news – Page 1984 – Current Awareness

Domestic abuse – why creating a specific offence is not the answer – Halsbury’s Law Exchange

Posted January 30th, 2014 in assault, bills, crime, domestic violence, news, sentencing by sally

‘The Offences Against the Person Act has been in law since 1861. It covers all forms of physical assault ranging from the most serious, such as stabbing someone, to common assault which can be committed merely by spitting at someone. Marital rape is an offence, as is pursuing a course of conduct which amounts to harassment. Despite these laws, MPs are now seeking to introduce a new offence of Domestic Abuse, aimed solely at offences carried out within relationships. The offence would be defined as, “intentionally, wilfully or recklessly causing, or attempting to cause, physical injury or psychological harm to a person”.’

Full story

Halsbury’s Law Exchange, 29th January 2014

Source: www.halsburyslawexchange.co.uk

Council acted unlawfully in refusing tenancy – UK Human Rights Blog

Posted January 30th, 2014 in housing, illegality, landlord & tenant, local government, news, solicitors by sally

‘The High Court has held that a local authority had abused its powers by refusing to offer a solicitor a new lease of the claimant’s office premises.’

Full story

UK Human Rights Blog, 29th January 2014

Source: www.ukhumanrightsblog.com

Torbay sex assault doctor Suhail Ahmed sentence extended – BBC News

Posted January 30th, 2014 in appeals, doctors, news, sentencing, sexual offences, voyeurism by sally

‘A junior doctor who sexually assaulted and secretly photographed female patients during examinations has had one extra year added to his jail sentence by Court of Appeal judges.’

Full story

BBC News, 29th January 2014

Source: www.bbc.co.uk

Online bullies go unpunished as prosecutions for abusive messages plunge by a third – Daily Telegraph

Posted January 30th, 2014 in bullying, internet, news, prosecutions by sally

‘Campaigners fear hundreds of online abusers are going unpunished under softer prosecution guidelines introduced in 2012.’

Full story

Daily Telegraph, 30th January 2014

Source: www.telegraph.co.uk

Two-month deadline over in-app charges – BBC News

Posted January 30th, 2014 in computer programs, consumer protection, news, telecommunications by sally

‘Creators of mobile apps that promote in-app purchases are being given two months to comply with Office of Fair Trading guidelines’

Full story

BBC News, 30th January 2014

Source: www.bbc.co.uk

Prosecutors drop case against men caught taking food from Iceland bins – The Guardian

Posted January 30th, 2014 in food, news, prosecutions, public interest, theft, trespass by sally

‘Three men caught taking discarded food from bins outside an Iceland store will not now be prosecuted after an explosion of criticism over the decision to bring charges against them, including from the company’s chief executive.’

Full story

The Guardian, 29th January 2014

Source: www.guardian.co.uk

Ian Brady – the Mental Health Tribunal’s decision commented upon by Denise Marson – Sovereign Chambers

Posted January 29th, 2014 in codes of practice, detention, health & safety, hospitals, mental health, murder, news, prisons, transfer of prisoners, tribunals by sally

‘On the 24th January 2014 the First-Tier Tribunal (Health, Education and Social Care)(Mental Health) published its reasons for the Tribunal’s decision regarding Mr Brady’s application for discharge which had received wide-ranging media attention at the latter end of 2013. Mr Brady’s application was to be discharged from Ashworth High Secure Hospital and be returned to prison. There was no possibility of him being discharged directly into the community by the Tribunal. He is now 75 years old.’

Full story

Sovereign Chambers, 29th January 2014

Source: www.sovereignchambers.co.uk

A Practical Guide To POCA & Unused Material: A Defence Perspective – Six Pump Court

Posted January 29th, 2014 in confiscation, criminal procedure, defence, disclosure, news, prosecutions by sally

‘It is easy to forget or overlook the fact that the Criminal Procedure & Investigations Act 1996 applies equally to confiscation proceedings as it does to the substantive criminal proceedings that have resulted in the defendant being convicted in the first place (something that prosecutors do themselves on a regular basis and only appreciate its significance when the contents of their own website are brought to their attention, see “Chapter 21: Disclosure of Unused Material Created in the Course of Financial Investigations”).’

Full story (Word)

Six Pump Court, 29th January 2014

Source: www.6pumpcourt.co.uk

Is a cheque book better than a defence statement? – Six Pump Court

Posted January 29th, 2014 in criminal justice, financial regulation, fines, news, penalties, prosecutions, public interest by sally

‘There has recently been a subtle movement away from the traditional approach deployed by the State to tackle economic crime and its consequences. Whilst the criminal justice system is wheeled out and deployed in the more serious or headline capturing cases, there appears to have been a concerted attempt by the government to impose economic penalties and fines upon individuals and companies involved in financial misfeasance through the civil or regulatory route and thus sidestepping the more traditional criminal one.’

Full story (Word)

Six Pump Court, 29th January 2014

Source: www.6pumpcourt.co.uk

Proving and disproving discrimination – Cloisters

Posted January 29th, 2014 in burden of proof, employment, equality, harassment, news by sally

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:

a. How judges apply the burden of proof s136(2)(3) EA 2010
b. What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC
c. What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

Full story (PDF)

Cloisters, 14th January 2014

Source: www.cloisters.com

Three charged with stealing food from skip behind Iceland supermarket – The Guardian

Posted January 29th, 2014 in burglary, Crown Prosecution Service, food, news, public interest, vagrancy, waste by sally

‘Crown Prosecution Service claims there is “significant public interest” in prosecuting men arrested for taking discarded food.’

Full story

The Guardian, 28th January 2014

Source: www.guardian.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Posted January 29th, 2014 in appeals, bills, consent, EC law, environmental protection, judicial review, law reports, local government, news, planning, railways, Supreme Court, transport by sally

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd)vSame; Regina (Heathrow Hub Ltd and another) v Same [2014] UKSC 3; [2014] WLR (D) 28

‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

ZZ (France) v Secretary of State for the Home Department (No 2) – WLR Daily

Posted January 29th, 2014 in appeals, confidentiality, disclosure, EC law, freedom of movement, immigration, law reports, news by sally

ZZ (France) v Secretary of State for the Home Department (No 2) [2014] EWCA Civ 7; [2014] WLR (D) 26

‘Where the state authority refused to permit a citizen of the European Union admission to the United Kingdom on grounds of public security, the national court had to ensure, as a minimum requirement, that he was informed of the essence of the grounds of the decision. While the manner in which that was done had to take due account of the necessary confidentiality of the related evidence against him, the need to protect such confidentiality was not capable of justifying non-disclosure of the essence of the grounds.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

Mental Health Act detentions up 12% – BBC News

Posted January 29th, 2014 in detention, hospitals, mental health, news, quality assurance, standards, statistics by sally

‘The number of people in England being detained under the Mental Health Act has risen by 12% in the past five years, according to the NHS regulator.’

Full story

BBC News, 28th January 2014

Source: www.bbc.co.uk

Impossible Preference: Excluding the homeless from housing lists – NearlyLegal

Posted January 29th, 2014 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and excludes other classes.’

Full story

NearlyLegal, 28th January 2014

Source: www.nearlylegal.co.uk

Bar Council chairman: further legal aid cuts would be false economy – The Guardian

Posted January 29th, 2014 in barristers, budgets, criminal justice, fees, legal aid, miscarriage of justice, news by sally

‘There will be too few experienced barristers to deal with complex criminal cases if the government pushes through proposals for further cuts to legal aid, the new chairman of the Bar Council has warned.’

Full story

The Guardian, 28th January 2014

Source: www.guardian.co.uk

Freedom of Information: But What is Information? The Upper Tribunal Opines – Panopticon

Posted January 29th, 2014 in appeals, disclosure, documents, freedom of information, interpretation, news, tribunals by sally

‘We all know that section 1 gives us a right to request information from listed public authorities, but what does “information” mean? Information is defined by section 84 of FOIA (“‘information’ (subject to sections 51(8) and 75(2)) means information recorded in any form”). This somewhat opaque definition has generally been treated as meaning that a request is for information. It is not for copies of documents. If the public authority wants to type out the document in a different format, they can, so long as the information contained within that document is provided.’

Full story

Panopticon, 28th January 2014

Source: www.panopticonblog.com

Handling of female asylum seekers ‘puts UK to shame’ – The Independent

Posted January 29th, 2014 in asylum, detention, human rights, immigration, news, rape, statistics, torture, women by sally

‘The hidden plight of women asylum seekers detained in Britain is exposed today as a major new report warns that female rape and torture victims are being locked up indefinitely, suffering from depression and being intimidated by male guards.’

Full story

The Independent, 29th January 2014

Source: www.independent.co.uk

16-year laptop credit agreement fight reaches supreme court – The Guardian

Posted January 29th, 2014 in consumer credit, consumer protection, contracts, news, sale of goods, Supreme Court by sally

‘A man embroiled in a mammoth 16-year legal battle over a laptop found himself in the “absurd and horrid” position of having to keep paying for an item he had already returned to the shop, the supreme court has been told.’

Full story

The Guardian, 28th January 2014

Source: www.guardian.co.uk

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