Forensic review of sexual assault cases ordered after poor practice concerns – The Guardian

Posted September 17th, 2015 in criminal justice, evidence, forensic science, inquiries, news, sexual offences by tracey

‘The forensic science regulator is reviewing a series of sexual assault cases to examine whether poor evidence gathering at crime scenes may be compromising criminal justice in the UK, she has told the Guardian.’

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The Guardian, 17th September 2015

Source: www.guardian.co.uk

High Court finds Legal Aid Agency “asked itself wrong question” about means assessment – Free Movement

Posted September 9th, 2015 in evidence, law firms, legal aid, news, remuneration by sally

‘In a judgment that may be of interest to legal aid lawyers, the High Court has overturned a rejection by the Legal Aid Agency (LAA) of a legal aid claim by Duncan Lewis solicitors. The Legal Aid Agency should have considered whether the means assessment conducted by Duncan Lewis, which had assessed a client KW as having provided sufficient evidence to show that she came within the financial threshold for legal aid, had made a reasonable judgement. The LAA had erred in refusing to fund the case on the basis that the documents relied upon were outside of the ‘assessment window’, Cranston J held in the case of R (On the Application Of Duncan Lewis (Solicitors) Ltd) v The Lord Chancellor [2015] EWHC 2498 (Admin).’
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Free Movement, 8th September 2015

Source: www.freemovement.org.uk

Patrick O’Brien: Judges and Select Committees: A Developing Accountability Culture – UK Constitutional Law Association

Posted September 7th, 2015 in evidence, inquiries, judges, news, select committees, statistics by sally

‘When is a judge not a judge? Lady Justice Hallett carried out a public inquiry into the ‘On the runs’ scheme in 2014. In its report on the same issue in March 2015 the Commons Northern Ireland Affairs Select Committee commented rather sternly that

“we chose not to summon Lady Justice Hallett to attend, but we consider it to be a regrettable discourtesy to Parliament that she declined our initial invitation to give evidence to the Committee, especially as she had not acted in a judicial capacity when carrying out her review. [at para. 11]”‘

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UK Constitutional Law Association, 7th September 2015

Source: www.ukconstitutionallaw.org

Tony Blair loses challenge against Daily Mail story – The Guardian

Posted September 3rd, 2015 in complaints, evidence, media, news, select committees by sally

‘The Independent Press Standards Organisation has rejected a complaint from Tony Blair seeking a retraction of a Daily Mail article that accused him of trying to “wriggle out” of an investigation by a committee of MPs.’

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The Guardian, 3rd September 2015

Source: www.guardian.co.uk

Date fixed for Lord Janner hearing – BBC News

‘A judge will decide at a hearing on 7 December whether Lord Janner, who is facing child sex abuse charges spanning three decades, is fit to plead.’

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BBC News, 1st September 2015

Source: www.bbc.co.uk

Chilcot report delays blamed on ‘vested interests’ – The Guardian

Posted September 1st, 2015 in delay, disclosure, documents, evidence, inquiries, Iraq, judges, news, reports, war by sally

‘Anger over continued delays in the publication of the report into the Iraq war has swung back against the government with allegations that “vested interests” have tried to suppress evidence.’

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The Guardian, 29th September 2015

Source: www.guardian.co.uk

Soviet dissident sues Crown Prosecution Service, alleging libel – The Guardian

‘The veteran Soviet dissident Vladimir Bukovsky is suing the Crown Prosecution Service for libel over a statement it issued in April announcing that he was being charged with child pornography offences.’

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The Guardian, 24th August 2015

Source: www.guardian.co.uk

Lady Butler-Sloss criticised for giving evidence for defence in child rape trial – The Guardian

Posted August 24th, 2015 in assault, child abuse, evidence, inquiries, judges, news, rape, witnesses by sally

‘A prominent retired high court judge, who specialised in family matters, has been criticised for giving evidence for the defence in the case of a man accused of raping a girl – though she knew he had a previous conviction for violence.’

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The Guardian, 24th August 2015

Source: www.guardian.co.uk

Six appeal against convictions linked to Mazher Mahmood’s stories – The Guardian

Posted August 17th, 2015 in appeals, Crown Prosecution Service, evidence, news, perjury by sally

‘Six people caught in sting operations by the former News of the World investigations editor, Mazher Mahmood, are seeking leave to appeal against convictions resulting from stories about them in the newspaper.’

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The Guardian, 17th August 2015

Source: www.guardian.co.uk

Successful judicial review of social services age assessment – Free Movement

‘R (on the application of GB by litigation friend, Francesco Jeff) v Oxfordshire County Council (age dispute- relevance of documents) IJR [2015] UKUT 429 (IAC) is an interesting and successful judicial review challenge to an age assessment. My colleague Shu Shin Luh was Counsel, instructed by Scott-Moncrieff & Associates.

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Free Movement, 10th August 2015

Source: www.freemovement.org.uk

Lord Janner abuse proceedings to start in court – BBC News

Posted August 7th, 2015 in child abuse, elderly, evidence, mental health, news, trials by tracey

‘Criminal proceedings against Lord Janner over allegations of child sexual abuse in the 1960s, 1970s and 1980s are to begin later. The Westminster Magistrates’ Court case comes after a review overturned a Crown Prosecution Service decision not to bring charges because of his dementia.’

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BBC News, 7th August 2015

Source: www.bbc.co.uk

Proof of reputational damage necessary for libel actions to succeed, rules High Court – OUT-LAW.com

Posted August 6th, 2015 in defamation, evidence, media, news by sally

‘Businesses and people that bring libel actions should not succeed with those claims unless there is proof that the published comments made about them damage, or are likely to damage, their reputation, the High Court in London has ruled.’

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OUT-LAW.com, 5th August 2015

Source: www.out-law.com

Regina v Bhatti – WLR Daily

Posted August 4th, 2015 in admissibility, appeals, consumer credit, crime, evidence, law reports by sally

Regina v Bhatti [2015] EWCA Crim 1305; [2015] WLR (D) 346

‘Where the police obtained financial information from a credit ratings agency in reliance on section 29(1) of the Data Protection Act 1998, such information having been obtained by the agency from customers who had expressly agreed in their credit applications and agreements that their data might be shared for the purpose of crime detection, prevention and prosecution, the procedural requirements of Schedule 1 to the Police and Criminal Evidence Act 1984 were not bypassed and the information was lawfully obtained, so that it was not precluded from admissibility in criminal proceedings.’

WLR Daily, 30th July 2015

Source: www.iclr.co.uk

Officer who challenged racism in police cleared of sexual assault charges – The Guardian

‘A retired Asian officer who fought racism in the police has been cleared of sexually assaulting a prisoner almost 30 years ago after claiming the charges against him were part of a vendetta by Scotland Yard.’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

Pub landlord convicted of killing customer with ironing board – Daily Telegraph

Posted July 31st, 2015 in closed circuit television, evidence, homicide, news by sally

‘Jury finds Rostam Notarki guilty of manslaughter after hearing how he jabbed drinker with ironing board into path of oncoming van.’
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Daily Telegraph, 31st July 2015

Source: www.telegraph.co.uk

Undercover policing inquiry: officers giving evidence might receive immunity – The Guardian

Posted July 29th, 2015 in evidence, immunity, inquiries, news, police, spying by sally

‘Undercover police officers who disclose crucial evidence to a public inquiry into the covert infiltration of political groups could be given immunity from prosecution.’

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The Guardian, 28th July 2015

Source: www.guardian.co.uk

Challenging fraudulent judgments – Radcliffe Chambers

Posted July 28th, 2015 in evidence, expert witnesses, forgery, fraud, news, setting aside by sally

‘To set aside a judgment on the grounds of fraud, is it necessary to show that the evidence of fraud was unavailable at the trial and could not have been obtained with reasonablediligence? In May 2015, two High Court Judges gave totally contradictory answers to this question. ‘

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Radcliffe Chambers, 15th June 2015

Source: www.radcliffechambers.com

Covert surveillance activities need independent oversight, says expert – OUT-LAW.com

Posted July 27th, 2015 in evidence, investigatory powers, media, news, telecommunications by sally

‘The use of the Regulation of Investigatory Powers Act (RIPA) for covert surveillance should be overseen by independent judges to ensure the appropriate legislation is being used, an expert has said.’

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OUT-LAW.com, 23rf July 2015

Source: www.out-law.com

Met police to face tribunal over decision to access Plebgate phone records – The Guardian

‘The Metropolitan police is being taken to court in a landmark case over its decision to secretly obtain journalists’ phone records in an attempt to identify the mole behind the Plebgate saga involving the then cabinet minister Andrew Mitchell.’

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The Guardian, 14th July 2015

Source: www.guardian.co.uk

Legal aid restrictions for domestic abuse loosened – Law Society’s Gazette

Posted July 9th, 2015 in domestic violence, evidence, legal aid, news, regulations, trials, victims by sally

‘The government has loosened a controversial restriction preventing some victims of domestic abuse from accessing legal aid.’

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Law Society’s Gazette, 8th July 2015

Source: www.lawgazette.co.uk