Juror who posted paedophile trial on Facebook denies contempt of court – The Independent

Posted July 24th, 2013 in contempt of court, evidence, internet, juries, news by tracey

“The modern-day perils of using the internet while serving on a jury were all too evident today as two former jurors were brought before the High Court.”

Full story

The Independent, 23rd July 2013

Source: www.independent.co.uk

Dr David Kelly: 10 years on, death of scientist remains unresolved for some – The Guardian

Posted July 17th, 2013 in BBC, coroners, evidence, inquiries, Iraq, news, suicide, war, weapons, whistleblowers by sally

“Death of WMD dossier scientist contributed to erosion of trust in politics.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

Cardiff Three police corruption case collapsed ‘due to disclosure failures’ – The Guardian

“Prosecutors and police were overwhelmed by more than 1 million pages of evidence during the trial of eight former South Wales police officers that eventually collapsed, the Crown Prosecution Service has said.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

FGM – Let’s Talk About Vaginas – Criminal Law and Justice Weekly

“Talking about female genital mutilation is the first step to tackling it, writes Felicity Gerry.”

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Criminal Law and Justice Weekly, 11th July 2013

Source: www.criminallawandjustice.co.uk

As Abu Qatada leaves, Theresa May vows to change human rights law – The Guardian

“Chris Grayling, the justice secretary, celebrated the successful deportation of Abu Qatada to Jordan on Sunday by saying the long-running saga meant there would have to be ‘wholesale changes’ in Britain’s human rights laws.”

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The Guardian, 7th July 2013

Source: www.guardian.co.uk

Regina v Edmondson; Regina v Weatherup; Regina v Brooks; Regina v Coulson; Regina v Kuttner – WLR Daily

Regina v Edmondson; Regina v Weatherup; Regina v Brooks; Regina v Coulson; Regina v Kuttner [2013] EWCA Crim 1026; [2013] WLR (D) 262

“A voicemail message which had been received by the intended recipient and subsequently stored in the telecommunications system of the network provider so that the intended recipient might thereafter have continued access to it by playing back the message, remained “in the course of transmission”. The interception of such a voicemail message intentionally and without lawful authority was therefore an offence contrary to section 1 of Regulation of Investigatory Powers Act 2000.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

Regina v Austin (Herbert) – WLR Daily

Regina v Austin (Herbert): [2013] EWCA Crim 1028;   [2013] WLR (D)  257

“It was the Crown’s responsibility to carry out the duties of disclosure. Judicial involvement could only properly be triggered by an application under the Criminal Procedure and Investigations Act 1996 by the prosecutor or by the defence. There was no provision for a trial judge to superintend the decisions of disclosure made by the prosecution on his own motion by inspecting unused material himself.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

Courtroom treatment of vulnerable victims faces review – The Guardian

“An investigation is being launched into aggressive courtroom cross-examination of vulnerable victims in the wake of high-profile child sex abuse cases, Damian Green has confirmed. The justice minister said work would be carried out over the summer to find ways to curb hostile practices after a growing number of cases in which witnesses were left ‘deeply traumatised.'”

Full story

The Guardian, 1st July 2013

Source: www.guardian.co.uk

At last: Rapist Wendell Baker finally found guilty of 1997 attack after police bungles – The Independent

Posted June 26th, 2013 in DNA, double jeopardy, evidence, news, police, rape by sally

“A rapist was finally convicted today after a series of police and prosecution blunders allowed him to evade justice for 15 years following his merciless attack on a pensioner inside her own home.”

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The Independent, 25th June 2013

Source: www.independent.co.uk

Lord Justice Leveson to be invited to give evidence to MPs – The Guardian

Posted June 25th, 2013 in evidence, judges, media, news, select committees by sally

“Lord Justice Leveson is to be invited to give evidence for the first time to MPs about his report on the future of press regulation and the resulting impasse over setting up a new industry watchdog.”

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The Guardian, 25th June 2013

Source: www.guardian.co.uk

Pressure grows on Lord Leveson to explain why he ignored hacking beyond the press – The Independent

Posted June 24th, 2013 in evidence, inquiries, interception, media, news, police, privacy, private investigators by sally

“Lord Justice Leveson is facing mounting questions over why he decided to ignore a bombshell report detailing serious and widespread corruption among police and private investigators that was passed to his inquiry.”

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The Independent, 24th June 2013

Source: www.independent.co.uk

Revealed: How UK justice is dispensed out of hours down the phone line – The Independent

“The Court of Protection is facing fresh questions about transparency, as The Independent reveals that its judges are making life-or-death decisions over the phone, with incomplete evidence, in proceedings that are not always recorded.”

Full story

The Independent, 24th June 2013

Source: www.independent.co.uk

Newham Council issued illegal parking fines after camera error – BBC News

Posted June 21st, 2013 in evidence, fines, illegality, local government, news, parking by tracey

“Parking tickets were illegally issued by a dozen cameras over at least two years, a London council has admitted – but it refuses to refund fined drivers.”

Full story

BBC News, 21st June 2013

Source: www.bbc.co.uk

Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (1); Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (2) – Supreme Court

Posted June 20th, 2013 in appeals, banking, closed material, evidence, law reports, Supreme Court, terrorism by sally

Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (1); Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (2) UKSC 2011/0040 (YouTube)

Supreme Court, 19th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Watching You, Watching Me: The Admissibility of Covertly Obtained Evidence in Employment Tribunals – No. 5 Chambers

Posted June 18th, 2013 in appeals, employment tribunals, evidence, local government, news by sally

“Should employees – or employers – be able to use secretly taped recordings as evidence when bringing or defending claims in the Employment Tribunal? In the recent case of Vaughan v London Borough of Lewisham & Others [2013] UKEAT 0534_12_0102 the Employment Appeal Tribunal confirmed the long established position that the method in which the evidence has been obtained does not affect its relevance; and relevance is the guiding principle when determining whether evidence is admissible.”

Full story

No. 5 Chambers, 6th June 2013

Source: www.no5.com

Vulnerable victims will no longer have to give evidence in court, Chris Grayling says – Daily Telegraph

Posted June 11th, 2013 in cross-examination, evidence, news, trials, victims, video recordings by tracey

“Young and vulnerable victims of crimes should not be subjected to traumatic
cross-examinations in court, Chris Grayling has said.”

Full story

Daily Telegraph, 11th June 2013

Source: www.telegraph.co.uk

 

Do I Want Your Opinion: the use of opinion evidence in law witness statements – Zenith Chambers

Posted June 10th, 2013 in admissibility, evidence, news, witnesses by sally

“Gordon Exall discusses the use of opinion evidence in witness statements. Looking, in particular, at two recent decisions which discuss opinion evidence.”

Full story (PDF)

Zenith Chambers, 6th June 2013

Source: www.zenithchambers.co.uk

ZZ (France) v Secretary of State for the Home Department – WLR Daily

ZZ (France) v Secretary of State for the Home Department (Case C-300/11); [2013] WLR (D) 218

“Where a national authority had failed to inform an EU citizen precisely and in full of the public security grounds, and the related evidence, upon which it had made a decision under article 27 of Parliament and Council Directive 2004/38/EC refusing the citizen entry, the national court was required, pursuant to articles 30(2) and 31 of the Directive and article 47 of the Charter of Fundamental Rights, to ensure that that failure was limited to that which was strictly necessary. The court had to ensure, in any event, that the citizen was informed of the essence of the grounds in a manner which took due account of the necessary confidentiality of the evidence.”

WLR Daily, 4th June 2013

Source: www.iclr.co.uk

Lord Chief Justice calls for children to have evidence video recorded – Daily Telegraph

“Senior judges have called for children to be spared from the ‘damage’ of appearing in criminal trials, and instead have their evidence video recorded.”

Full story

Daily Telegraph, 10th June 2013

Source: www.telegraph.co.uk

Man sues over forensics live bullet conviction mix-up – BBC News

Posted June 7th, 2013 in evidence, firearms, forensic science, human rights, negligence, news by tracey

“A man wrongfully convicted of possessing ammunition after forensics staff mixed
up his £3 keyring and a live bullet is suing the government.”

Full story

BBC News, 7th June 2013

Source: www.bbc.co.uk