R (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening) – WLR Daily

Posted May 14th, 2009 in burials and cremation, human rights, judicial review, law reports by sally

R (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening)

“The burning of human remains other than in a crematorium was a criminal offence under ss 2 and 8 of the Cremation Act 1902 and regs 2(1) and 13 of the Cremation (England and Wales) Regulations 2008 (SI 2008/2841). Cremation of an orthodox Hindu on an open air pyre was a manifestation of his belief within the meaning of art 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the statutory provisions on cremation limited his freedom to manifest that belief. The statutory provisions governing open air funeral pyres were, however, justified under art 9(2) on the grounds of the protection of public morals and the rights and freedoms of others.”

WLR Daily, 13th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judges quash 1998 rape conviction – BBC News

Posted May 14th, 2009 in news, rape by sally

“A man jailed 11 years ago for the rape of a schoolgirl has been cleared after judges said the conviction was unsafe.”


Full story

BBC News, 14th May 2009

Source: www.bbc.co.uk

Robbie the Pict v Director of Public Prosecutions – Times Law Reports

Posted May 14th, 2009 in law reports, road traffic offences, traffic signal cameras by sally

Robbie the Pict v Director of Public Prosecutions

Queen’s Bench Division

“A Gatsometer BV Type 36 traffic light camera was an approved device for recording the position of motor vehicles in relation to light signals.”

The Times, 14th May 2009

Source: www.timesonline.co.uk

Asylum seeker rules ‘not working’ – BBC News

Posted May 14th, 2009 in asylum, news by sally

“Tough policies to force failed asylum seekers to go home by removing their support are not working, according to a consortium of migrant charities.”

Full story

BBC News, 14th May 2009

Source: www.bbc.co.uk

Rape audit to find out why so few win justice – The Times

Posted May 14th, 2009 in criminal justice, news, rape by sally

“Rape victims are to be asked why they feel that they are being failed by the criminal justice system as new research suggests that Britain has the lowest conviction rates in Europe.”

Full story

The Times, 14th May 2009

Source: www.timesonline.co.uk

UK’s 5,000 most wanted: agency identifies top criminals – The Guardian

Posted May 14th, 2009 in crime, news by sally

“The true extent of organised crime in the UK is becoming clearer as a result of an extensive intelligence-gathering drive, according to the policing organisation responsible for bringing gangsters under control.”

Full story

The Guardian, 13th May 2009

Source: www.guardian.co.uk

Just one in eight terror arrests ends with guilty verdict, admits Home Office – The Independent

Posted May 14th, 2009 in news, prosecutions, terrorism by sally

“Seven out of eight people arrested under Britain’s terror laws since the al-Qa’ida attacks on America in 2001 were not convicted of a terrorism offence, figures released yesterday show.”

Full story

The Independent, 14th May 2009

Source: www.independent.co.uk

Jury foreman Michael Seckerson guilty of contempt over manslaughter case – The Times

Posted May 14th, 2009 in contempt of court, juries, news by sally

“A jury foreman and the publishers of The Times were found guilty of contempt of court yesterday for reporting how the jurors in a manslaughter trial reached their verdict.”

Full story

The Times, 13th May 2009

Source: www.timesonline.co.uk

Mother not guilty of shaking baby – BBC News

Posted May 14th, 2009 in child abuse, homicide, news by sally

“A woman has been found not guilty of shaking her baby son to death.”

Full story

BBC News, 13th May 2009

Source: www.bbc.co.uk

Licensing law holding back young musicians, MPs warn – The Guardian

Posted May 14th, 2009 in licensing, news by sally

“‘Absurd’ licensing laws could be damaging the prospects of young musicians, MPs have warned.”

Full story

The Guardian, 14th May 2009

Source: www.guardian.co.uk

Let’s be civil and stop ‘loser pays’ – The Times

Posted May 14th, 2009 in costs, news by sally

“Many people face financial ruin if they venture into court and lose. A landmark report suggests some alternatives.”

Full story

The Times, 13th May 2009

Source: www.timesonline.co.uk

Ruling backs false rape claim man – BBC News

Posted May 14th, 2009 in criminal injuries compensation, news, perverting the course of justice, rape by sally

“A man falsely accused of rape has been told he has grounds for compensation.”

Full story

BBC News, 13th May 2009

Source: www.bbc.co.uk

Competition referral may call time on tied pubs – The Times

Posted May 13th, 2009 in competition, licensed premises, news by sally

“A parliamentary committee has delivered a stinging rebuke to Britain’s biggest tenanted pub companies after concluding that the ‘tied’ business model should be referred to the Competition Commission.”

Full story

The Times, 13th May 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted May 13th, 2009 in legislation by sally

The Identity Cards Act 2006 (Fees) Regulations 2009

The Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009

The Companies House Trading Fund (Amendment) Order 2009

The Court Martial (Prosecution Appeals) Order 2009

The Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009

The Identity Cards Act 2006 (Designation) Order 2009

The Companies Act 2006 (Accounts, Reports and Audit) Regulations 2009

Source: www.opsi.gov.uk

Consultation paper on sentencing for burglary in a dwelling – Sentencing Guidelines Council

Posted May 13th, 2009 in burglary, news, sentencing by sally

“On Tuesday 12 May the Sentencing Advisory Panel published a consultation paper on sentencing for burglary in a dwelling. The Panel previously published advice on sentencing for ‘domestic burglary’ in 2002, leading to the Court of Appeal’s guideline judgment in McInerney and Keating. However, this judgment pre-dates the Criminal Justice Act 2003, which established a new sentencing framework, as well as the current system of sentencing guidelines.”

Consultation paper on sentencing for burglary in a dwelling (PDF)

Press Notice (PDF)

Sentencing Guidelines Council, 12th May 2009

Source: www.sentencing-guidelines.gov.uk

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece – Times Law Reports

Posted May 13th, 2009 in abuse of process, extradition, jurisdiction, law reports by sally

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece

Queen’s Bench Divisional Court

“The abuse of process jurisdiction in extradition proceedings did not include misconduct or bad faith by police in the requesting state.”

The Times, 13th May 2009

Source: www.timesonline.co.uk

Commissioners for Revenue and Customs v Annabel’s (Berkeley Square) Ltd and Others – Times Law Reports

Posted May 13th, 2009 in law reports, remuneration, service charges by sally

Commissioners for Revenue and Customs v Annabel’s (Berkeley Square) Ltd and Others

Court of Appeal

“Restaurant employers were not entitled to use discretionary tips, gratuities and service charges paid by customers to waiters and bar staff by card or cheque made out to the employer and subsequently transmitted to the workers by a tronc system to top up the pay of their employees to the national minimum wage.”

The Times, 13th May 2009

Source: www.timesonline.co.uk

Baby P would have lived if anyone had gone beyond the call of duty – The Times

Posted May 13th, 2009 in child abuse, news, social services by sally

“Health workers missed dozens of opportunities to identify abuse being suffered by Baby P before his death because of ‘systemic failings’ in the care given to the child, an official report has found.”

Full story

The Times, 13th May 2009

Source: www.timesonline.co.uk

‘Dirty tricks’ over toxic waste – BBC News

Posted May 13th, 2009 in news, pollution by sally

“London’s High Court will on Wednesday hear allegations of dirty tricks in the biggest class action ever brought before the British courts.”

Full story

BBC News, 13th May 2009

Source: www.bbc.co.uk

Justice system a ‘sexist operation’, study finds – The Guardian

Posted May 13th, 2009 in criminal justice, news, sex discrimination, victims by sally

“The criminal justice system is ­condemned as an institutionally sexist operation that lets down female victims, fails to help women offenders out of a cycle of crime and prevents professionals reaching the top jobs.”

Full story

The Guardian, 13th May 2009

Source: www.guardian.co.uk