Category: trials

Kapri v Lord Advocate (representing the Government of the Republic of Albania) – WLR Daily

Posted July 17th, 2013 in appeals, corruption, devolution, extradition, human rights, jurisdiction, law reports, news, Scotland, trials by sally

Kapri v Lord Advocate (representing the Government of the Republic of Albania) [2013] UKSC 48; [2013] WLR (D) 281

“An arrested person who resisted extradition on the basis that there was systemic corruption in the judicial system in the requesting country did not necessarily have to point to particular facts or circumstances affecting his case since such corruption affected everyone who was subjected to it and it was impossible to say that any individual who was returned to such a system would receive the right to a fair trial within article 6 of the Convention.”

WLR Daily, 10th July 2013

Source: www.iclr.co.uk

Morton Hall detainee held for nearly three years, report finds – BBC News

Posted July 17th, 2013 in asylum, demonstrations, detention, news, recidivists, time limits, trials by sally

“An asylum seeker has been detained for three years without trial at a Lincolnshire centre, a report reveals.”

Full story

BBC News, 17th July 2013

Source: www.bbc.co.uk

Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) – Supreme Court

Posted July 11th, 2013 in appeals, extradition, human rights, law reports, murder, Scotland, Supreme Court, trials by sally

Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) [2013] UKSC 48 | UKSC 2012/0192 (YouTube)

Supreme Court, 10th July 2013

Source: www.youtube.com/user/UKSupremeCourt

Courtroom treatment of vulnerable victims faces review – The Guardian

Posted July 1st, 2013 in barristers, child abuse, cross-examination, evidence, news, sexual offences, trials, victims by tracey

“An investigation is being launched into aggressive courtroom cross-examination of vulnerable victims in the wake of high-profile child sex abuse cases, Damian Green has confirmed. The justice minister said work would be carried out over the summer to find ways to curb hostile practices after a growing number of cases in which witnesses were left ‘deeply traumatised.'”

Full story

The Guardian, 1st July 2013

Source: www.guardian.co.uk

CPS under fire for failures in two serious cases – Law Society’s Gazette

Posted June 25th, 2013 in Crown Prosecution Service, delay, news, professional conduct, trials by sally

The Crown Prosecution Service has been criticised by two separate Crown court judges after sending an ‘incompetent’ advocate to prosecute a murder trial and for ‘lamentable failures’ that delayed a rape trial.

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Law Society’s Gazette, 25th June 2013

Source: www.lawgazette.co.uk

O’Neill v HM Advocate (No 2); Lauchlanv Same – WLR Daily

Posted June 18th, 2013 in cautions, human rights, judges, law reports, Scotland, Supreme Court, time limits, trials by sally

O’Neill v HM Advocate (No 2); Lauchlanv Same [2013] UKSC 36; [2013] WLR (D) 231

“The right to a trial within a reasonable time under article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms was a separate right from the right to a fair trial under that article. Consequently the time when a person was ‘charged’ with an offence for the purposes of time starting to run under the reasonable time guarantee might be different from the time when he should have had access to a lawyer for the purposes of ensuring a fair trial under article 6.1 read with article 6.3(c).”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

O’Neill No 2 (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland); Lauchlan (AP) (Appellant) v. Her Majesty’s Advocate (Respondent) (Scotland) – Supreme Court

Posted June 14th, 2013 in human rights, judges, law reports, Scotland, Supreme Court, time limits, trials by sally

O’Neill No 2 (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland); Lauchlan (AP) (Appellant) v. Her Majesty’s Advocate (Respondent) (Scotland) [2013] UKSC 36 (YouTube)

Supreme Court, 13th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Victims to be spared from harrowing court cases – Ministry of Justice

Posted June 12th, 2013 in children, cross-examination, news, trials, victims by sally

“The most vulnerable victims are to be protected from the trauma of appearing in court, Justice Secretary Chris Grayling announced today.”

Full story

Ministry of Justice, 11th June 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Four sex-abuse cases referred to police for reconsideration – BBC News

Posted June 12th, 2013 in child abuse, Crown Prosecution Service, news, pilot schemes, police, prosecutions, sexual offences, trials, victims by sally

“Police have been asked to reconsider their decision to drop four sex-abuse cases, the Crown Prosecution Service (CPS) has announced.”

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BBC News, 11th June 2013

Source: www.bbc.co.uk

Vulnerable victims will no longer have to give evidence in court, Chris Grayling says – Daily Telegraph

Posted June 11th, 2013 in cross-examination, evidence, news, trials, victims, video recordings by tracey

“Young and vulnerable victims of crimes should not be subjected to traumatic
cross-examinations in court, Chris Grayling has said.”

Full story

Daily Telegraph, 11th June 2013

Source: www.telegraph.co.uk

 

Government’s justice reforms could push innocent people to plead guilty, warns regulator – Bar Standards Board

Posted June 4th, 2013 in barristers, criminal justice, guilty pleas, legal aid, miscarriage of justice, news, trials by sally

“Plans to pay legal aid lawyers the same amount for a ‘guilty’ or ‘not guilty’ plea could lead to defendants being pressurised into pleading guilty, warns the Bar Standards Board (BSB). The BSB is responsible for regulating barristers in the public interest, upholding the rule of law and protecting consumers.”

Full story

Bar Standards Board, 3rd June 2013

Source: www.barstandardsboard.org.uk

Laing v The Queen – WLR Daily

Posted May 28th, 2013 in appeals, human rights, law reports, Privy Council, reasons, trials by sally

Laing v The Queen [2013] UKPC 14; [2013] WLR (D) 198

Although the giving of reasons for dismissing an appeal against conviction was an important part of an appellant’s entitlement to a fair hearing of the appeal, if the conviction were otherwise sound it did not have to be quashed simply because of the failure to give reasons.

WLR Daily, 14th May 2013

Source: www.iclr.co.uk

Woolwich attack footage will stir debate over contempt laws – The Guardian

Posted May 28th, 2013 in contempt of court, internet, juries, media, murder, news, terrorism, trials by sally

“With videos and pictures being posted online and tweeted hundreds of times what does it mean when a trial comes about?”

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The Guardian, 24th May 2013

Source: www.guardian.co.uk

Lawyers’ treatment of gang grooming victims prompts call for reform – The Guardian

Posted May 20th, 2013 in child abuse, consent, cross-examination, news, sexual grooming, sexual offences, trafficking in human beings, trials, victims by sally

“Campaigners demand urgent shake-up of court procedure after seven barristers cross-examined a girl every day for three weeks in child-grooming case.”

Full story

The Guardian, 19th May 2013

Source: www.guardian.co.uk

Will the new criminal legal aid reforms breach the right to a fair trial? – UK Human Rights Blog

Posted May 17th, 2013 in consultations, criminal justice, human rights, legal aid, news, trials by sally

“One of the most contentious proposals in the Consultation Paper on the transforming legal aid is the removal of client choice in criminal cases. Under the proposals contracts for the provision of legal aid will be awarded to a limited number of firms in an area. The areas are similar to the existing CPS areas. The Green Paper anticipates that there will be four or five such providers in each area. Thus the county of Kent, for example, will have four or five providers in an area currently served by fifty or so legal aid firms. Each area will have a limited number providers that will offer it is argued economies of scale.”

Full story

UK Human Rights Blog, 16th May 2013

Source: www.ukhumanrightsblog.com

Mental Impairment – Identifying the signs – One Inner Temple Lane

Posted May 15th, 2013 in learning difficulties, mental health, news, trials by sally

“The issue of identifying mental impairment in relation to a defendant is one which requires careful thought, skill and tact from the criminal practitioner. Practical examples of the way in which these conditions may manifest themselves are useful. A purely academic approach may not be sufficient when dealing with the vulnerable clients that might be encountered.”

Full story

One Inner Temple Lane, 8th May 2013

Source: www.1itl.com

Barclays Libor court case delayed until April 2014 – The Guardian

Posted April 30th, 2013 in banking, delay, fraud, interest, news, trials by sally

“The first UK trial concerning the alleged fraudulent manipulation of Libor rates has been delayed until next year after Barclays won the right to challenge aspects of the high court case.”

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The Guardian, 29th April 2013

Source: www.guardian.co.uk

The end of late chopping and changing – New Law Journal

Posted April 22nd, 2013 in amendments, budgets, civil procedure rules, costs, news, pleadings, trials by sally

“‘We will amend at trial’ was one of the most common phrases in legal parlance. No more. It is evident on several fronts that the days of belated change, even well before trial, are over. I would go so far as to say that a practitioner failing to act at the earliest possible opportunity is now looking at a potential negligence claim. The robust new attitude demonstrated by Lord Justice Jackson and his cohorts has been applied to pleadings, experts and joinder.”

Full story

New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

Lord McAlpine wins first round in hearing for Twitter libel case – The Guardian

Posted April 16th, 2013 in defamation, news, trials by sally

“Lord McAlpine has won the first stage of his libel battle against Sally Bercow, the Commons speaker’s wife, after a high court judge ruled that the trial should be split into two stages.”

Full story

The Guardian, 16th April 2013

Source: www.guardian.co.uk

Prosecuting sexual assault: ‘Raped all over again’ – The Guardian

Posted April 15th, 2013 in cross-examination, news, prosecutions, rape, sexual offences, suicide, trials, witnesses by sally

“Frances Andrade’s experience in the witness box left her feeling violated. Within days she had killed herself. Is it time we changed the way we prosecute sexual assault?”

Full story

The Guardian, 13th April 2013

Source: www.guardian.co.uk