Theresa May to ban two extremist groups – The Guardian

Posted July 9th, 2013 in crime, news, penalties, proscribed organisations, terrorism by sally

“Two extremist groups – UK-based Minbar Ansar Deen and Nigeria-based Boko Haram – are to be proscribed in the UK under terrorism laws, making membership and support for them a criminal offence.”

Full story

The Guardian, 8th July 2013

Source: www.guardian.co.uk

Regina v Sadique (Omar) – WLR Daily

Posted July 9th, 2013 in appeals, assisting offenders, crime, drug offences, law reports by sally

Regina v Sadique (Omar) [2013] EWCA Crim 1150 ; [2013] WLR (D) 269

“Section 46 of the Serious Crime Act 2007 created the offence of encouraging or assisting the commission of one or more offences. Its specific ingredients and the subsequent legislative provisions underlined that an indictment charging a section 46 offence of encouraging one or more offences was permissible.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Regina v Harvey – WLR Daily

Posted July 9th, 2013 in appeals, confiscation, crime, law reports, sentencing, valuation by sally

Regina v Harvey [2013] EWCA Crim 1104; [2013] WLR (D) 268

“If a defendant obtained chattels as a result of his criminal conduct and used them over a substantial period, materially reducing their value before restoring them to their true owners, the court should not give credit for their residual value when making a confiscation order.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

San Vicente and another v Secretary of State for Communities and Local Government and others – WLR Daily

San Vicente and another v Secretary of State for Communities and Local Government and others [2013] EWCA Civ 817; [2013] WLR (D) 267

“An application for permission to amend the grounds of an application under section 288 of the Town and Country Planning Act 1990 which had been made after the expiry of the six-week period allowed by section 288(3) for the institution of section 288 proceedings was governed by CPR r 17.1(2), not by CPR r 17.4.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

New press regulator with ‘real teeth’ could be set up within months – The Guardian

Posted July 9th, 2013 in fines, media, news, whistleblowers by sally

“A new self-regulator for the press with ‘very real teeth’ could be established within three or four months to break the political impasse over royal charters, according to a Trinity Mirror executive involved with the project.”

Full story

The Guardian, 8th July 2013

Source: www.guardian.co.uk

Not pending this appeal – NearlyLegal

Posted July 9th, 2013 in appeals, homelessness, housing, judicial review, local government, news by sally

“When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the County Court, what is the applicant’s route to challenge a refusal by the local authority to provide accommodation pending appeal to the Court of Appeal?”

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NearlyLegal, 8th July 2013

Source: www.nearlylegal.co.uk

Guerilla gardening in unlawfully occupied property did not give rise to Article 8 rights – UK Human Rights Blog

Posted July 9th, 2013 in appeals, human rights, news, repossession, squatting, trespass by sally

“A common law rule that the court had no jurisdiction to extend time to a trespasser could no longer stand against the Article 8 requirement that a trespasser be given some time before being required to vacate.”

Full story

UK Human Rights Blog, 8th July 2013

Source: www.ukhumanrightsblog.com

Should TV cameras be allowed in British courts? – Daily Telegraph

Posted July 9th, 2013 in courts, media, news, Scotland, video recordings by sally

“A Scottish trial has been filmed for TV. Could this ever happen in England, asks Neil Midgley.”

Full story

Daily Telegraph, 8th July 2013

Source: www.telegraph.co.uk

Related link: Nat Fraser case: Murder trial to be broadcast on TV

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Nuisance calls: stronger powers sought for earlier intervention – The Guardian

Posted July 9th, 2013 in complaints, fines, news, nuisance, recidivists, telecommunications by sally

“As the Information Commissioner’s Office fines Tameside Energy Services £45,000 for unwanted calls, it demands a simplification of the rules around punishment.”

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The Guardian, 8th July 2013

Source: www.guardian.co.uk

Government backs jailing reckless bankers – BBC News

Posted July 9th, 2013 in banking, bills, crime, misfeasance, news, penalties, reports by sally

“The government has said it will support most of the recommendations produced by the Parliamentary Commission for Banking Standards.”

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BBC News, 8th July 2013

Source: www.bbc.co.uk

Woman won harrassment case against ‘bullying bank’ – Daily Telegraph

“A woman has won a case of harassment against her bank after she was plagued by more than 500 calls for missing a single loan payment.”

Full story

Daily Telegraph, 8th July 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Jeremy Bamber among Britain’s most notorious murderers to challenge whole-life sentences in European courts – The Independent

Posted July 9th, 2013 in human rights, murder, news, proportionality, sentencing by sally

“Strasbourg’s human rights’ court is due to issue a judgement this week on a highly controversial case brought by three of Britain’s most notorious murderers.”

Full story

The Independent, 8th July 2013

Source: www.independent.co.uk

Treatment of women in British courts varies widely – The Guardian

Posted July 9th, 2013 in bills, criminal justice, detention, magistrates, news, sentencing, women by sally

“Some magistrates’ courts are four times more likely to send women to prison than others, according to figures obtained by the Howard League for Penal Reform.”

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The Guardian, 9th July 2013

Source: www.guardian.co.uk

Terror suspect benefits could be cut – Theresa May – BBC News

Posted July 9th, 2013 in benefits, human rights, legal aid, news, social security, terrorism by sally

“Ministers are to look at curtailing benefits for those suspected of terror offences, the home secretary has said.”

Full story

BBC News, 8th July 2013

Source: www.bbc.co.uk

More than half of the country’s jails are overcrowded because system is being ‘flooded’ with low-level offenders – The Independent

Posted July 9th, 2013 in news, prisons, probation, statistics by sally

“More than half of the country’s jails are officially overcrowded because the criminal justice system is being ‘flooded’ with low-level offenders, according to new research.”

Full story

The Independent, 8th July 2013

Source: www.independent.co.uk

‘Gutting’ of Jillings child abuse report angers victims – The Guardian

“A decision to continue to withhold crucial details from a damning report on widespread abuse in children’s homes has been strongly criticised by victims, lawyers and child protection experts.”

Full story

The Guardian, 8th July 2013

Source: www.guardian.co.uk

Misuse of stop and search powers risks undermining police, says watchdog – The Guardian

“The misuse of ‘intrusive and contentious’ stop and search powers is threatening to undermine the legitimacy of the police, an official watchdog has warned.”

Full story

The Guardian, 9th July 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 8th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Sadique v R [2013] EWCA Crim 1150 (05 July 2013)

Court of Appeal (Civil Division)

Chishimba v Royal Borough of Kensington And Chelsea [2013] EWCA Civ 786 (25 March 2013)

Nicholas, R (on the application of) v Upper Tribunal (Administrative Appeals Chamber) & Anor [2013] EWCA Civ 799 (05 July 2013)

Secretary of State for Communities and Local Government v San Vicente & Anor [2013] EWCA Civ 817 (05 July 2013)

Edwards v Flamingo Land Ltd [2013] EWCA Civ 801 (05 July 2013)

High Court (Queen’s Bench Division)

Ali v Caton & Anor [2013] EWHC 1730 (QB) (05 July 2013)

High Court (Administrative Court)

Edwards v Government of United States of America [2013] EWHC 1906 (Admin) (04 July 2013)

Source: www.bailii.org

Judicial Appointments Commission performance in improving judicial diversity regarding women and BAME candidates: evidence pack – Judicial Appointments Commission

“This evidence-pack reports on the diversity of recommendations made by the JAC along gender and ethnicity for the court and tribunal judiciary. It compares this diversity against different standards, including the eligible pool and recommendations made prior to the formation of the JAC. It also looks at the change in diversity among the sitting judiciary since the formation of the JAC and shows how much work there is left to do before we have a truly representative judiciary.”

Evidence pack (Powerpoint)

Judicial Appointments Commission, 13th June 2013

Source: www.jac.judiciary.gov.uk

Pupillage ‐ the way ahead  – The Bar Council

Posted July 8th, 2013 in barristers, legal aid, legal education, news, pupillage by sally

“The autumn of 2013 will see Government proposals which may bring about the greatest changes to the provision of legally aided representation in criminal cases since the introduction of public funding for those accused of crime. The last two years have seen the most fundamental reduction of legal aid provision in family and general civil work since the introduction of legal aid in 1948.”

Full story (PDF)

The Bar Council, June 2013

Source: www.barcouncil.org.uk