Category: trials

The Rivlin Report – the Bar talking to itself? – Halsbury’s Law Exchange

Posted April 7th, 2015 in barristers, case management, fees, guilty pleas, legal education, news, reports, trials by sally

‘The last of the three “state of the Bar” reports, the “Criminal Justice, Advocacy and the Bar” Report by the Criminal Justice Reform Group (generally known as the Rivlin Report) was released shortly before Easter. Unlike Leveson and Jeffrey’s, the MoJ did not commit to consider this report before deciding on the future of legal aid provision. As this was a report commissioned by the Bar Council (the report itself acknowledges “we should stress that the substance of this Report, and the recommendations which accompany it, are independent and made on behalf of the Bar”), this may not have been a bad call by the MoJ.’

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Halsbury’s Law Exchange, 7th April 2015

Source: www.halsburyslawexchange.co.uk

Society outrage at ‘back door’ criminal court fees – Law Society’s Gazette

Posted March 31st, 2015 in courts, criminal courts charge, criminal justice, fees, news, trials by sally

‘Suspects pleading not guilty in the Crown court will risk paying a court fee of £1,200 if convicted under guidelines slipped into legislation without debate in the final days of the current parliament.’

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Law Society’s Gazette, 27th March 2015

Source: www.lawgazette.co.uk

Court charge of up to £1,200 for criminals revealed – BBC News

Posted March 27th, 2015 in costs, criminal courts charge, guilty pleas, news, trials by sally

‘Convicted criminals in England and Wales will have to pay up to £1,200 towards the cost of their court case under new rules, it has been revealed.’

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BBC News, 27th March 2015

Source: www.bbc.co.uk

The true statistics behind judicial review’s success rates – UK Human Rights Blog

Posted March 24th, 2015 in judicial review, news, statistics, trials by sally

‘Avid readers of the legal press may have spotted the eye-catching statistic that in 2014 a meagre 1% of claims for judicial review were successful.’

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UK Human Rights Blog, 23rd March 2015

Source: www.ukhumanrightsblog.com

Regina v Akhtar (Itzaz) – WLR Daily

Posted March 4th, 2015 in abuse of process, appeals, criminal damage, homicide, juries, law reports, murder, retrials, trials, weapons by sally

Regina v Akhtar (Itzaz) [2015] EWCA Crim 176; [2015] WLR (D) 91

‘Where a jury brought in a guilty verdict on one count but were unable to agree on another count, a retrial on that other count was not an abuse of process unless the two counts were true alternatives in that they were mutually exclusive alternatives.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

Regina v Boardman – WLR Daily

Posted March 4th, 2015 in appeals, case management, criminal justice, delay, evidence, law reports, trials by sally

Regina v Boardman [2015] EWCA Crim 175; [2015] WLR (D) 92

‘A judge was fully entitled to refuse to allow the prosecution to adduce evidence of telephone data records where they had failed to progress the case properly or in accordance with the Criminal Procedure Rules or other direction even though such refusal effectively brought the prosecution to an end. The Court of Appeal would support trial judges in the exercise of their discretion in discharging their case management responsibilities.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

Regina (Campbell-Brown) v Central Criminal Court – WLR Daily

Posted February 11th, 2015 in criminal justice, detention, law reports, murder, time limits, trials by sally

Regina (Campbell-Brown) v Central Criminal Court [2015] EWHC 202 (Admin); [2015] WLR (D) 48

‘Trials involving defendants remanded in custody were not to be listed for trial after the expiry of the custody time limits without proper and rigorous judicial consideration first having been given to the statutory questions posed by section 22(3) of the Prosecution of Offences Act 1985 in relation to the extension of custody time limits.’

WLR Daily, 3rd February 2015

Source: www.iclr.co.uk

Theresa May to order probe into collapse of police corruption trial – Daily Telegraph

Posted February 10th, 2015 in corruption, inquiries, news, perverting the course of justice, police, trials by sally

‘The Home Secretary has ordered a QC-led inquiry into the collapse of the UK’s biggest police corruption trial.’

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Daily Telegraph, 9th February 2015

Source: www.telegraph.co.uk

Sun journalists retrial row after judge removed from case – The Guardian

Posted February 9th, 2015 in complaints, electronic mail, judges, media, news, trials by sally

‘A decision to remove a judge lined up for a retrial of four Sun journalists has led to a legal row at the Old Bailey involving some of the most senior judges in the country.’

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The Guardian, 6th February 2015

Source: www.guardian.co.uk

How to make family hearings fair – UK Human Rights Blog

Posted January 6th, 2015 in children, cross-examination, families, human rights, legal representation, litigants in person, news, sexual offences, trials by sally

‘This case raises a very stark problem. A father wants to see his children aged 5 and 4. The mother has an elder daughter, Y, aged 17. Y told her teacher that the father sexually abused her. The truth or otherwise of this allegation is relevant to whether there should be contact between father and his children.’

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UK Human Rights Blog, 5th January 2015

Source: www.ukhumanrightsblog.com

ECHR cases won by UK government show flexibility of human rights system – The Guardian

Posted December 18th, 2014 in courts, hearsay evidence, human rights, improper use of telecommunications, judgments, kidnapping, news, trials by sally

‘Strasbourg human rights court is ready to admit it gets things wrong when presented with good arguments.’

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The Guardian, 17th December 2014

Source: www.guardian.co.uk

Failed London 21/7 suicide bombers lose appeal – The Guardian

Posted December 16th, 2014 in appeals, explosives, human rights, news, suicide, terrorism, trials by tracey

‘Three men who attempted to carry out suicide bombings on the London Underground in July 2005 have failed to overturn their convictions. The European court of human rights ruled that Muktar Said Ibrahim, Ramzi Mohammed and Yassin Omar received a fair trial. The men, who are Somali nationals, had complained that there had been a delay in allowing them access to a solicitor.’

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The Guardian, 16th December 2014

Source: www.guardian.co.uk

Barrister translates “text-speak” for jury – Daily Telegraph

Posted December 4th, 2014 in affray, firearms, gangs, interpretation, news, telecommunications, trials by sally

‘Barrister forced to translate youths’ “text-speak” into English for a jury.’

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Daily Telegraph, 3rd December 2014

Source: www.telegraph.co.uk

Judge criticises National Crime Agency over collapse of fraud trial – The Guardian

Posted December 3rd, 2014 in evidence, fraud, judges, juries, money laundering, national crime agency, negligence, news, trials by sally

‘The National Crime Agency has been labelled “incompetent” by an Old Bailey judge after a series of blunders led to the collapse of a £5m trial.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

Speech to the Bar Conference – Nicholas Lavender QC, Chairman of the Bar Council

Posted December 3rd, 2014 in advocacy, barristers, employment, families, family courts, foreign jurisdictions, housing, legal aid, legal history, legal profession, legal services, litigants in person, news, pro bono work, regulations, speeches, trials by sally

Speech to the Bar Conference (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 8th November 2014

Source: www.barcouncil.org.uk

Jimmy Mubenga’s final moments acted out before Old Bailey jury – The Guardian

Posted December 3rd, 2014 in aircraft, airports, deportation, homicide, news, police, restraint, trials by sally

‘The wife of an Angolan man who died as he was being deported from the UK broke down in court as a G4S guard described her husband’s last moments.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

Crown court fees – Law Society’s Gazette

Posted December 2nd, 2014 in courts, Crown Court, fees, news, trials by sally

‘The first change relates to cases when the defendant elected trial and solicitors had been restricted to the fixed fee, even though the Crown did not proceed at all, and the defendant is acquitted on the order of a judge. In these cases, provided the case goes beyond the plea and case management hearing, a cracked trial fee will be paid.’

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Law Society’s Gazette, 1st December 2014

Source: www.lawgazette.co.uk

Attorney general’s rejection of ruling on Charles letters was unlawful, court told – The Guardian

Posted November 25th, 2014 in attorney general, disclosure, documents, news, royal family, Supreme Court, trials, veto by sally

‘The government’s most senior legal adviser acted unlawfully when he overrode a court and blocked the publication of secret letters written by Prince Charles, the supreme court has been told.’

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The Guardian, 25th November 2014

Source: www.guardian.co.uk

Regina v Pooley (Jonathan); Regina v Lubemba – WLR Daily

Posted November 18th, 2014 in children, criminal procedure, cross-examination, law reports, trials, witnesses by sally

Regina v Pooley (Jonathan); Regina v Lubemba [2014] WLR (D) 472

‘The court gave guidance as to what measures a trial judge might legitimately take to protect a vulnerable witness without impacting adversely on the right of a defendant to a fair trial.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

Article 6 – the Right to a fair trial – and discrimination in the Armed Forces – Cloisters

Posted November 18th, 2014 in appeals, armed forces, complaints, costs, employment tribunals, equality, human rights, news, sex discrimination, trials by sally

‘At a time when the UK’s membership of the European Convention of Human Rights (“ECHR”) and our domestic Human Rights Act 1998 (“HRA”) is a hot political topic, it is timely that the Employment Appeal Tribunal (“EAT”) has handed down a judgment considering Article 6 ECHR in relation to special time limit provisions for discrimination complaints brought by those in the Armed Forces: Duncan v Ministry of Defence.’

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Cloisters, 23rd October 2014

Source: www.cloisters.com