Category: news

Gove admits the UK sentencing framework needs to be more sensitive, & 7 more things we learned at the 2015 Howard League AGM – Halsbury’s Law Exchange

Posted November 9th, 2015 in consultations, crime prevention, criminal justice, death in custody, disclosure, education, health & safety, law firms, learning difficulties, legal aid, lord chancellor, media, mental health, Ministry of Justice, news, prison officers, prisons, recidivists, rehabilitation, sentencing, social services, standards, statistics, suicide, video recordings by sally

‘Since his appointment as Justice Secretary & Lord Chancellor in May this year, the Rt Hon Michael Gove has maintained a fairly low profile. Aside from his Making Prisons Work speech in July, Mr Gove’s plans for the future of the Criminal Justice System have not been very clearly outlined. Although since his swearing in, to the delight of many, Gove has managed to overturn the previous Lord Chancellor, Chris Grayling’s ban on books for prisoners; scrapped plans to create a super youth prison; and halted massively controversial plans for the UK to undertake Saudi Arabian prison training contracts.’

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Halsbury’s Law Exchange, 6th November 2015

Source: www.halsburyslawexchange.co.uk

The chips are down for Barry Beavis – but what does it mean for the penalty rule? – Technology Law Update

Posted November 9th, 2015 in appeals, consumer protection, contracts, fees, news, parking, penalties, Supreme Court by sally

‘This week the UK Supreme Court gave a single decision on a pair of wildly different cases. They involved a chip shop owner overstaying in a retail car park and the heavily negotiated sale of a substantial Middle Eastern advertising group. (Cavendish Square v El Makdessi and ParkingEye v Beavis) Why? Because they both concerned the idea of a penalty clause – very roughly, a clause that is unenforceable because it imposes an exorbitant obligation to pay on a party that breaches a contract.’

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Technology Law Update, 6th November 2015

Source: www.technology-law-blog.co.uk

Intensive care, and the outer limits of Cheshire West – UK Human Rights Blog

Posted November 9th, 2015 in appeals, coroners, death in custody, detention, disabled persons, hospitals, inquests, juries, learning difficulties, medical treatment, news, Supreme Court by sally

‘Where a coroner has reason to suspect that a person has died in custody or “otherwise in state detention” and that the death was violent, unnatural or by way of unknown cause, the coroner must hold an inquest with a jury (section 7 Coroners and Justice Act 2009 (“CJA”)). The interesting issue in this case was whether and/or in what circumstances a person who has died whilst in intensive care will be regarded as having died “in state detention”, thus triggering a jury inquest.’

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UK Human Rights Blog, 6th November 2015

Source: www.ukhumanrightsblog.com

Spending review: Nine new prisons to replace Victorian jails – BBC News

Posted November 9th, 2015 in budgets, Ministry of Justice, news, prisons, rehabilitation, statistics by sally

‘Nine new prisons will open in England and Wales – five by 2020 – under plans to close Victorian jails and sell them for housing, the government has said.’

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BBC News, 9th November 2015

Source: www.bbc.co.uk

No appetite for scrapping Human Rights Act, says Amnesty – The Guardian

Posted November 9th, 2015 in charities, human rights, Ministry of Justice, news, precedent, statistics by sally

‘Only one in 10 people in Britain believe that scrapping the Human Rights Act should be a major government priority, according to an opinion poll conducted by Amnesty International.’

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The Guardian, 8th November 2015

Source: www.guardian.co.uk

Lady Hale: supreme court should be ashamed if diversity does not improve – The Guardian

Posted November 6th, 2015 in diversity, judiciary, news, Supreme Court, women by sally

‘The UK’s supreme court should be “ashamed” if it does not radically improve its diversity in the next round of judicial appointments, according to its only female judge, Lady Justice Hale.’

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The Guardian, 6th November 2015

Source: www.guardian.co.uk

Nurse Julia Knight jailed for 14 years for trying to kill mother – BBC News

Posted November 6th, 2015 in attempted murder, attempts, murder, news, nurses, sentencing by sally

‘A nurse who injected her mother with insulin as she lay in hospital after a fall has been jailed for 14 years for attempted murder.’

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BBC News, 6th November 2015

Source: www.bbc.co.uk

Inquiry to examine claims police spied on Jeremy Corbyn and Ken Livingstone – The Guardian

Posted November 6th, 2015 in inquiries, news, police, spying, whistleblowers by sally

‘A public inquiry is to scrutinise allegations that police covertly monitored Labour MPs including Jeremy Corbyn and Ken Livingstone in the 1990s.’

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The Guardian, 6th November 2015

Source: www.guardian.co.uk

Finance & Divorce Update November 2015 – Family Law Week

Posted November 6th, 2015 in consent orders, disclosure, divorce, family courts, fraud, injunctions, matrimonial home, news by sally

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during October 2015.’

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Family Law Week, 3rd November 2015

Source: www.familylawweek.co.uk

Jose Mourinho: Chelsea boss loses appeal against FA charge – BBC News

Posted November 6th, 2015 in appeals, disciplinary procedures, news, professional conduct, sport by sally

‘Chelsea boss Jose Mourinho has had his appeal against a £50,000 fine and a suspended one-game stadium ban dismissed by the Football Association.’

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BBC News, 5th November 2015

Source: www.bbc.co.uk

Man convicted of threatening to behead Ukip candidate – The Guardian

Posted November 6th, 2015 in news, political parties, sentencing, threatening behaviour by sally

‘A judge sentencing a man for threatening to behead a Ukip election candidate has told him he was like the fictional character Walter Mitty.’

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The Guardian, 5th November 2015

Source: www.guardian.co.uk

Man who threw pensioner’s walking frame off bus in racist attack jailed – The Guardian

Posted November 6th, 2015 in guilty pleas, harassment, news, racism, religiously aggravated offences, sentencing by sally

‘A man who shouted racist abuse at a pensioner before throwing his walking frame off a bus has been jailed for 16 weeks, according to the Crown Prosecution Service.’

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The Guardian, 5th November 2015

Source: www.guardian.co.uk

Reckless motorist filmed himself driving luxury cars at speeds of up to 192mph – Daily Telegraph

Posted November 6th, 2015 in careless driving, news, sentencing by sally

‘A reckless motorist who filmed himself driving luxury cars at speeds of up 192mph along country roads has been jailed for over two years.’

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Daily Telegraph, 5th November 2015

Source: www.telegraph.co.uk

Last chance for objections to Lucan’s son inheriting title – Daily Telegraph

Posted November 6th, 2015 in news, peerages & dignities, presumption of death orders, succession by sally

‘Today is the deadline for any objections to the issuing of a death certificate for Lord Lucan, which would allow George Bingham, his son and heir, to become the 8th Earl.’

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Daily Telegraph, 6th November 2015

Source: www.telegraph.co.uk

England and Wales court cells ‘squalid and dangerous’ – BBC News

Posted November 6th, 2015 in courts, detention, health & safety, news, prisons by sally

‘Conditions at cells in courts in England and Wales are an “accident waiting to happen”, a report has said.’

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BBC News, 6th November 2015

Source: www.bbc.co.uk

Interception, Authorisation and Redress in the Draft Investigatory Powers Bill – UK Human Rights Blog

Posted November 5th, 2015 in bills, interception, investigatory powers, news, tribunals, warrants by sally

‘The Government has published a draft Bill on Investigatory Powers that it hopes to see through Parliament within a year. If it becomes law, the Investigatory Powers Bill will replace much, but not all, of the Regulation of Investigatory Powers Act 2000, as well as the Data Retention and Investigatory Powers Act 2014.’

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UK Human Rights Blog, 5th November 2015

Source: www.ukhumanrightsblog.com

Wales – it’s just more appealing – Nearly Legal

Posted November 5th, 2015 in appeals, civil procedure rules, housing, news, tribunals, Wales by sally

‘Clarise Properties Ltd v Rees [2015] EWCA Civ 1118 (Lawtel/Westlaw only from what I can see) is an interesting* permission to appeal decision. It appears that devolution has caused an odd little difference in the test for permission to appeal from the UT(LC) depending on whether the case started in England or Wales.’

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Nearly Legal, 5th November 2015

Source: www.nearlylegal.co.uk

Gay canon Jeremy Pemberton was not discriminated against – BBC News

Posted November 5th, 2015 in clergy, employment tribunals, homosexuality, marriage, news, sexual orientation discrimination by sally

‘A gay clergyman prevented from taking up a post as a hospital chaplain was not discriminated against, an employment tribunal panel has ruled.’

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BBC News, 4th November 2015

Source: www.bbc.co.uk

Proportion of rape reports leading to charges falls sharply – The Guardian

Posted November 5th, 2015 in crime, news, prosecutions, rape, statistics by sally

‘The proportion of rape reports to police that led to a charge fell sharply in 2014/15, according to new official figures.’

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The Guardian, 5th November 2015

Source: www.guardian.co.uk

UK government to reform communication surveillance laws – OUT-LAW.com

Posted November 5th, 2015 in bills, data protection, interception, internet, investigatory powers, news, privacy, telecommunications by sally

‘Data recording what websites internet users have visited will need to be retained for up to 12 months by telecommunication service providers under proposed new surveillance laws that have been outlined by the UK government.’

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OUT-LAW.com, 4th October 2015

Source: www.out-law.com