‘It is suggested that the USA PATRIOT Act, legislation swiftly enacted by US Congress in the wake of the 11 September 2001 terrorist act was a “backronym” designed to play on the national pride around at the time. Clever political manoeuvring? Potentially so.’
Full story
Halsbury’s Law Exchange, 16th July 2014
Source: www.halsburyslawexchange.co.uk
‘Provisions in the Immigration Rules which impose income requirements on individuals living in the United Kingdom, who wish to bring their non-European Economic Area citizen spouses to live with them, are not a disproportionate interference with their right to family life under Article 8 of the European Convention on Human Rights. The Court of Appeal has also underlined the important (but often misunderstood) point that there is no legal requirement that the Immigration Rules should provide that the best interests of the child should be determinative. Section 55 of the Borders, Citizenship and Immigration Act 2009 is not a “trump card” to be played whenever the interests of a child arise. ‘
Full story
UK Human Rights Blog, 21st July 2014
Source: www.ukhumanrightsblog.com
‘A report by the Home Affairs Committee (HAC) is a response to what it calls the “ongoing national scandal” of female genital mutilation (FGM). FGM is the mutilation of the genitalia of young women and girls for non-medical reasons. The history of FGM in the UK makes for sobering and shocking reading. It is estimated that 170,000 women and girls are living with the legacy of FGM in this country and 65,000 girls aged 13 or under are at this moment at risk of mutilation. Despite having been criminalised here in 1985, there has not been a single successful prosecution.’
Full story
Halsbury’s Law Exchange, 18th July 2014
Source: www.halsburyslawsexchange.co.uk
‘A nurse with a cannibalism fetish has been found guilty of trying to meet a 14-year-old girl after sexually grooming her online and promising to behead and eat her.
Full story
The Guardian, 21st July 2014
Source: www.guardian.co.uk
‘In O’Brien v Bristol CC [2014] EWHC 2423 (Admin) [heard at the RCJ instead of in the Bristol admin court? Not on Bailii yet but we have seen a transcript], a range of issues arose out of the council’s decision to seek and obtain a possession order of an unauthorised encampment below the M5 at Avonmouth. The real aim of this judicial review, though, was not the possession order, but the council’s decision not to allow the O’Brien’s and their four caravans to return to the temporary transit site, which had available pitches. The O’Briens had stayed at that temporary site for the allowable period (13 weeks) and had been entitled to overstay on the ground of exceptional circumstances for a period. They then moved off and ended up at the M5 site. The O’Briens had also made a homelessness application and been offered interim bricks and mortar accommodation. The council’s officer had considered whether to allow the O’Briens back on to the transit site but decided against it for what would have been an indefinite period and which would have set a precedent for allowing extended stays in breach of planning controls. The O’Briens’ were unsuccessful on the merits although Burnett J did give permission to bring the judicial review’
Full story
NearlyLegal, 19th July 2014
Source: www.nearlylegal.co.uk
‘In the context of the draft EU General Data Protection Regulations (the Draft Regulations) – which will replace the current EU Data Protection Directive 95/46/EC (the Directive) – should the European Court of Justice’s (ECJ) Google Spain “Right to be forgotten” ruling be welcomed? Is it testing the “right to be forgotten” contained in the Draft Regulations before it is enshrined in legislation, or does it simply amount to the clumsy implementation of a “new” right without a democratic debate on its wider implications?’
Full story
Halsbury’s Law Exchange, 17th July 2014
Source: www.halsburyslawexchange.co.uk
Cary v Commissioner of Police of the Metropolis (Equality and Human Rights Commission intervening) [2014] EWCA Civ 987; [2014] WLR (D) 320
‘The Court of Appeal gave guidance as to the procedure for the appointment of assessors in discrimination cases under the Equality Act 2010.’
WLR Daily, 17th July 2014
Source: www.iclr.co.uk
Regina v Mehmedov [2014] EWCA Crim 1523; [2014] WLR (D) 325
‘A certificate of a conviction in a member state of the European Union was admissible in evidence under section 73(1) of the Police and Criminal Act 1984 even where the conviction preceded the accession of the member state concerned to the European Union.’
WLR Daily, 18th July 2014
Source: www.iclr.co.uk
‘The Data Retention and Investigatory Powers (Drip) bill that yesterday cleared the House of Lords will make companies holding UK citizens’ communications data far more attractive to criminal hackers, a security expert has warned.’
Full story
The Guardian, 18th July 2014
Source: www.guardian.co.uk
‘Last week, a jury at the inquest into the death of American tourist Brian Dalrymple, who died after being detained at the Harmondsworth Immigration Removal Centre (pictured), delivered a verdict of ‘natural causes contributed to by neglect’. The jury’s verdict amounted to a finding that there were gross failures in the medical care Brian received which caused or contributed to his death.’
Full story
Law Society’s Gazette, 21st July 2014
Source: www.lawgazette.co.uk
‘The Ministry of Justice is trying to re-employ more than 2,000 prison officers who only recently took voluntary redundancy, in a move to avert a crisis triggered by the rising number of prisoners in Britain’s jails.’
Full story
The Guardian, 20th July 2014
Source: www.guardian.co.uk
‘Almost 150 suspects have been charged for offences after alleged victims appealed against decisions not to prosecute them under the new right to review scheme, according to new figures.’
Full story
The Independent, 19th July 2014
Source: www.independent.co.uk
‘Footballer Ched Evans has launched a fresh bid to get his rape conviction overturned.’
Full story
BBC News, 19th July 2014
Source: www.bbc.co.uk
‘A damages action brought against the UK over a 2004 rendition case involving a Libyan politician and his wife is being heard at the Court of Appeal later.’
Full story
BBC News, 21st July 2014
Source: www.bbc.co.uk
‘Compensation claims for industrial deafness have risen by two thirds over the past two years, according to insurance and legal experts. Despite the increase, however, only one in 10 cases are being paid out amid claims of widespread fraud.’
Full story
The Independent, 20th July 2014
Source: www.independent.co.uk
‘Hundreds of solicitors’ firms will close if the Ministry of Justice does not postpone fee cuts and delay changes to criminal legal aid contracts, the new president of the Law Society has warned.’
Full story
The Guardian, 21st July 2014
Source: www.guardian.co.uk
Lamb Building has an immediate vacancy for a Third Six pupil, working predominantly in crime. Past experience in criminal work is expected.
For further details please email admin@lambbuilding.co.uk or for an informal chat call 020 7797 7788 and speak to a member of the Pupillage Committee.
‘A 66-year-old man has been jailed for life for raping a three-year-old boy he was babysitting.’
Full story
BBC News, 18th July 2014
Source: www.bbc.co.uk
‘A former police constable has been jailed for 18 months for offering to sell a salacious story about a “womanising and bullying” colleague to the Sun newspaper.’
Full story
The Guardian, 17th July 2014
Source: www.guardian.co.uk
‘A new inquest has been ordered into the death of soldier Pte Cheryl James at Deepcut barracks in Surrey.’
Full story
BBC News, 18th July 2014
Source: www.bbc.co.uk