation of deaths. Therefore, by means of the Coronavirus Act 2020 (CA 2020) and guidance issued by the Chief Coroner, various measures have been taken to ensure that coroners’ courts are not overwhelmed. Matthew E Flinn, barrister at 1 Crown Office Row, discusses these measures.’

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1 Crown Office Row, 27th May 2020

Source: www.1cor.com

1COR Quarterly Medical Law Review – Spring 2020 – Issue 5 – 1 Crown Office Row

‘Welcome to the fifth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row.’

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1 Crown Office Row, 15th May 2020

Source: www.1cor.com

Guildford pub bombings inquest can access closed files – BBC News

Posted May 21st, 2020 in disclosure, documents, explosives, inquests, news, terrorism, witnesses by sally

‘The resumed inquest into the Guildford pub bombs in 1974 will have access to more than 700 classified files, a pre-inquest review (PIR) has been told.’

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BBC News, 20th May 2020

Source: www.bbc.co.uk

Novichok: family of Dawn Sturgess wins first stage of legal challenge – The Guardian

Posted May 14th, 2020 in coroners, inquests, judicial review, news, poisoning by sally

‘The family of Dawn Sturgess, who died in the Wiltshire novichok poisonings, has won the first stage of a legal challenge against a coroner’s decision to limit the scope of her inquest.’

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The Guardian, 13th May 2020

Source: www.theguardian.com

Avoid frame-by-frame analysis of fast moving events and discussion of evidence in front of officers – UK Police Law Blog

‘In Goodenough v Chief Constable of Thames Valley Police [2020] EWHC 695 (QB), the High Court, Turner J, considered a claim for damages brought by Robin Goodenough’s mother and sister. The claims arose out of Mr Goodenough’s death on 27 September 2003 following a short car chase and traffic stop. The Claimants asserted that police officers had assaulted Mr Goodenough and that thereafter had been breaches of Article 2 of the Human Rights Act 1998. The case provides useful insights into the approach to be taken when conducting a judicial analysis of incidents such as this and may be relied upon by those arguing that an Art. 2 inquest is required in order to meet investigative short comings.’

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UK Police Law Blog, 12th May 2020

Source: ukpolicelawblog.com

The Impact of COVID-19 on Inquests and Inquiries – 11KBW

Posted May 12th, 2020 in chambers articles, coronavirus, inquests, inquiries, news by sally

‘The COVID-19 pandemic is obviously relevant to those who act in the area of Inquests and Inquiries. There will inevitably be a dramatic rise in the workload of coroners and, ultimately, in the number of full inquests being heard. Due to arguments concerning the state’s role in the handling of the pandemic, or of medical provisions and other more systemic issues, there may also be a public inquiry. This note is intended to identify the most immediate issues for practitioners.’

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11KBW, 29th April 2020

Source: www.11kbw.com

Chief Coroner’s Guidance Number 37, Covid – 19 deaths and possible exposure in the workplace. When should a coroner open an investigation? – Park Square Barristers

Posted May 12th, 2020 in coronavirus, coroners, inquests, news, personal injuries by sally

‘An inquest can sometimes present the only opportunity for a family to ask questions about the circumstances leading to the death of a relative. It can also form an important part of the investigation into a potential claim for personal injury causing death. In relation to deaths arising from Covid – 19 those claims are likely to come from families of employees who have died following exposure to Covid – 19 in the workplace. This article reviews the Chief Coroner’s Guidance Number 37 (CCG 37) dated 28 April 2020 and the Notification of Death Regulations 2019 in considering when a coroner’s investigation should be opened in respect of a Covid – 19 death where possible exposure was in the workplace.’

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Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

COVID-19 Deaths and PPE – The Coroner’s Role – Parklane Plowden Chambers

‘Inevitably the COVID-19 pandemic will result in a significant increase in the workload of coroners and the number of inquests being heard. Cases where the virus may have been contracted in the workplace setting including frontline workers because of the lack of personal protective equipment (PPE) may be one significant area of potential inquiry.’

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Parklane Plowden Chambers, 4th May 2020

Source: www.parklaneplowden.co.uk

Covid-19 deaths and Inquests – Doughty Street Chambers

‘An Inquest is not a foregone conclusion, since death by prevalent disease will not necessarily be considered “unnatural”. There is new guidance issued today (28 April 2020) by the Chief Coroner as to the circumstances in which in Inquest will be appropriate.’

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Doughty Street Chambers, 28th April 2020

Source: insights.doughtystreet.co.uk

Errol Graham death: Judicial review move over DWP policy – BBC News

‘The family of a mentally ill man who starved to death after his benefits were cut have applied for a judicial review of government policy.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk

Yousef Makki death: inquiry into Greater Manchester police dropped – The Guardian

‘A watchdog has dropped its misconduct investigation into Greater Manchester police’s handling of a case involving the death of a schoolboy in Cheshire.’

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The Guardian, 30th April 2020

Source: www.theguardian.com

NHS staff coronavirus inquests told not to look at PPE shortages – The Guardian

Posted April 30th, 2020 in coronavirus, doctors, inquests, news, nurses, protective equipment by sally

‘Inquests into coronavirus deaths among NHS workers should avoid examining systemic failures in provision of personal protective equipment (PPE), coroners have been told, in a move described by Labour as “very worrying”.’

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The Guardian, 29th April 2020

Source: www.theguardian.com

Paul Bowen QC: Learning lessons the hard way – Article 2 duties to investigate the Government’s response to the Covid-19 pandemic – UK Constitutional Law Association

‘As we watch the Covid-19 pandemic unfold our attention is naturally on the steps that HM Government (“HMG”) is taking to mitigate the immediate crisis. The time is approaching, however, when it will be necessary to evaluate HMG’s preparation for, and response to, the pandemic. Calls are being made by the TUC and doctors’ groups for a public inquiry into one aspect of its response, namely failures to procure adequate personal protective equipment (“PPE”) for NHS staff, at least 100 of whom are believed to have died having contracted the virus while treating patients. HMG is accused of failing to respond to a national exercise in 2016 testing the UK’s resilience to a similar flu pandemic which highlighted an increased need for ventilators. Other criticisms go further. This blog argues that the state owes a duty under Article 2 of the European Convention on Human Rights to investigate some deaths caused by Covid-19. This duty will require not only inquests into individual deaths but also a public inquiry under the Inquiries Act 2005 to address those systemic issues not suitable for determination by an inquest. The post builds on and responds to posts by Conall Mallory, James Rowbottom and Elizabeth Stubbins Banes. It also foreshadows the need for reform in this area.’

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UK Constitutional Law Association, 29th April 2020

Source: ukconstitutionallaw.org