Plea bargaining: eBay justice – Halsbury’s Law Exchange

Posted May 3rd, 2012 in bribery, corruption, criminal justice, news, plea bargaining by sally

“In 2009, Zoe Pemberton, then aged ten, put her grandmother up for auction on eBay ostensibly as a joke. As part of the description she described her grandmother as ‘annoying and moaning a lot’. She also said that she was ‘cuddly’ and ‘likes word searches’. The public bid up to £20,000 until the lot was taken down. If you believe that our criminal justice system is the grandma of every common law system of the world then it seems that she is about to be auctioned off. News is that the Government intends to consult on a new plea bargaining system after big business suggested that the UK should copy the US. At the same time, amongst lawyers and commentators, opinion of the US plea bargaining system is at an all time low.”

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Halsbury’s Law Exchange, 3rd May 2012

Source: www.halsburyslawexchange.co.uk

Protester barred from all Jubilee and Games events – BBC News

Posted May 3rd, 2012 in ASBOs, news, public order, sport by sally

“A man barred from protesting at the site of an Olympic basketball training facility has been ordered by a court to stay away from all Games venues.”

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BBC News, 3rd May 2012

Source: www.bbc.co.uk

Strasbourg judges have got it wrong in case of man’s mistreatment in custody – The Guardian

Posted May 3rd, 2012 in detention, human rights, mental health, news by sally

“Judgment in MS v UK from European court leaves publicly funded authorities threatened with litigation from all sides.”

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The Guardian, 3rd May 2012

Source: www.guardian.co.uk

Mentally ill man’s detention in police cell breached his human rights – Daily Telegraph

Posted May 3rd, 2012 in detention, human rights, mental health, news by sally

“A violent mentally ill man who was kept in a police cell for more than three days without medical treatment suffered ‘inhuman or degrading treatment’, European human rights judges have ruled.”

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Daily Telegraph, 3rd May 2012

Source: www.telegraph.co.uk

The ECHR and democratic legitimacy – Halsbury’s Law Exchange

Posted May 3rd, 2012 in courts, human rights, news, treaties by sally

“Two interesting articles on the UK Human Rights Blog recently raised once again the question of the legitimacy of the European Court of Human Rights (ECHR).”

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Halsbury’s Law Exchange, 3rd May 2012

Source: www.halsburyslawexchange.co.uk

Judges allow Parliament Square tent removal – The Independent

Posted May 3rd, 2012 in demonstrations, injunctions, local government, London, news by sally

“The High Court has lifted an injunction preventing the removal of the last anti-war protest tent near the Houses of Parliament.”

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The Independent, 3rd May 2012

Source: www.independent.co.uk

Legal aid bill is law – the fight back starts now – The Guardian

Posted May 3rd, 2012 in law centres, legal aid, legislation, news, sentencing by sally

“Now the legal aid bill is law, how do we preserve access to justice?”

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The Guardian, 3rd May 2012

Source: www.guardian.co.uk

Appeal court backs law firm in ‘you’re fired’ retainer row – Law Society’s Gazette

Posted May 3rd, 2012 in appeals, contracts, costs, fees, news, solicitors by sally

“Solicitors are entitled to suspend work for clients who have not paid their bill in accordance with the contractual term of business agreed, the Court of Appeal has ruled in a key case on retainers.”

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Law Society’s Gazette, 2nd May 2012

Source: www.lawgazette.co.uk

Pressing the case – Sir Stephen Sedley’s proposals for statutory media regulation – Legal Week

Posted May 3rd, 2012 in judges, media, news by sally

“The Leveson Inquiry has invited evidence and submissions from the public as well as from the core participants. Although not reported widely in the media, last October the recently retired Lord Justice of Appeal, Sir Stephen Sedley, made his own submission to the Leveson Inquiry. In this submission, Sir Stephen proposes his own model of statutory regulation of the media.”

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Legal Week, 2nd May 2012

Source: www.legalweek.com

Time, time, time, look what’s become of me – UK Human Rights Blog

Posted May 3rd, 2012 in courts, human rights, news, time limits by sally

“In law, time can be everything. Every lawyer will have experienced waking up in the middle of the night in a cold sweat at the realisation that a time limit has been missed. Courts often have the discretion to extend litigation time limits, such as under rule 3.1 of the Civil Procedure Rules, but simple mistakes by lawyers rarely generate sympathy from judges. Even scarier, judges sometimes do not even have the power to extend time at all, however unfair the circumstances. The idea is to encourage certainty and predictability in the legal system.”

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UK Human Rights Blog, 2nd May 2012

Source: www.ukhumanrightsblog.com

Man jailed for life for killing again two decades after first murder – The Guardian

Posted May 3rd, 2012 in murder, news, recidivists, sentencing by sally

“An investigation is under way into the monitoring of a convicted killer who murdered for a second time after being freed from prison.”

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The Guardian, 2nd May 2012

Source: www.guardian.co.uk

Clarke asks top judges to probe disclosure sanctions – Law Society’s Gazette

Posted May 3rd, 2012 in criminal justice, disclosure, news, sanctions by sally

“Justice secretary Kenneth Clarke has asked two senior judges to review sanctions for disclosure failures in criminal trials, to ‘mitigate the resource burden’ imposed by disclosure.”

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Law Society’s Gazette, 3rd May 2012

Source: www.lawgazette.co.uk

Extradition: where and why? – Halsbury’s Law Exchange

Posted May 3rd, 2012 in evidence, extradition, jurisdiction, news by sally

“The past few months have seen a great many column inches dedicated to the issue of extradition. The dismissal of the extradition challenges by Abu Hamza and others has led to many commentators heaping praise on the ECtHR for making the correct choice in granting the extradition of these men to the US. The attempt by the Home Secretary to deport Abu Qatada to Jordan continues to stimulate debate and raise erudite procedural issues.”

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Halsbury’s Law Exchange, 2nd May 2012

Source: www.halsburyslawexchange.co.uk

Bills delayed ‘to make room for Lords reform’ – BBC News

Posted May 3rd, 2012 in bills, constitutional reform, legislation, news, parliament by sally

“The government is putting promised legislation on hold to make room for House of Lords reform, MPs say.”

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BBC News, 2nd May 2012

Source: www.bbc.co.uk

JAC commissioner: ‘let solicitors become judges’ – Law Society’s Gazette

“The newly-appointed solicitor commissioner to the Judicial Appointments Commission (JAC) has expressed scepticism about targets and quotas for diversity as well as the ‘tipping point’ method of favouring under-represented groups.”

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Law Society’s Gazette, 3rd May 2012

Source: www.lawgazette.co.uk

When does an expert report constitute “independent evidence” of torture? – UK Human Rights Blog

Posted May 3rd, 2012 in appeals, asylum, evidence, expert witnesses, news, reports, torture by sally

“Whether expert evidence relied upon by an asylum seeker amounted to ‘independent evidence’ of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s claim against the Home Office for wrongful imprisonment contrary to the UK Border Agency’s Enforcement Instructions and Guidance. The Guidance, which contains the policy of the Agency on detentions (amongst other things), says that where there is ‘independent evidence’ that a person has been tortured, that person is suitable for detention only in ‘very exceptional circumstances’.”

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UK Human Rights Blog, 2nd May 2012

Source: www.ukhumanrightsblog.com

Abu Qatada appeal hearing due next Wednesday – The Guardian

Posted May 3rd, 2012 in appeals, deportation, human rights, news, terrorism, time limits by sally

“European human rights judges will decide next Wednesday whether Abu Qatada’s appeal against his deportation from Britain should be allowed to go ahead.”

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The Guardian, 2nd May 2012

Source: www.guardian.co.uk

Hundreds still to face courts in London over riots – BBC News

Posted May 3rd, 2012 in London, news, prosecutions, sentencing, violent disorder by sally

“Hundreds of cases of people accused of being involved in last summer’s London riots are still being prepared for trial, the BBC has learned.”

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BBC News, 3rd May 2012

Source: www.bbc.co.uk

Are you the new pupil? One sugar, please love – The Guardian

Posted May 3rd, 2012 in news, pupillage, sex discrimination, women by sally

“Sexism at the bar may be more subtle, but female pupils still get asked to book flights, babysit and told to ‘heel'”

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The Guardian, 3rd May 2012

Source: www.guardian.co.uk

“Murder most foul”: The right to life investigating homicide – UK Human Rights Blog

Posted May 2nd, 2012 in coroners, human rights, inquests, judicial review, murder, news by sally

“In what circumstances is a criminal trial not sufficient to discharge the State’s duties under Article 2, the right to life, towards a victim of murder? The High Court held last week in this tragic case that a Coroner unlawfully and unreasonably decided not to resume an inquest into the death of a teenage girl where her killer had been ruled unfit to plead at the Old Bailey and handed an indefinite hospital order.”

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UK Human Rights Blog, 1st May 2012

Source: www.ukhumanrightsblog.com