High level Parliamentary committee asks whether mental capacity laws are working – UK Human Rights Blog

Posted July 3rd, 2013 in consent, disabled persons, human rights, legal aid, mental health, news by sally

“The House of Lords ad hoc Select Committee on the Mental Capacity Act 2005 has now heard three sessions of evidence.”

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UK Human Rights Blog, 3rd July 2013

Source: www.ukhumanrightsblog.com

HMRC “to de-register 500 pension providers” as part of pension liberation crackdown – OUT-LAW.com

Posted July 3rd, 2013 in financial regulation, news, pensions by sally

HM Revenue and Customs (HMRC) is preparing to de-register up to 500 pension providers as part of its ‘pension liberation’ compliance efforts, according to press reports.

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OUT-LAW.com, 2nd July 2013

Source: www.out-law.com

Brain-damaged claimant fails in Article 8 claim against Council – UK Human Rights Blog

“On 29 May 2004, Bradley Bedford, then aged 13, was beaten senseless by one AH, then 15, whom he had the misfortune to encounter entirely by chance near the seaside in Torbay. AH was in a children’s home there which was contracted to the Defendant Council; AH was a ‘looked after’ child under section 20 of the Children Act 1989. Bradley sued the Council for failing to protect him. His claim was limited to one under the Human Rights Act, and Article 8 ECHR in particular.”

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UK Human Rights Blog, 2nd July 2013

Source: www.ukhumanrightsblog.com

Footballer Courtney Meppen-Walter returned to jail after release error – BBC News

Posted July 3rd, 2013 in careless driving, early release, homicide, news by sally

“An ex-Manchester City footballer mistakenly released from prison early after killing a brother and sister in a car crash has returned to jail.”

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BBC News, 2nd July 2013

Source: www.bbc.co.uk

Smiley Culture inquest finds reggae star died from self-inflicted stab-wound – The Guardian

Posted July 3rd, 2013 in inquests, news, police, suicide, warrants by sally

“Reggae star Smiley Culture died from a self-inflicted stab wound to the chest during a police raid at his home, an inquest jury has found.”

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The Guardian, 2nd July 2013

Source: www.guardian.co.uk

Press regulation royal charter not imminent – BBC News

Posted July 3rd, 2013 in charters, media, news, regulations, victims by sally

“A royal charter to regulate the press will not be introduced until the autumn at the earliest, the BBC has learnt.”

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BBC News, 3rd July 2013

Source: www.bbc.co.uk

Stop and search: home secretary launches consultation on police powers – The Guardian

“The home secretary, Theresa May, has launched a six-week consultation over the future of police stop-and-search powers after telling MPs that black people were still seven times more likely to be searched on the street than white people.”

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The Guardian, 2nd July 2013

Source: www.guardian.co.uk

Name firms accused of hacking within 14 days, MPs tell police – The Independent

Posted July 3rd, 2013 in disclosure, interception, news, private investigators, time limits by sally

“The Serious Organised Crime Agency has refused to name the blue-chip companies it knows commissioned corrupt private investigators to break the law – but was immediately ordered to do so within 14 days by a committee of MPs.”

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The Independent, 2nd July 2013

Source: www.independent.co.uk

Legal aid cuts: ‘a return to widespread miscarriages of justice’ – The Guardian

“What impact will the latest raft of legal aid cuts have on people fighting councils or who are wrongly accused of a crime? We ask former defendants, their families, lawyers and experts.”

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The Guardian, 2nd July 2013

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 2nd, 2013 in legislation by sally

The Criminal Procedure Rules 2013

The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013

The Extradition Act 2003 (Amendment to Designations) Order 2013

The Evidence Through Television Links (England and Wales) Order 2013

Source: www.legislation.gov.uk

Regina v Lawrence – WLR Daily

Posted July 2nd, 2013 in appeals, firearms, guilty pleas, jurisdiction, law reports, pleadings, retrials by sally

Regina v Lawrence [2013] EWCA Crim 1054; [2013] WLR (D) 263

“The Court of Appeal (Criminal Division) had no power, when allowing an appeal against conviction, either to substitute a plea of guilty in respect of an offence as to which the defendant could not have pleaded or been found guilty or to order retrial.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

Regina v Edmondson; Regina v Weatherup; Regina v Brooks; Regina v Coulson; Regina v Kuttner – WLR Daily

Regina v Edmondson; Regina v Weatherup; Regina v Brooks; Regina v Coulson; Regina v Kuttner [2013] EWCA Crim 1026; [2013] WLR (D) 262

“A voicemail message which had been received by the intended recipient and subsequently stored in the telecommunications system of the network provider so that the intended recipient might thereafter have continued access to it by playing back the message, remained “in the course of transmission”. The interception of such a voicemail message intentionally and without lawful authority was therefore an offence contrary to section 1 of Regulation of Investigatory Powers Act 2000.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

Regina (Secretary of State for Foreign and Commonwealth Affairs) v Assistant Deputy Coroner for Inner North London – WLR Daily

Regina (Secretary of State for Foreign and Commonwealth Affairs) v Assistant Deputy Coroner for Inner North London [2013] EWHC 1786 (Admin); [2013] WLR (D) 261

“It was a matter for the court in the exercise of its case management powers, having regard to the overriding objective to deal with cases justly, whether persons directly affected by judicial review proceedings should be joined as interested parties.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

Grey v Swansea City and County Council – WLR Daily

Posted July 2nd, 2013 in contracts, law reports, licensing, local government, road traffic by sally

Grey v Swansea City and County Council [2013] WLR (D) 260

“A public service vehicle could be ‘used on a road for carrying passengers for hire or reward’, within the terms of the Public Passenger Vehicles Act 1981, even if it were not actually in motion on the road, and so failure to display the operator’s disc, which section 18 of the Act required to be fixed to and exhibited on the vehicle, on such a stationary vehicle could constitute a breach of statutory duty.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

Justice Secretary updates on competitive tendering for criminal legal aid – Ministry of Justice

“Justice Secretary Chris Grayling has written to the Chair of the Justice Select Committee on competitive tendering for criminal legal aid.”

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Ministry of Justice, 1st July 2013

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

New online application service for Lasting Powers of Attorney (LPA) – Ministry of Justice

Posted July 2nd, 2013 in consultations, documents, electronic filing, powers of attorney by sally

“Thousands of people will be helped by a new online system which will make it simpler, clearer and faster to apply for Lasting Powers of Attorney (LPA).”

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Ministry of Justice, 2nd July 2013

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

Does the Legal Education and Training Review live up to its billing? – Law Society’s Gazette

“There is one quote in the long-delayed Legal Education and Training Review report that gives the game away – perhaps accidentally. ‘It became clear,’ say the authors, ‘that removing some significant parts of the system, such as training contracts and pupillages, would not be acceptable.’ One must assume, then, that the reviewers accepted their remit would be strictly circumscribed at the outset. Was it not their job to decide what ought to be ‘acceptable’ – or at least actively considered? Seemingly not.”

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Law Society’s Gazette, 1st July 2013

Source: www.lawgazette.co.uk

Cuts Will “Destroy” Legal Aid System – Criminal Law and Justice Weekly

Posted July 2nd, 2013 in competition, consultations, criminal justice, legal aid, news, tenders by sally

“Jon Robins surveys the responses to the Government’s legal aid consultation paper.”

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Criminal Law and Justice Weekly, 29th June 2013

Source: www.criminallawandjustice.co.uk

Does Taser Use Breach Human Rights? – Criminal Law and Justice Weekly

Posted July 2nd, 2013 in firearms, human rights, news, police, weapons by sally

“Does Taser use breach fundamental human rights? That was the question at a Law Society Public Debate Series event held on June 24, 2013.”

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Criminal Law and Justice Weekly, 1st July 2013

Source: www.criminallawandjustice.co.uk

Specialist courts under microscope on costs budgeting – Law Society’s Gazette

“Exempting mandatory costs budgeting for claims in excess of £2m may be ‘unnecessary and inappropriate’, a newly established sub-group of the Civil Procedure Rule committee has suggested.”

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Law Society’s Gazette, 1st July 2013

Source: www.lawgazette.co.uk