Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) – Supreme Court
Supreme Court, 10th July 2013
Category: trials
CPS under fire for failures in two serious cases – Law Society’s Gazette
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.
Law Society’s Gazette, 25th June 2013
Source: www.lawgazette.co.uk
O’Neill v HM Advocate (No 2); Lauchlanv Same – WLR Daily
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
Victims to be spared from harrowing court cases – Ministry of Justice
“The most vulnerable victims are to be protected from the trauma of appearing in court, Justice Secretary Chris Grayling announced today.”
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
“Police have been asked to reconsider their decision to drop four sex-abuse cases, the Crown Prosecution Service (CPS) has announced.”
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
“Young and vulnerable victims of crimes should not be subjected to traumatic
cross-examinations in court, Chris Grayling has said.”
Daily Telegraph, 11th June 2013
Source: www.telegraph.co.uk
Laing v The Queen – WLR Daily
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
“With videos and pictures being posted online and tweeted hundreds of times what does it mean when a trial comes about?”
The Guardian, 24th 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
“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.”
UK Human Rights Blog, 16th May 2013
Source: www.ukhumanrightsblog.com
Mental Impairment – Identifying the signs – One Inner Temple Lane
“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.”
One Inner Temple Lane, 8th May 2013
Source: www.1itl.com
Barclays Libor court case delayed until April 2014 – The Guardian
“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.”
The Guardian, 29th April 2013
Source: www.guardian.co.uk
The end of late chopping and changing – New Law Journal
“‘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.”
New Law Journal, 18th April 2013
Source: www.newlawjournal.co.uk
Lord McAlpine wins first round in hearing for Twitter libel case – The Guardian
“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.”
The Guardian, 16th April 2013
Source: www.guardian.co.uk
Prosecuting sexual assault: ‘Raped all over again’ – The Guardian
“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?”
The Guardian, 13th April 2013
Source: www.guardian.co.uk
Bar Council working party calls for end to witness statements in Rolls Building litigation – Litigation Futures
“The involvement of solicitors and barristers in crafting witness statements in big-ticket litigation has neutered the current regime and it should be replaced by a system of witness summaries and live evidence-in-chief, a Bar Council working party has recommended.”
Litigation Futures, 26th March 2013
Source: www.litigationfutures.co.uk
Public inquiries should avoid mock trial image, says study – The Guardian
“Public inquiries should avoid the atmosphere of a ‘mock trial’ in order to improve dialogue among participants, according to a study.”
The Guardian, 21st March 2013
Source: www.guardian.co.uk
