Category: news
Are you fit for “fitness to plead”? – One Inner Temple Lane
“The concept of ‘fitness to plead’ is often a source of confusion. It is not solely a consideration of whether the defendant is actually capable of being arraigned on the indictment. The question to be addressed is whether a defendant is fit to enter a plea and stand trial. A person may have sufficient capacity to deny the allegation that is made and yet be unable to undergo the entire trial process. The defence should not overlook the possible benefits, where properly available, to a defendant of a finding of unfitness to plead. Where the issue of fitness to plead is raised it must be determined by a Judge. The defendant ought not to be arraigned before this issue is determined. If a defendant is found unfit to plead there is a further hearing before a jury to determine whether or not he did the act or acts alleged. If unsure, the defendant will be acquitted and so he will have the advantage of challenging the Crown’s evidence. If the finding is adverse to the defendant then the Judge has the power to make a hospital order (with or without restriction), a supervision order or an absolute discharge. The defendant can be diverted from the prison system in this way.”
One Inner Temple Lane, 1st May 2012
Source: www.1itl.com
The vexatious allegation – One Inner Temple Lane
“False reports to the police are rare. Most complaints are truthful and accurate and amount to a proper grievance. However, there are some that are either false or wild exaggerations of the truth. There are yet more that may well be true but amount only to such a trivial complaint that a reasonable person would not think it worthy of the attention of the authorities. The subject of such reporting has hitherto had limited redress in law. Unless the Crown were wiling to prosecute the accuser the chances of retribution were small. The case of Waxman has brought to notice an area of civil redress.”
One Inner Temple Lane, 1st May 2012
Source: www.1itl.com
Securing Commons – The Right and the Just? De-mystifying Commons Registration – Hardwicke Chambers
“In the recent decision in Taylor v Betterment Properties Ltd [2012] EWCA Civ 250, the Court of Appeal has provided useful guidance on two questions arising under the Commons Registration Act 1965 and potentially of wider implication.”
Hardwicke Chambers, 2nd May 2012
Source: www.hardwicke.co.uk
Djanogly: Justice supports business – Ministry of Justice
“Justice Minister Jonathan Djanogly met today with business leaders to launch ‘Justice for Business: Supporting Business and Promoting Growth,’ a new paper outlining how the Government’s ambitious reform programme is making the justice system more effective, less costly and better for business.”
Ministry of Justice, 8th May 2012
Source: www.justice.gov.uk
Magistrates to sit in community centres in plan to speed up justice – Daily Telegraph
“Ministers are to announce plans to allow magistrates to sit on their own in community centres or police stations in a bid to speed up justice.”
Daily Telegraph, 8th May 2012
Source: www.telegraph.co.uk
Censure of councillor for “sarcastic, lampooning and disrespectful” blog breached his free speech rights – UK Human Rights Blog
“The decision to censure a Welsh councillor for comments on his blog was a disproportionate interference with his right to freedom of expression, the High Court has ruled. This right requires a broad interpretation of what counts as ‘political speech’ – even when the speech is sarcastic and mocking.”
UK Human Rights Blog, 7th May 2012
Source: www.ukhumanrightsblog.com
Drug-drivers to face jail time under new law – The Guardian
“Drivers found to have taken drugs face a prison sentence of up to six months and a fine of up to £5,000 under new legislation, ministers reveal on Monday.”
The Guardian, 7th May 2012
Source: www.guardian.co.uk
Magistrates should use online crime maps ahead of sentencing – Daily Telegraph
“Magistrates say they should be able to use new online crime maps to give tougher sentences for offenders who are blighting a neighbourhood.”
Daily Telegraph, 5th May 2012
Source: www.telegraph.co.uk
Jeremy Bamber lawyers challenge refusal of appeal – The Guardian
“Lawyers acting for the convicted murderer Jeremy Bamber have issued a legal challenge to the Criminal Cases Review Commission (CCRC) following its decision not to refer his case back to the court of appeal. They say the commission has acted ‘unlawfully, overstepped its powers and usurped the function of the appeal court’.”
The Guardian, 7th May 2012
Source: www.guardian.co.uk
Suing the corporate soul; parent company down for asbestosis – UK Human Rights Blog
“This may sound like a rather dreary topic, but the problem is vitally important for the proper reach of environmental and personal injury law. Some may have seen from my post on the Erika disaster the difficult issues which can arise when a multi–national (in that case, Total) does business through a number of corporate entities, particularly where they are domiciled in different countries. But the present case is a good example where liabilities are not confined to the party directly responsible for the injury or disaster. Good thing, too, for this claimant, who stood to gain nothing from his former employer, a company now dissolved, or indeed its insurers.”
UK Human Rights Blog, 4th May 2012
Source: www.ukhumanrightsblog.com
Head teachers threaten legal action over ‘flawed’ inspector ratings – Daily Telegraph
“Head teachers are threatening legal action over school inspection judgements they consider to be ‘flawed’.”
Daily Telegraph, 5th May 2012
Source: www.telegraph.co.uk
London’s criminals to get a break during Olympics as courts close – The Independent
“Almost half of the courtrooms handling the most serious criminal cases in London will be closed down during the Olympics, according to official plans.”
The Independent, 7th May 2012
Source: www.independent.co.uk
Batang Kali massacre hearing due to start at high court – The Guardian
“The government will be challenged in court on Tuesday to investigate the killing by British troops of 24 Malaysian rubber plantation workers more than 60 years ago.”
The Guardian, 7th May 2012
Source: www.guardian.co.uk
Basque terrorism suspect loses court extradition bid – BBC News
“An alleged Basque militant has lost his High Court bid to halt his extradition to Spain on terror-related charges.”
BBC News, 4th May 2012
Source: www.bbc.co.uk
Ex-Supreme Court judge and Herbert Smith partner joins Essex Court – Legal Week
“Former Herbert Smith partner and UK Supreme Court judge Lord Collins of Mapesbury has joined Essex Court Chambers after retiring from the UK’s top court last year. Lord Collins started at Essex Court this week as a full-time arbitrator. He retired from the Supreme Court in 2011 after serving two years on the highest judicial bench.”
Legal Week, 3rd May 2012
Source: www.legalweek.com
When does an expert report constitute “independent evidence” of torture? – UK Human Rights Blog
“Whether expert evidence relied upon by an asylum seeker amounted to ‘independent evidence’ of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s claim against the Home Office for wrongful imprisonment contrary to the UK Border Agency’s Enforcement Instructions and Guidance. The Guidance, which contains the policy of the Agency on detentions (amongst other things), says that where there is ‘independent evidence’ that a person has been tortured, that person is suitable for detention only in ‘very exceptional circumstances’.”
Source: www.ukhumanrightsblog.com
