Benjamin King inquest: ‘Insufficient evidence’ against hospital – BBC News

‘Claims that evidence at an inquest into a baby’s death was deliberately falsified will not be pursued by police due to insufficient evidence.’

Full story

BBC News, 20th March 2017

Source: www.bbc.co.uk

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Justice reformer condemns digital criminal courts plan – Law Society’s Gazette

‘Government plans for virtual court hearings and online guilty pleas for criminal offences are poorly costed, based on weak evidence and have not been subjected to proper consultation, a national justice charity says today.’

Full story

Law Society’s Gazette, 15th March 2017

Source: www.lawgazette.co.uk

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Reforms to cross-examination by alleged abusers in the Prisons and Courts Bill – Family Law Week

‘Mark Roscoe, barrister of The 36 Group, outlines the provisions which the Government proposes to insert into section 31 of the Matrimonial and Family Proceedings Act 1984.’

Full story

Family Law Week, 7th March 2017

Source: www.familylawweek.co.uk

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A united approach – Counsel

Posted February 23rd, 2017 in barristers, children, cross-examination, news, witnesses, young persons by sally

‘HHJ Simon Drew QC and Lynda Gibbs explain why the pan-profession s 28 and ‘advocacy and the vulnerable’ training – being delivered to over 14,000 criminal advocates over the next two years – heralds a sea change.’

Full story

Counsel, March 2017

Source: www.counselmagazine.co.uk

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IPCC advises separating police officers after fatal incidents – BBC News

Posted February 21st, 2017 in complaints, death in custody, news, police, witnesses by sally

‘Police officers directly involved in fatal incidents should be separated as quickly as possible to prevent conferring, a watchdog has said.’

Full story

BBC News, 21st February 2017

Source: www.bbc.co.uk

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Rape accusers ‘face court ordeal by defence lawyers’ – The Guardian

Posted February 6th, 2017 in bad character, bills, cross-examination, news, rape, sexual offences, trials, victims, witnesses by sally

‘Rape complainants are being routinely questioned in court about their sexual histories and even the way they were dressed on the night they were attacked, according to a damning dossier of case studies to be presented to MPs this week. The findings have triggered calls for the law to be tightened to protect complainants better.’

Full story

The Guardian, 4th February 2017

Source: www.guardian.co.uk

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Speaking to Witnesses at Court – Crown Prosecution Service

Posted February 2nd, 2017 in courts, Crown Prosecution Service, press releases, victims, witnesses by tracey

‘More than nine out of 10 victims and witnesses are now satisfied with the support provided to them at court by the CPS, following the implementation of a ground-breaking initiative. Since April 2016, the CPS has been rolling out a new nationwide programme in which prosecution staff or advocates provide essential information to witnesses at court in order to assist them in giving their evidence. This rollout was completed across all courts last Autumn.’

Full press release

Crown Prosecution Service, 2nd February 2017

Source: www.cps.gov.uk

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Removing a witness from court in fraudulent claims – 4 KBW

Posted January 27th, 2017 in accidents, fraud, news, road traffic, witnesses by sally

‘Witnesses and parties are frequently being excluded from County Court sessions across the country when another witness or party is giving evidence in cases when there are accusations of collusion or fraud. The fear is that if Witness A hears the responses of Witness B, Witness A may shape his/her evidence to be consistent with that of Witness B in order to strengthen their case.’

Full story

4 KBW, 5th January 2017

Source: www.4kbw.net

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Munby: video-links in family courts ‘a disgrace’ – Law Society’s Gazette

Posted January 24th, 2017 in courts, evidence, family courts, judges, news, victims, video recordings, witnesses by sally

‘The president of the Family Division has berated the state of equipment in family courts, including his own court in London’s Royal Courts of Justice.’

Full story

Law Society’s Gazette, 23rd January 2017

Source: www.lawgazette.co.uk

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Lee Rigby’s mother ‘threatened with arrest’ over court hearing – The Guardian

Posted January 23rd, 2017 in appeals, harassment, news, victims, witnesses by sally

‘The mother of murdered soldier Lee Rigby has said she was threatened with arrest unless she attended the appeal hearing of a man who harassed her over her son’s death.’

Full story

The Guardian, 22nd January 2017

Source: www.guardian.co.uk

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Statement from the President of the Family Division, Sir James Munby: Cross-examination of vulnerable people – Courts and Tribunals Judiciary

Posted January 4th, 2017 in cross-examination, family courts, press releases, victims, witnesses by tracey

‘I have been raising since 2014 the pressing need to reform the way in which vulnerable people give evidence in family proceedings. I have made clear my view that the family justice system lags woefully behind the criminal justice system.’

Full statement

Courts and Tribunals Judiciary, 30th December 2016

Source: www.judiciary.gov.uk

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Children: Public Law Update (December 2016) – Family Law Week

Posted December 8th, 2016 in adoption, appeals, care orders, families, fostering, legal representation, news, witnesses by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent important judgments in the field of public children law.’

Full story

Family Law Week, 7th December 2016

Source: www.familylawweek.co.uk

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Witness Protection: Can non-parties appeal critical findings made in a judgment which infringe their human rights? – UK Human Rights Blog

Posted November 30th, 2016 in appeals, human rights, jurisdiction, local government, news, police, social services, witnesses by tracey

‘Re: W (A child) [2016] EWCA Civ 1140. A Family Court judgment was severely critical of two witnesses and the applicant local authority. In an oral “bullet point” judgment at the end of the hearing, the Judge found that the witnesses, a social worker (“SW”) and a police officer (“PO”), had improperly conspired to prove certain allegations regardless of the truth, or professional guidelines.’

Full story

UK Human Rights Blog, 30th November 2016

Source: www.ukhumanrightsblog.com

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Social worker and police officer win challenge over criticisms made by judge – Local Government Lawyer

Posted November 25th, 2016 in judgments, news, police, setting aside, social services, witnesses by tracey

‘A social worker and a police officer have successfully crossed what McFarlane LJ called “legal landmines” to secure deletion of criticisms made of them by a judge.’

Full story

Local Government Lawyer, 23rd November 2016

Source: www.localgovernmentlawyer.co.uk

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Hearing into handling of child abuse allegations against Lord Janner delayed – The Guardian

Posted November 17th, 2016 in child abuse, delay, inquiries, legal profession, news, witnesses by sally

‘A public hearing into allegations of child abuse against the late Lord Janner is to be put back to an undisclosed date, the national inquiry into institutional abuse has said.’

Full story

The Guardian, 16th November 2016

Source: www.guardian.co.uk

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CA upholds refusal to grant relief to solicitors who served witness statements late – Litigation Futures

Posted November 15th, 2016 in appeals, civil procedure rules, law firms, news, sanctions, solicitors, time limits, witnesses by tracey

‘Solicitors who served witness statements two months late cannot call any witnesses at trial after the Court of Appeal upheld the first instance judge’s decision to refuse relief from sanctions.’

Full story

Litigation futures, 14th November 2016

Source: www.litigationfutures.com

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Bar Council launches vulnerable witness advocacy training – The Bar Council

‘Pro bono training launched for advocates dealing with vulnerable witnesses.’

Full press release

The Bar Council, 14th November 2016

Source: www.barcouncil.org.uk

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New guidelines issued on questioning of vulnerable witnesses in court – The Guardian

Posted November 14th, 2016 in children, cross-examination, learning difficulties, news, witnesses by tracey

‘Guidelines say children and people with learning difficulties should not be subject to unnecessarily harsh questioning.’

Full story

The Guardian, 14th November 2016

Source: www.guardian.co.uk

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Regina v Sardar (Anis Abid) – WLR Daily

Posted November 8th, 2016 in anonymity, appeals, conspiracy, disclosure, evidence, explosives, law reports, murder, witnesses by sally

Regina v Sardar (Anis Abid) [2016] EWCA Crim 1616

‘The defendant was charged with murder, conspiracy to murder and, as an alternative count, conspiracy to cause an explosion. It was the Crown’s case that the defendant had been directly involved in the construction and/or deployment of improvised explosive devices (IEDs), one of which had caused the death of an American soldier near Baghdad in September 2007. The defendant’s case was that he had been acting in lawful and proportionate defence of Sunni communities who were under threat from Shia militia; his fingerprints had been found on two of the bombs, although not the one which had resulted in the fatal explosion. The defendant was convicted of murder and conspiracy to murder; no verdict was sought on the alternative count of conspiracy to cause an explosion. He appealed against conviction on the ground, inter alia, of fresh evidence from two anonymous witnesses (C and D) who were now available to give evidence as to the frequency and quality of attacks by the Shia militia on the Sunni communities and the need for the Sunnis to act in self-defence. C and D were prepared to disclose their identities to the court and, within a strict “confidentiality ring”, to counsel for the Crown, the Crown Prosecution Service lawyer and two senior investigating officers with undertakings that there should be no further disclosure to anyone. However, the Crown was not prepared to give such undertakings. The defendant applied for an order under section 87(3) of the Coroners and Justice Act 2009 (which required the defendant to inform the court and the prosecutor of the identity of the witness) for anonymity measures to be put in place. It was submitted that although the “prosecutor” had to be informed, that did not necessarily envisage disclosure beyond the person of the prosecutor.’

WLR Daily, 18th October 2016

Source: www.iclr.co.uk

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Digital courts’ success will win over sceptics, says senior judge – Law Society’s Gazette

Posted November 8th, 2016 in courts, internet, judges, news, witnesses by sally

‘The judge leading efforts to drag the courts system into the 21st century has reassured sceptical lawyers they will be won over by technological advances.’

Full story

Law Society’s Gazette, 7th November 2016

Source: www.lawgazette.co.uk

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