Tuesday, 19 February 2019

"Martial Law" if no deal Brexit


In recent weeks, several media articles have referred to "Martial Law" being imposed in the UK in the event of a "no deal" Brexit.  

Some of the media reports:

The National is a Scottish publication supporting an independent Scotland.  Its headline of 27 January stated - UK government prepare for martial law in the even of no deal Brexit.

The Mirror on 28 January declared that

Friday, 15 February 2019

No prosecutions for Road Traffic Accident on A149 ~ 17 January 2019

On Thursday 17 January 2019 a road traffic accident occurred on the A149 - a main road in Norfolk running south to north and linking King's Lynn to Hunstanton - MAP.   The accident site was the junction with the B1439.  The B1439 goes from West Newton (near the Sandringham Royal Estate to the east of the A149) and joins the A149 at the Babingley crossing.  To the west of that junction is a minor road to the ruined Saint Felix Chapel and Babingley.

A collision occurred between

Tuesday, 12 February 2019

Brexit Library ~ Key materials


Links to Key Brexit materials are set out in this post.  First, some of the background ...

*** Background ***

The United Kingdom joined the European Communities on 1 January 1973.  42 years later, the Conservative Party manifesto of 2015 declared - "For too long, your voice has been ignored on Europe. We will: give you a say over whether we should stay in or leave the EU, with an in-out referendum by the end of 2017."   

It was patently obvious that, after 42 years of integration, the process of leaving the EU was going to be politically controversial with the potential to wreak immense economic damage.  It was also going to be difficult legally.  Any vote to leave was bound to be followed by tense and problematic negotiations with the EU which would seek to protect its own interests and those of its member States.  Furthermore, leaving the EU would convert the border between the Irish Republic and Northern Ireland into a border between a member state (Ireland) and a third country (the UK).

Friday, 8 February 2019

Stansted 15 ~ Protest in England and Wales ~ A "sledgehammer" prosecution

London Stansted Airport is located about 40 miles north-east of central London.  The airport is owned by the Manchester Airports Group and is the fourth busiest airport in the UK with flights to over 170 destinations and around 18 million passengers each year.  The airport was the scene of a protest by 15 individuals who were subsequently charged, tried, convicted and sentenced in connection with their actions.

Brief facts:

At 10pm on 28 March 2017,

Tuesday, 5 February 2019

A sentencing code


In November 2018, the Law Commission proposed a new Sentencing Code for England and Wales.  The Commission announced -

"A new Sentencing Code will reduce the number of unlawful sentences being handed out and save £250 million over ten years .... When they sentence offenders, judges have to contend with more than 1,300 pages of law filled with outdated and inaccessible language. This law is contained in over 65 different Acts of Parliament, and has no coherent structure. This makes it difficult for judges to identify and apply the law they need, which can slow the process of sentencing and lead to mistakes.  The Commission is recommending that anyone convicted from now on should be sentenced under a simplified and modern Sentencing Code. This would mean that judges would no longer need to search back through layers of old law.  This would decrease the number of unlawful sentences handed out, avoid unnecessary appeals and reduce delays in sentencing."

Parole Board ~ update

In early January 2018 it was announced that the Parole Board had assessed John Worboys (aka Radford) as suitable for release on licence from prison - post 5 January 2018.   There was a judicial review of that decision - post 29 March 2018 - and Worboys remains in prison.

These events led to the controversial departure of Professor Nick Hardwick, the Parole Board Chairman.   The Secretary of State for Justice (Mr David Gauke MP) gave Professor Hardwick no real option but to resign.  Since then a new Board Chair, Caroline Corby, has been appointed with effect from 1 November 2018.

Monday, 4 February 2019

Fiona Onasanya MP ~ 3 months for perverting the course of justice

In June 2017, Fiona Onasanya was elected Member of Parliament for Peterborough.  On 29 January 2019 she was sentenced to 3 months imprisonment for preverting the course of justice.  False information had been supplied in reply to Notices of Intended Prosecution (NIPs) for three speeding offences.  The judge took into account her previous good character and considerable personal mitigation.  Her brother, Festus Onasanya, was sentenced to 10 months imprisonment on each of 3 counts of perverting the course of justice in relation to false information supplied in response to NIPs - the sentences to be concurrent.  The sentencing remarks of Mr Justice Stuart-Smith are available via the Judiciary website.  The case was reported by The Guardian 29 January.