Local’s legal challenge to save badgers dismissed – OUT-LAW.com
“An environmental campaigner’s legal challenge to a housing development has failed.”
OUT-LAW.com, 17th April 2012
Source: www.out-law.com
Category: evidence
Fighting miscarriages of justice in the age of reality TV – Halsbury’s Law Exchange
“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.”
Halsbury’s Law Exchange, 10th April 2012
Source: www.halsburyslawexchange.co.uk
Secret evidence proposals – time to reflect – UK Human Rights Blog
“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).”
UK Human Rights Blog, 11th April 2012
Source: www.ukhumanrightsblog.com
Regina (McGetrick) v Parole Board and another – WLR Daily
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
“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
“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.”
Daily Telegraph, 4th April 2012
Source: www.telegraph.co.uk
Regina v Newell – WLR Daily
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
“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.”
The Guardian, 2nd April 2012
Source: www.guardian.co.uk
Michael Mansfield: ‘Risk of miscarriages of justice as great as ever’ – The Guardian
“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.”
The Guardian, 2nd April 2012
Source: www.guardian.co.uk
The Mark Duggan case shows we must change the law on evidence – The Guardian
“A legal anomaly that continues to cause injustice may be preventing an inquest into Mark Duggan’s death.”
The Guardian, 29th March 2012
Source: www.guardian.co.uk
Calls for law change to allow phone tap evidence in Duggan inquest – The Guardian
“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.”
The Guardian, 29th March 2012
Source: www.guardian.co.uk
IPCC urging evidence law change – BBC News
“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.”
Full story
BBC News, 29th March 2012
Source: www.bbc.co.uk
New terror laws could be less effective, warns watchdog – BBC News
“The new system for restricting terror suspects could prove less effective than control orders, the independent reviewer of terror laws has said.”
BBC News, 26th March 2012
Source: www.bbc.co.uk
Oxford law graduate cleared of role in London riot – The Guardian
“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.”
The Guardian, 25th March 2012
Source: www.guardian.co.uk
Killer Kevin Nunn in High Court forensic evidence challenge – BBC News
“A convicted killer has started a new High Court challenge to access forensic evidence that his lawyers claim could clear his name.”
BBC News, 21st March 2012
Source: www.bbc.co.uk
Briton Graham Mitchell faces Portugal extradition – BBC News
“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’.”
BBC News, 20th March 2012
Source: www.bbc.co.uk
Five Criminal cases you need to know from February – One Inner Temple Lane
Five Criminal cases you need to know from February
One Inner Temple Lane, 19th March 2012
Source: www.1itl.com
PJ Proby benefit fraud case dropped – The Guardian
“The US-born pop singer PJ Proby has been cleared of benefit fraud after the prosecution dropped its case following the discovery of new evidence.”
The Guardian, 16th March 2012
Source: www.guardian.co.uk
Times admits it ‘misled’ High Court over email hacking case – The Independent
“The Times misled the High Court during its attempt to name a detective as the writer of an anonymous blog, the newspaper’s then legal manager admitted yesterday.”
The Independent, 16th March 2012
Source: www.independent.co.uk
RB (Somalia) v Secretary of State for the Home Department – WLR Daily
RB (Somalia) v Secretary of State for the Home Department: [2012] EWCA Civ 277; [2012] WLR (D) 77
“Analysis of an asylum seeker’s speech carried out by a private Swedish company was admissible in asylum proceedings although the analysts were allowed to remain anonymous and the presentation of the evidence did not comply in a number of respects with practice directions for the immigration and asylum chambers of the First-tier and Upper Tribunals. The Upper Tribunal had a broad discretion with regard to the control of the evidence before it and had, within its case management powers, the power to waive non-compliance with a practice direction or a rule. Its obligation was to ensure that any expert report represented a genuine, objective view by those qualified to express it with sufficient reasoning and clarity to enable it to be challenged and assessed.”
WLR Daily, 13th March 2012
Source: www.iclr.co.uk
