Category: trials

Robert Colover investigation: the misunderstandings around sex offence trials – Halsbury’s Law Exchange

Posted August 9th, 2013 in barristers, children, news, pornography, sentencing, sexual offences, trials, victims by sally

“Calamitous comments by barrister Robert Colover have made the headlines this week as he referred to the victim of sexual offending as “predatory” and “sexually experienced”. The defendant was appearing for sentence before His Honour Judge Peters QC sitting at Snaresbrook Crown Court for two counts of making (downloading) extreme pornography (not images of children) and one count of sexual activity with a child. He received a sentence of eight months imprisonment suspended for two years. He was 41-years-old and she was 13-years-old. The CPS, who instructed the barrister to prosecute this case from their list of accredited advocates, has issued a press release that the comments should not have been used and initiated an investigation.”

Full story

Halsbury’s Law Exchange, 8th August 2013

Source: www.halsburyslawexchange.co.uk

Man accused of infecting women with HIV virus dies in hospital aged 34 – The Independent

Posted August 9th, 2013 in grievous bodily harm, health, HIV, news, trials by sally

“A man accused of infecting two women with the HIV virus has died in hospital.”

Full story

The Independent, 8th August 2013

Source: www.independent.co.uk

Barrister who called child sex abuse victim ‘predatory’ criticised by DPP – The Guardian

Posted August 8th, 2013 in barristers, children, complaints, Crown Prosecution Service, news, professional conduct, sexual offences, trials, victims by sally

“A prosecuting barrister and a judge involved in a sex abuse case during which the 13-year-old-victim was described as “predatory” have been referred to separate inquiries.”

Full story

The Guardian, 7th August 2013

Source: www.guardian.co.uk

Hobbs v Financial Conduct Authority (formerly Financial Services Authority) – WLR Daily

Posted August 2nd, 2013 in appeals, financial regulation, law reports, notification, trials, tribunals by sally

Hobbs v Financial Conduct Authority (formerly Financial Services Authority) [2013] EWCA Civ 918; [2013] WLR (D) 328

“A decision by the Financial Services Authority to take no further action against the addressee of a warning notice or decision notice did not become irrevocable or take effect as a discontinuance of proceedings unless it had been communicated to that individual by a notice in accordance with section 389 of the Financial Services and Markets Act 2000.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

PC Keith Blakelock trial date set for next year – The Guardian

Posted July 26th, 2013 in murder, news, police, trials, violent disorder by sally

“A provisional trial date has been set at the Old Bailey for a 44-year-old man charged with the murder of PC Keith Blakelock during the Broadwater Farm riots in 1985.”

Full story

The Guardian, 26th July 2013

Source: www.guardian.co.uk

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) – WLR Daily

Posted July 23rd, 2013 in human rights, judicial review, law reports, remuneration, Sark, trials by tracey

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2)

“Where remedy could be sought in the courts of the Bailiwick of Guernsey and of the Island of Sark, there was great force in the argument that judicial review of advice given by the Lord Chancellor and Secretary of State for Justice to the Committee for the Affairs of Sark as to the compliance of legislative proposals for Sark with the Convention for the Protection of Human Rights and Fundamental Freedoms should take place in those courts rather than in the High Court in London but where, as in the present case, the review was a further stage in a sequence of review which had entailed an earlier concession permitting review in the High Court, it would be wrong for the High Court to decline jurisdiction.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

DPP to meet judge following prosecution ‘farce’ in murder trial – Law Society’s Gazette

Posted July 22nd, 2013 in barristers, complaints, Crown Prosecution Service, judges, murder, news, prosecutions, sentencing, trials by sally

“Keir Starmer, the director of public prosecutions (DPP), is to meet Richard Griffith-Jones, the judge who made a scathing attack on the Crown Prosecution Service after a murder trial descended into farce last month.”

Full story

Law Society’s Gazette, 19th July 2013

Source: www.lawgazette.co.uk

New DPP guidance on concurrent jurisdiction published – Crown Prosecution Service

Posted July 18th, 2013 in Crown Prosecution Service, foreign jurisdictions, press releases, prosecutions, trials by tracey

“The CPS has today published the final guidelines for Crown Prosecutors handling cases where more than one country or jurisdiction is investigating criminal conduct.”

Full guidelines

Crown Prosecution Service, 17th July 2013

Source: www.cps.gov.uk

Bar’s disciplinary system on trial in High Court – Law Society’s Gazette

Posted July 18th, 2013 in barristers, disciplinary procedures, judicial review, news, professional conduct, trials by tracey

“The legality of the bar’s disciplinary system has been called into question this week as the High Court hears three claims for judicial review. The cases have been brought by three barristers in relation to charges of professional misconduct brought by the Bar Standards’ Board.”

Full story

Law Society’s Gazette, 18th July 2013

Source: www.lawgazette.co.uk

Kapri v Lord Advocate (representing the Government of the Republic of Albania) – WLR Daily

Posted July 17th, 2013 in appeals, corruption, devolution, extradition, human rights, jurisdiction, law reports, news, Scotland, trials by sally

Kapri v Lord Advocate (representing the Government of the Republic of Albania) [2013] UKSC 48; [2013] WLR (D) 281

“An arrested person who resisted extradition on the basis that there was systemic corruption in the judicial system in the requesting country did not necessarily have to point to particular facts or circumstances affecting his case since such corruption affected everyone who was subjected to it and it was impossible to say that any individual who was returned to such a system would receive the right to a fair trial within article 6 of the Convention.”

WLR Daily, 10th July 2013

Source: www.iclr.co.uk

Morton Hall detainee held for nearly three years, report finds – BBC News

Posted July 17th, 2013 in asylum, demonstrations, detention, news, recidivists, time limits, trials by sally

“An asylum seeker has been detained for three years without trial at a Lincolnshire centre, a report reveals.”

Full story

BBC News, 17th July 2013

Source: www.bbc.co.uk

Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) – Supreme Court

Posted July 11th, 2013 in appeals, extradition, human rights, law reports, murder, Scotland, Supreme Court, trials by sally

Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) [2013] UKSC 48 | UKSC 2012/0192 (YouTube)

Supreme Court, 10th July 2013

Source: www.youtube.com/user/UKSupremeCourt

Courtroom treatment of vulnerable victims faces review – The Guardian

Posted July 1st, 2013 in barristers, child abuse, cross-examination, evidence, news, sexual offences, trials, victims by tracey

“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

CPS under fire for failures in two serious cases – Law Society’s Gazette

Posted June 25th, 2013 in Crown Prosecution Service, delay, news, professional conduct, trials by sally

The Crown Prosecution Service has been criticised by two separate Crown court judges after sending an ‘incompetent’ advocate to prosecute a murder trial and for ‘lamentable failures’ that delayed a rape trial.

Full story

Law Society’s Gazette, 25th June 2013

Source: www.lawgazette.co.uk

O’Neill v HM Advocate (No 2); Lauchlanv Same – WLR Daily

Posted June 18th, 2013 in cautions, human rights, judges, law reports, Scotland, Supreme Court, time limits, trials by sally

O’Neill v HM Advocate (No 2); Lauchlanv Same [2013] UKSC 36; [2013] WLR (D) 231

“The right to a trial within a reasonable time under article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms was a separate right from the right to a fair trial under that article. Consequently the time when a person was ‘charged’ with an offence for the purposes of time starting to run under the reasonable time guarantee might be different from the time when he should have had access to a lawyer for the purposes of ensuring a fair trial under article 6.1 read with article 6.3(c).”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

O’Neill No 2 (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland); Lauchlan (AP) (Appellant) v. Her Majesty’s Advocate (Respondent) (Scotland) – Supreme Court

Posted June 14th, 2013 in human rights, judges, law reports, Scotland, Supreme Court, time limits, trials by sally

O’Neill No 2 (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland); Lauchlan (AP) (Appellant) v. Her Majesty’s Advocate (Respondent) (Scotland) [2013] UKSC 36 (YouTube)

Supreme Court, 13th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Victims to be spared from harrowing court cases – Ministry of Justice

Posted June 12th, 2013 in children, cross-examination, news, trials, victims by sally

“The most vulnerable victims are to be protected from the trauma of appearing in court, Justice Secretary Chris Grayling announced today.”

Full story

Ministry of Justice, 11th June 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Four sex-abuse cases referred to police for reconsideration – BBC News

Posted June 12th, 2013 in child abuse, Crown Prosecution Service, news, pilot schemes, police, prosecutions, sexual offences, trials, victims by sally

“Police have been asked to reconsider their decision to drop four sex-abuse cases, the Crown Prosecution Service (CPS) has announced.”

Full story

BBC News, 11th June 2013

Source: www.bbc.co.uk

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

 

Government’s justice reforms could push innocent people to plead guilty, warns regulator – Bar Standards Board

Posted June 4th, 2013 in barristers, criminal justice, guilty pleas, legal aid, miscarriage of justice, news, trials by sally

“Plans to pay legal aid lawyers the same amount for a ‘guilty’ or ‘not guilty’ plea could lead to defendants being pressurised into pleading guilty, warns the Bar Standards Board (BSB). The BSB is responsible for regulating barristers in the public interest, upholding the rule of law and protecting consumers.”

Full story

Bar Standards Board, 3rd June 2013

Source: www.barstandardsboard.org.uk