Prison book ban may face legal challenge – BBC News
‘A government policy that bans books being sent to prisoners in England and Wales may face a legal challenge.’
BBC News, 7th May 2014
Source: www.bbc.co.uk
Legal professional privilege does not automatically engage an EIR exception – Panopticon
‘FOIA provides an exemption (s. 42) expressly for legal professional privilege; as is well known, there is ‘strong inherent weight’ in maintaining that exemption. What about the EIRs? LPP is not expressly mentioned, but regulation 12(5)(b) EIR applies to information the disclosure of which would adversely affect “the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature”. Does information attracting LPP automatically come within that exception? Many practitioners operate on the assumption that the answer is ‘yes’. The Upper Tribunal has on a previous occasion, however, left that question open: DCLG v IC and Robinson [2012] UKUT 103 (AAC); [2012] 2 Info LR 43.’
Panopticon, 6th May 2014
Source: www.panopticonblog.com
Gambling regulator to issue guidance on ‘gambling software’ after imposing new licensing conditions on its supply – OUT-LAW.com
‘Remote gambling operators in Great Britain (GB) will be forced to ensure that they source their gambling software from a GB licensed provider to remain compliant with a new licensing regime being brought into force.’
OUT-LAW.com, 6th May 2014
Source: www.out-law.com
Graham Gee and Kate Malleson: Judicial Appointments, Diversity and the Equal Merit Provision – UK Constitutional Law Association
‘One of the changes introduced by the Crime and Courts Act 2013 was to amend section 63 of the Constitutional Reform Act 2005, which provides that the Judicial Appointments Commission (JAC) must select candidates for judicial office ‘solely on merit’. Schedule 13 of the 2013 Act clarified that making selections solely on merit does not prevent the JAC from recommending a candidate on the basis of improving diversity on the bench where there are two candidates of equal merit. This is variously known as the ‘equal merit’, ‘tie-break’ or ‘tipping point’ provision and derives from s 159 of the Equality Act 2010. After a consultation exercise last summer, the JAC last month published its policy on how it will implement the equal merit provision. In this post, we draw on research conducted as part of an AHRC-funded project on The Politics of Judicial Independence to explain why the JAC’s policy is disappointingly cautious, limits the prospect of further progress on diversity and offers further evidence of what we believe is the excessive judicial influence on judicial appointments.’
UK Constitutional Law Association, 6th May 2014
Source: www.ukconstitutionallaw.org
Knife crime sentencing – let’s cut the politics – Halsbury’s Law Exchange
‘Chris Grayling announced an intention to amend the Criminal Justice and Courts Bill to include a provision providing for a six-month minimum sentence for a second knife-related offence. This was met with opposition from Grayling’s Liberal coalition partners (more of which later).’
Halsbury’s Law Exchange, 6th May 2014
Source: www.halsburyslawexchange.co.uk
Serious fraud trial abandoned because of cuts to legal aid for defence representation – UK Human Rights Blog
‘A judge has halted a serious fraud trial after defendants claimed they could not get adequate representation because cuts to legal aid, and as a result they would not get a fair trial under common law or Article 6 of the Convention. This case could be the first of a number of reversals following the government’s legal aid reforms with seven further trials due to start before September 2015 involving 28 defendants in similar positions.’
UK Human Rights Blog, 6th May 2014
Source: www.ukhumanrightsblog.com
Juries need to be taught about the reality of rape, says DPP – The Independent
‘Judges should warn juries about the common misconceptions people have about rape before they are allowed to hear any evidence, two of the leading figures in the fight against sex crime say today.’
The Independent, 6th May 2014
Source: www.independent.co.uk
Forced marriage a problem for all religious minority communities in Britain – The Independent
‘Forced marriage is not confined to Britain’s Muslim communities but exists among all minority groups, the head of a commission into the issue has said.’
The Independent, 6th May 2014
Source: www.independent.co.uk
Top police officer blames £11,000 crime spree on brain injury – Daily Telegraph
‘A senior police officer who carried out a series of frauds on high street stores and travel companies blamed her crime spree on a brain injury as she was jailed for two and a half years.’
Daily Telegraph, 6th May 2014
Source: www.telegraph.co.uk
Child prostitution woman Amanda Spencer jailed for 12 years – BBC News
‘A woman who ran a child sex ring from the age of 16 by luring “weak and vulnerable” girls into prostitution has been jailed for 12 years.’
BBC News, 6th May 2014
Source: www.bbc.co.uk
Palestinian asylum seeker to be deported for ‘appalling crime history’ – Daily Telegraph
‘A convicted Palestinian drug dealer is finally being thrown out of Britain after using the Human Rights Act to remain in the UK for an eight-year crime spree.’
Daily Telegraph, 6th May 2014
Source: www.telegraph.co.uk
Ofcom investigates Top Gear after complaint of ‘casual racism’ – Daily Telegraph
‘Ofcom is to investigate Top Gear after allegations Jeremy Clarkson used a racist term during its Burma special.’
Daily Telegraph, 6th May 2014
Source: www.telegraph.co.uk
Danish Kaneria’s life ban from cricket upheld by the high court – The Guardian
‘Danish Kaneria, the former Essex and Pakistan spinner who was given a life ban after a disciplinary panel concluded that he had encouraged a team-mate to underperform, has lost a high court fight with the England and Wales Cricket Board.’
The Guardian, 6th May 2014
Source: www.guardian.co.uk
Judicial Review, Legal Aid and Operation Cotton – the Human Rights Roundup – UK Human Rights Blog
‘Legal aid, judicial review and the role of the Lord Chancellor dominated the headlines last week – with the Operation Cotton case and the Joint Committee on Human Right’s report on judicial review putting increasing pressure on the Government’s reforms.’
UK Human Rights Blog, 6th May 2014
Source: www.ukhumanrightsblog.com
ONS report on ‘zero hours’ contracts highlights difficulties in legislating for them, says expert – OUT-LAW.com
‘The government would find it hard to create legislation to deal with zero hours contracts because it is hard to define exactly what is meant by a “zero hours” contract and how many people are working under them, an expert has said.’
OUT-LAW.com, 2nd May 2014
Source: www.out-law.com
Do we need a root-and-branch review of the Abortion Act? – Halsbury’s Law Exchange
‘In a thoughtful piece in the Guardian, MP Sarah Wollaston calls for a review of the Abortion Act. She focuses on the decision by the General Medical Council (GMC) not to pursue Fitness to Practice proceedings against 67 doctors who had pre-signed, without assessing the women concerned, the forms used to authorise abortion. She concludes: “… it makes no sense to prolong outdated and paternalistic attitudes that only doctors can make judgments about whether the grounds for the Abortion Act are satisfied. It makes even less sense to leave the situation as it is now with doubts about the legal obligation for a doctor to have seen the woman to whom form HSA1 refers; clear guidance must be issued as to whether doctors may sign based on evidence from clinical nurse specialists. A change to allow clinicians other than doctors to certify directly would, however, require an amendment to the Abortion Act.
In my view, the act is no longer fit for purpose. This would be a good time for a wider review of the ethical arguments and public attitudes, and to establish a legal framework fit for the 21st century.” ‘
Halsbury’s Law Exchange, 2nd May 2014
Source: www.halsburyslawexchange.co.uk
Judicial review to go ahead on impact of ‘bedroom tax’ on separated families – Local Government Lawyer
‘Human rights campaign group Liberty has been given permission by a High Court judge to bring a judicial review claim over the impact of the Government’s spare-room subsidy or “bedroom tax” on separated families with shared custody of children.’
Local Government Lawyer, 2nd May 2014
Source: www.localgovernmentlawyer.co.uk
New APIL president blames non-legally qualified lord chancellor for harsh reforms – Litigation Futures
‘A legally qualified Lord Chancellor would not have put in place the recent personal injury changes and court fee reform proposals, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’
Litigation Futures, 6th May 2014
Source: www.litigationfutures.com
