More justice dispensed via video – Ministry of Justice

Posted January 7th, 2013 in evidence, live link evidence, news, police, witnesses by sally

“Communities across the country will be benefitting from swift and effective justice as thousands more court appearances will take place via video-link technology, Justice and Policing Minister Damian Green said today [3 January].”

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Ministry of Justice, 3rd January 2013

Source: www.justice.gov.uk

Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750; [2012] WLR (D) 387 – WLR Daily

Posted December 21st, 2012 in admissibility, evidence, grievous bodily harm, law reports, murder by tracey

Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750;   [2012] WLR (D)  387

“Where a defendant had been convicted of causing grievous bodily harm with intent and the victim subsequently died as a result of that harm, the defendant could not automatically be convicted of the victim’s murder. However, pursuant to section 74(3) of the Police and Criminal Evidence Act 1984, the earlier conviction would be admissible of the fact that the defendant had committed the offence, and if the conviction was proved the burden would then shift to the defendant to prove on the balance of probabilities that he was not guilty of murder.”

WLR Daily, 18th December 2012

Source: www.iclr.co.uk

High court quashes Hillsborough inquest verdicts – The Guardian

Posted December 19th, 2012 in evidence, inquests, news, police, sport by sally

“Twenty-two years after the original contentious inquest into the 96 victims of the Hillsborough disaster, the verdict of accidental death has been quashed in the high court.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

Hillsborough inquest verdicts set to be quashed – The Guardian

Posted December 19th, 2012 in evidence, health & safety, inquests, judicial review, news, police, sport by sally

“The high court is being asked to quash the original accidental death inquest verdicts returned after 96 Liverpool football fans died in the crush at Hillsborough 23 years ago.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

Police mistakes in the Halliwell case: is it time for a change of PACE? – Halsbury’s Law Exchange

Posted December 14th, 2012 in evidence, murder, news, police, prosecutions, sub judice by tracey

“The story of what has happened to Detective Superintendent Fulcher would drive anyone to despair for the sanity of our legal system,” reflected a journalist in the Daily Telegraph in October. Certainly, there have been plenty of calls for reform of the Police and Criminal Evidence Act 1984 following the debacle over Christopher Halliwell, who abducted and killed a young clubber, but escaped prosecution for the murder of a second victim, despite having confessed and taken the police to where she was buried.”

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Halsbury’s Law Exchange, 13th December 2012

Source: www.halsburyslawexchange.co.uk

David Cameron hints at change of heart in secret courts policy – The Guardian

Posted December 12th, 2012 in bills, closed material, evidence, judiciary, news, private hearings by sally

“The government could be preparing to back down over whether judges or ministers should have the final say on legal evidence being heard in secret.”

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The Guardian, 11th December 2012

Source: www.guardian.co.uk

Theresa May wins Abu Qatada court appeal bid – The Independent

Posted December 6th, 2012 in appeals, deportation, evidence, news, terrorism, torture by sally

“Home Secretary Theresa May has been granted permission to appeal against the decision to allow radical preacher Abu Qatada to stay in the UK, court officials said today.”

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The Independent, 5th December 2012

Source: www.independent.co.uk

Abu Qatada appeal launched by home secretary – The Guardian

Posted December 4th, 2012 in appeals, deportation, evidence, immigration, news, terrorism, torture, tribunals by sally

“The home secretary has launched a legal challenge against the decision to allow the radical preacher Abu Qatada to stay in the UK.”

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The Guardian, 3rd December 2012

Source: www.guardian.co.uk

Regina v Abbas and another – WLR Daily

Posted November 30th, 2012 in evidence, firearms, joint enterprise, juries, law reports by tracey

Regina v Abbas and another: [2012] EWCA Crim 2517;   [2012] WLR (D)  352

“Where the Crown alleged that the defendant was part of a joint enterprise involving the possession of an imitation firearm, proof of which depended upon the drawing of an inference, it was incumbent on a judge in summing up to identify the evidence of primary fact upon the basis of which, if it was accepted, a jury might infer knowledge and thus possession by the defendant as well as the principal.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

Female genital mutilation – time for a prosecution – Halsbury’s Law Exchange

Posted November 23rd, 2012 in evidence, female genital mutilation, news, prosecutions by tracey

“There has been legislation in this country to criminalise female genital mutilation (FGM) for a long time and not one successful prosecution. The three cases referred to the CPS in the last two years had significant evidential difficulties and there was no realistic prospect of conviction.”

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Halsbury’s Law Exchange, 19th November 2012

Source: www.halsburyslawexchange.co.uk

Regina (Gujra) v Crown Prosecution Service – WLR Daily

Regina (Gujra) v Crown Prosecution Service [2012] UKSC 52; [2012] WLR (D) 330

“The Crown Prosecution Service, in deciding whether to use its statutory power to take over and discontinue a private prosecution on the ground that there was insufficient evidence, was entitled to apply the same test as that applicable to Crown prosecutors when conducting public prosecutions, namely that a prosecution should not be continued unless it was more likely than not that the defendant would be convicted.”

WLR Daily, 14th November 2012

Source: www.iclr.co.uk

Nazir Afzal: how the CPS plans to bring more child abusers to justice – The Guardian

“The north-west head of the Crown Prosecution Service talks about bringing the Rochdale child sex ring before the courts/”

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The Guardian, 21st November 2012

Source: www.guardian.co.uk

Lawyers say Clarke’s justice bill smacks of repressive and undemocratic regimes – The Guardian

Posted November 19th, 2012 in bills, closed material, evidence, legal profession, news, private hearings by sally

“Secret trials and withholding evidence are reminiscent of ‘repressive regimes and undemocratic societies’, the legal profession warns in a letter opposing the government’s justice and security bill.”

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The Guardian, 17th November 2012

Source: www.guardian.co.uk

Abu Qatada: Preventing a flagrant denial of justice – UK Human Rights Blog

Posted November 14th, 2012 in appeals, deportation, evidence, human rights, news, terrorism, torture by sally

“Earlier today [13 November], Abu Qatada was released from Long Lartin prison following his successful appeal before the Special Immigration Appeal’s Commission (SIAC). Qatada was challenging the decision to deport him to Jordan, where he faces a retrial for alleged terrorism offences.”

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UK Human Rights Blog, 13th November 2012

Source: www.ukhumanrightsblog.com

Former MI5 chief General Baroness Manningham-Buller backs proposals for judges to hear intelligence evidence in secret – The Independent

“Intelligence relationships between the UK and other countries could be ‘seriously jeopardised’ unless judges are allowed to hear evidence in secret, a former MI5 chief has said today.”

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The Independent, 14th November 2012

Source: www.independent.co.uk

Theresa May faces long battle to overturn Abu Qatada deportation ruling – The Guardian

Posted November 14th, 2012 in appeals, bail, deportation, electronic monitoring, evidence, legal aid, news, terrorism, torture by sally

“The home secretary, Theresa May, faces a lengthy legal battle to overturn this week’s ruling by British judges that the radical Islamist cleric Abu Qatada should not be sent back to Jordan to face trial.”

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The Guardian, 13th November 2012

Source: www.guardian.co.uk

Government says mounting damages claims support case for secret courts – The Guardian

Posted November 12th, 2012 in closed material, damages, evidence, human rights, news, private hearings, torture by sally

“Seven fresh claims for damages involving highly sensitive national security evidence have been made in the past year, the government has revealed. Three cases have been settled confidentially.”

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The Guardian, 12th November 2012

Source: www.guardian.co.uk

Mark Duggan shooting: police watchdog’s report delayed further – The Guardian

Posted October 23rd, 2012 in complaints, evidence, firearms, news, police, reports by sally

“The Independent Police Complaints Commission has said ‘significant’ material about the death of Mark Duggan has emerged in recent weeks, meaning its report into his shooting by police will be delayed even further.”

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The Guardian, 23rd October 2012

Source: www.guardian.co.uk

DNA advances see 1987 rapist jailed – The Independent

Posted October 22nd, 2012 in DNA, evidence, news, rape, sentencing by sally

“A rapist who cheated justice for nearly 25 years has been jailed because of advances in DNA profiling.”

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The Independent, 20th October 2012

Source: www.independent.co.uk

Taxi driver jailed for Sian O’Callaghan murder – The Guardian

Posted October 22nd, 2012 in evidence, murder, news, police, sentencing, taxis by sally

“A taxi driver has been jailed for a minimum of 25 years after admitting the ‘savage and brutal’ sexually-motivated murder of a young woman — but has escaped possible prosecution over a second killing despite leading police to the victim’s body.”

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The Guardian, 19th October 2012

Source: www.guardian.co.uk