Category: evidence

Extradition: where and why? – Halsbury’s Law Exchange

Posted May 3rd, 2012 in evidence, extradition, jurisdiction, news by sally

“The past few months have seen a great many column inches dedicated to the issue of extradition. The dismissal of the extradition challenges by Abu Hamza and others has led to many commentators heaping praise on the ECtHR for making the correct choice in granting the extradition of these men to the US. The attempt by the Home Secretary to deport Abu Qatada to Jordan continues to stimulate debate and raise erudite procedural issues.”

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Halsbury’s Law Exchange, 2nd May 2012

Source: www.halsburyslawexchange.co.uk

When does an expert report constitute “independent evidence” of torture? – UK Human Rights Blog

Posted May 3rd, 2012 in appeals, asylum, evidence, expert witnesses, news, reports, torture by sally

“Whether expert evidence relied upon by an asylum seeker amounted to ‘independent evidence’ of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s claim against the Home Office for wrongful imprisonment contrary to the UK Border Agency’s Enforcement Instructions and Guidance. The Guidance, which contains the policy of the Agency on detentions (amongst other things), says that where there is ‘independent evidence’ that a person has been tortured, that person is suitable for detention only in ‘very exceptional circumstances’.”

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UK Human Rights Blog, 2nd May 2012

Source: www.ukhumanrightsblog.com

Regina (T) v Commissioner of Police of the Metropolis; Regina (R) Same – WLR Daily

Posted May 1st, 2012 in data protection, evidence, harassment, human rights, law reports, notification, police by sally

Regina (T) v Commissioner of Police of the Metropolis; Regina (R) Same [2012] EWHC 1115 (Admin); [2012] WLR (D) 126

“The decision of the Commissioner of the Police of the Metropolis to issue and serve warning notices to those who had been accused of harassment or stalking by means of a Prevention of Harassment Letter or a Police Information Notice, and the retention of the documents or the underlying allegations in police records thereafter, could not give rise to any infringement of the subject’s rights under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms or under the terms of the Data Protection Act 1998 and the associated principles.”

WLR Daily, 27th April 2012

Source: www.iclr.co.uk

A significant case in the family courts – LB Islington v Al Alas and Wray – Garden Court Family Law Blog

Posted April 23rd, 2012 in causing death of children or vulnerable adults, evidence, families, family courts, inquests, local government, news by sally

“The recent case of LB Islington v Al Alas and Wray, (where I was led by Ian Peddie QC [also of Garden Court Chambers] in representing the father, Rohan Wray) should have some pretty significant implications in cases involving alleged non-accidental injuries.”

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Garden Court Family Law Blog, 23rd April 2012

Source: www.gcfamily.wordpress.com

Local’s legal challenge to save badgers dismissed – OUT-LAW.com

Posted April 17th, 2012 in environmental protection, evidence, news, planning by sally

“An environmental campaigner’s legal challenge to a housing development has failed.”

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OUT-LAW.com, 17th April 2012

Source: www.out-law.com

Fighting miscarriages of justice in the age of reality TV – Halsbury’s Law Exchange

Posted April 11th, 2012 in appeals, evidence, miscarriage of justice, news by sally

“What is your idea of a miscarriage of justice? Is it that Laura Johnson is likely to go to prison for ferrying rioters about or that the Guantanamo five will be executed if (most think when) found guilty by a military court. For some it is that people are sent to prison on weak or uncorroborated evidence. For others it is the limitations placed by the Court of Appeal on reviewing convictions.”

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Halsbury’s Law Exchange, 10th April 2012

Source: www.halsburyslawexchange.co.uk

Secret evidence proposals – time to reflect – UK Human Rights Blog

Posted April 11th, 2012 in closed material, damages, evidence, news, private hearings by sally

“On 19 October 2011 the Government’s published its proposals to extend closed procedures, as set out in its Justice and Security Green Paper (and covered by the post on this blog).”

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UK Human Rights Blog, 11th April 2012

Source: www.ukhumanrightsblog.com

Regina (McGetrick) v Parole Board and another – WLR Daily

Posted April 5th, 2012 in evidence, law reports, parole, release on licence, removal directions by sally

Regina (McGetrick) v Parole Board and another [2012] EWHC 882 (Admin); [2012] WLR (D) 114

“When considering and making its substantive recommendation on the question of the early release or recall of prisoners on licence following a reference to it by the Secretary of State for Justice, the Parole Board was ‘dealing with the case’ within the meaning of section 239(3) of the Criminal Justice Act 2003 and was therefore required to consider all the documents given to it by the Secretary of State.”

WLR Daily, 4th April 2012

Source: www.iclr.co.uk

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court and another (Article 19 intervening) – WLR Daily

Posted April 5th, 2012 in disclosure, documents, evidence, extradition, law reports, media by sally

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court and another (Article 19 intervening) [2012] EWCA Civ 420; [2012] WLR (D) 110

“Where documents had been placed before a judge and referred to in the course of court proceedings, access should generally be permitted on the open justice principle. Where access was sought for a proper journalistic principle the case for allowing it would be particularly strong. The court would undertake a fact-specific proportionality exercise where there were grounds of opposition to the application for disclosure.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

Secret court hearings: Q&A – Daily Telegraph

Posted April 5th, 2012 in closed material, evidence, news, private hearings, public interest immunity, rule of law by sally

“Ken Clarke wants to allow evidence to be heard in secret where it would compromise national security. Here we explain why there is such controversy over the Government’s plan to hold some court cases and inquests behind closed doors.”

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Daily Telegraph, 4th April 2012

Source: www.telegraph.co.uk

Regina v Newell – WLR Daily

Posted April 3rd, 2012 in admissibility, appeals, evidence, law reports by sally

Regina v Newell [2012] EWCA Crim 650; [2012] WLR (D) 105

“A statement made on a plea and case management hearing form by the defendant’s counsel, although admissible in principle as a matter of law, should not, in the exercise of the court’s discretion under section 78 of the Police and Criminal Evidence Act 1984 (‘PACE’), be admitted in evidence against the defendant at trial, provided that the case had been conducted in accordance with the letter and the spirit of the Criminal Procedure Rules 2011.”

WLR Daily, 30th March 2012

Source: www.iclr.co.uk

Man who stabbed pensioner is jailed after being traced by spit – The Guardian

Posted April 2nd, 2012 in attempted murder, attempts, DNA, evidence, murder, news, sentencing, video recordings by sally

“A man who stabbed a 74-year-old woman six times in a ‘frenzied’ attack has been jailed after he was caught for spitting on the pavement.”

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The Guardian, 2nd April 2012

Source: www.guardian.co.uk

Michael Mansfield: ‘Risk of miscarriages of justice as great as ever’ – The Guardian

Posted April 2nd, 2012 in evidence, forensic science, legal aid, miscarriage of justice, news by sally

“At the Guardian’s Open Weekend, Michael Mansfield QC warns against imagining that miscarriages of justice are something that have declined since famous confession-based cases of the 1980s. In today’s world, where faulty forensic evidence is more likely to be the problem, he worries about access to justice, pointing the finger at the emasculation of the legal aid system by successive governments and a renewed attempt to erode the right to trial by jury.”

Video

The Guardian, 2nd April 2012

Source: www.guardian.co.uk

The Mark Duggan case shows we must change the law on evidence – The Guardian

Posted March 30th, 2012 in evidence, inquests, interception, investigatory powers, news by tracey

“A legal anomaly that continues to cause injustice may be preventing an inquest into Mark Duggan’s death.”

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The Guardian, 29th March 2012

Source: www.guardian.co.uk

 

Calls for law change to allow phone tap evidence in Duggan inquest – The Guardian

Posted March 30th, 2012 in evidence, inquests, interception, investigatory powers, news, police by tracey

“Evidence from a police phone tap in the runup to the operation against Mark Duggan that led to his fatal shooting is at the centre of the growing dispute over his inquest. Senior Metropolitan police officers have supported calls for changes to the law to allow the Independent Police Complaints Commission to reveal sensitive surveillance information unearthed during its investigation into Duggan’s death at a public inquest.”

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The Guardian, 29th March 2012

Source: www.guardian.co.uk

IPCC urging evidence law change – BBC News

Posted March 29th, 2012 in complaints, evidence, interception, news, police, telecommunications by sally

“Changes to the law are needed to ensure fuller details can be revealed in cases where people have died at the hands of officers, the Independent Police Complaints Commission (IPCC) has said.”

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BBC News, 29th March 2012

Source: www.bbc.co.uk

New terror laws could be less effective, warns watchdog – BBC News

Posted March 27th, 2012 in evidence, news, reports, terrorism, terrorism prevention & investigation measures by sally

“The new system for restricting terror suspects could prove less effective than control orders, the independent reviewer of terror laws has said.”

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BBC News, 26th March 2012

Source: www.bbc.co.uk

Oxford law graduate cleared of role in London riot – The Guardian

Posted March 26th, 2012 in evidence, news, trials, violent disorder, witnesses by sally

“An Oxford law graduate accused of throwing bricks at police during last summer’s riots walked free from court on Friday after a jury took just half an hour to find him not guilty.”

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The Guardian, 25th March 2012

Source: www.guardian.co.uk

Killer Kevin Nunn in High Court forensic evidence challenge – BBC News

Posted March 22nd, 2012 in appeals, DNA, evidence, forensic science, news by sally

“A convicted killer has started a new High Court challenge to access forensic evidence that his lawyers claim could clear his name.”

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BBC News, 21st March 2012

Source: www.bbc.co.uk

Briton Graham Mitchell faces Portugal extradition – BBC News

Posted March 20th, 2012 in attempted murder, attempts, evidence, extradition, murder, news by sally

“A Briton arrested over a Portuguese attempted murder case he thought he had been acquitted of 17 years ago says his world has been ‘turned upside down’.”

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BBC News, 20th March 2012

Source: www.bbc.co.uk