QASA gets go-ahead from bar regulator – Law Society’s Gazette
“The Bar Standards Board has approved the handbook for the controversial Quality Assurance Scheme for Advocates.”
Law Society’s Gazette, 25th April 2013
Source: www.lawgazette.co.uk
Regina v Cosford and others – WLR Daily
Regina v Cosford and others [2013] EWCA Crim 466; [2013] WLR (D) 147
“The test for identifying a public office turned on the nature of the duty undertaken and, in particular, whether it was a public duty in the sense that it represented the fulfilment of one of the responsibilities of government such that the public had a significant interest in its discharge extending beyond an interest in anyone who might be directly affected by a serious failure in the performance of the duty. The existence or otherwise of a public office was a question of law to be decided by a trial judge not by a jury.”
WLR Daily, 16th April 2013
Source: www.iclr.co.uk
Another blow for Theresa May: treating 17-year-olds in custody as adults ‘incompatible’ with human rights law – The Independent
“A teenager has won a High Court victory over the Home Secretary Theresa May’s policy of treating 17-year-olds taken into custody as adults – depriving them of protections offered to those aged 16 and under.”
The Independent, 25th April 2013
Source: www.independent.co.uk
Tailoring the law on vicarious liability – Lord Hope of Craighead
Tailoring the law on vicarious liability (PDF)
Lecture by Lord Hope of Craighead
Lord Taylor Memorial Lecture, Inner Temple, 23rd April 2013
Source: www.supremecourt.gov.uk
Death Row, Human Rights and the Limits of the Law – Criminal Law and Justice Weekly
“Although both the law surrounding human rights and the use of judicial review to uphold it have grown exponentially in the UK in recent times, there are still plenty of jurisdictions where even fundamental principles of justice are not respected with any consistency. It is not surprising, therefore, that the last decade has seen a number of cases where those faced with perceived injustice abroad turn homewards for redress.”
Criminal Law and Justice Weekly, 20th April 2013
Source: www.criminallawandjustice.co.uk
Barts and the London NHS Trust (Respondent) v Verma (Appellant) – Supreme Court
Barts and the London NHS Trust (Respondent) v Verma (Appellant) [2013] UKSC 20 | UKSC 2011/0246 (YouTube)
Supreme Court, 24th April 2013
Salvesen and Riddell and another (Respondents) v. The Lord Advocate (Appellant) (Scotland) – Supreme Court
Supreme Court, 24th April 2013
Uprichard (Appellant) v Scottish Ministers and another – Supreme Court
Uprichard (Appellant) v Scottish Ministers and another [2013] UKSC 21 | UKSC 2012/0034 (YouTube)
Supreme Court, 24th April 2013
BAILII: Recent Decisions
Supreme Court
Salvesen and Riddell & Anor v. The Lord Advocate (Scotland) [2013] UKSC 22 (24 April 2013)
Uprichard v Scottish Ministers & Anor (Scotland) [2013] UKSC 21 (24 April 2013)
Barts and the London NHS Trust v Verma [2013] UKSC 20 (24 April 2013)
Court of Appeal (Criminal Court)
Foye v R. [2013] EWCA Crim 475 (24 April 2013)
JFJ, R. v [2013] EWCA Crim 569 (24 April 2013)
High Court (Queen’s Bench Division)
High Court (Administrative Court)
Source: www.bailii.org
Important guidance on criminal confiscation: R v Mahmood – Halsbury’s Law Exchange
“The recent Court of Appeal judgment in R v Mahmood [2013] EWCA 325 provides important guidance on several important issues which often arise in criminal confiscation proceedings before the Crown Court.”
Halsbury’s Law Exchange, 24th April 2013
Source: www.halsburyslawexchange.co.uk
Isn’t it time to abolish most women’s prisons? – Daily Telegraph
“A parliamentary campaign launched today from Soroptimist and the Prison Reform Trust, suggests women and their families are disproportionately affected by a jail term. Ahead of Vicky Pryce’s expected release next month, Cathy Newman appraises the effectiveness of female imprisonement in the UK and considers the alternatives.”
Daily Telegraph, 25th April 2013
Source: www.telegraph.co.uk
Class A drugs policy failing, say prison governors – BBC News
“Current policy on illegal drugs creates victims of crime and more prisoners at a cost to taxpayers, the Prison Governors Association (PGA) has argued.”
BBC News, 25th April 2013
Source: www.bbc.co.uk
Police back change in law to treat 17-year-olds in custody as juveniles – The Guardian
“Senior police officers are backing a change to the law so that 17-year-olds are treated as juveniles in custody and their parents are informed if they are arrested.”
The Guardian, 24th April 2013
Source: www.guardian.co.uk
Supreme Court find A1P1 breach in retrospective legislation – UK Human Rights Blog
“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”
UK Human Rights Blog, 24th April 2013
Source: www.ukhumanrightsblog.com
McNally: ‘Access to justice’ doesn’t mean access to a lawyer – LegalVoice
“It was time to ‘move on’ from the ‘bruising’ LASPO debate, the Lord McNally said yesterday. The legal aid minister told delegates at an event organised by the Westminster Legal Policy Forum that this month’s cuts would save £180m per annum alone. ‘Yet on the criminal side, we’re still spending £1 billion every year. A significant proportion of this spending is swallowed up by a few very high cost cases,’ the legal aid minister added.”
LegalVoice, 24th April 2013
Source: www.legalvoice.org.uk
How can the courts manage the Facebook phenomenon? – UK Human Rights Blog
“In this somewhat chaotic action, the Plaintiff sued ten defendants, in anonymised form by her father and next friend.”
UK Human Rights Blog, 24th April 2013
Source: www.ukhumanrightsblog.com
Can Britain withdraw from the European human rights convention? – The Guardian
“It is theoretically possible to withdraw temporarily from the European convention on human rights particularly over matters involving terrorism.”
The Guardian, 24th April 2013
Source: www.guardian.co.uk
A Behaviour-based Approach to Sentencing for Sexual Offences – Criminal Law and Justice Weekly
“The Sentencing Council’s consultation paper on sexual offences sets out its intentions and the principles surrounding the way in which such offences ought to be approached by the courts. Although a new guideline is welcomed, it is disappointing that the consultation paper and the draft guideline continue in the same or a similar vein to the guidelines issued by the Sentencing Council and the Sentencing Guidelines Council in the past; they adopt a mechanistic approach which is restrictive and fails to appreciate the often complex nature of sexual offences.”
Criminal Law and Justice Weekly, 13th April 2013
Source: www.criminallawandjustice.co.uk
