Monday, 26 October 2020

Joesph Karumba Wangige ~ a second prosecution oppressive

The criminal law has a principle that, in the absence of special cirumstancess, a later prosecution cannot be based on substantially the same facts as resulted in a prior conviction - Beedie [1998] QB 356

This arose in the case of Joesph Karumba Wangige [2020] EWCA Crime 1319 - Davis LJ, Lavender and Pepperall JJ. 

On the night of 26 November 2016, Mr Wangige was driving his Vauxhall Astra and he ran into Mr Russell Lee (32) who was crossing the road. Wangige did not stop. Mr Lee suffered serious injuries from he died on 30 November 2016.

A Collision report was prepared

Wednesday, 21 October 2020

UK Internal Market Bill ~ House of Lords Second Reading

The government's UK Internal Market Bill is before the House of Lords and its second reading commenced on Monday 19 October (Hansard) and continued on 20 October (Hansard).  The Bill contains a number of clauses seeking to enable Ministers to breach international law (i.e. the Withdrawal Agreement).  Specifically, the repugnant clauses are 44 (Power to disapply or modify export declarations or other exit procedures), 45 (Regulations about Article 10 of the Northern Ireland Protocol), and 46 (Further provision relating to sections 44 and 45 etc.  Clause 46 seeks to prevent legal challenge on any ground whatseoever.

Lord Judge, a former Lord Chief Justice of England and Wales, moved a motion of regret that - "this House regrets that Part 5 of the bill contains provisions which, if enacted, would undermine the rule of law and damage the reputation of the United Kingdom.”​ The Bill was read a second time (395 votes to 169) with Lord Judge's motion approved. Lord Judge's speech,

Saturday, 17 October 2020

Brexit: "High hearts and complete confidence" - if only !

With UPDATES 19, 20 and 22 October

 On 16 October, the Prime Minister issued a statement on the UK-EU negotiations and poured cold water on any remaining optimism about the future UK-EU relationship even though, strictly-speaking, a possibility of a trade deal may still exist. 

This followed the outcome of the 15 October EU Council meeting held in Brussels - see previous post of 16 October.

It is worth recalling the 2019 withdrawal agreement and the political declaration

The Withdrawal Agreement recognised the need for both the UK and the EU to take all necessary steps to negotiate 'one or several agreements' governing their future relationship with a view to ensuring that, to the extent possible, those agreements apply from the end of the transition period.'  

In what seems like the now largely forgotten political declaration

Friday, 16 October 2020

UK-EU future negotiations / Constitution Committee Report on Internal Market Bill

The European Council met in Brussels on 15 October and has published its Conclusions regarding the future EU-UK relationship

Difficulties remain over the ‘level playing field', governance, and fisheries.(Please see the end of this post for links relating to these topics).

Council noted that the transition period will end on 31 October and expressed concern that progress on "key issues of interest to the Union is still not sufficient for an agreement to be reached."

Nonetheless, Council reaffirmed the EU's determination to have a "close as possible" partnership with the UK on the basis of negotiating directives of 25 February 2020. The Chief Negotiator (Mr Michel Barnier) wil, continue negotiations "in the coming weeks" and Council called on the UK to "make the necessary moves to make an agreement possible."

As regards the Internal Market Bill

Tuesday, 13 October 2020

Three tier system for Coronavirus restrictions ~ Regulations approved and in force

On 12 October, the Prime Minister announced a new "three tier" system of Regulations aimed at preventing further spread of coronavirus which, according to government data, has already claimed 42,875 lives in the UK. On 12 October there were 13,972 new cases. See Hansard 12 October 2020. The rise in infection (in most areas) from late August has been considerable and it is reported that the government was urged by SAGE to impose a short "lockdown" a few weeks ago - BBC News 13 October.

The new Regulations were "made" by the Minister (Mr Hancock MP) on 12 October 2020 and are - 

The Medium Regulations - (Tier 1 restrictions) - apply

Saturday, 10 October 2020

Troubling times


Following the December 2019 general election, Boris Johnson became Prime Minister of the United Kingdom. He is a man who is noted for ill-judged comments - Business Insider 9 June 2020 - of which the latest is his attack on "lefty" lawyers and other "do-gooders" - The Guardian October 2020.

In an online speech to the Conservative Party Conference, Johnson said - "We’re ..... protecting the public by changing the law to stop the early release of serious sexual and violent offenders and stopping the whole criminal justice system from being hamstrung by what the home secretary would doubtless – and rightly – call the lefty human rights lawyers, and other do-gooders.”

Johnson's reference to the Home Secretary

Friday, 9 October 2020

Coronavirus restrictions ~ possibility of a new restrictions regime as cases rise


Coronavirus is "getting out of control" in the north of England, a minister has said, as she defended government plans to bring in new restrictions.

Gillian Keegan, minister for skills and apprenticeships, said the country was in an "unbelievably serious situation".

That report was published by the BBC on 9 October 2020. The background to the report is government data showing a significant increase in infections - 17540 new cases on 8 October - and rising numbers requiring hospital treatment.

The BBC further reports that a 3-tier system

Thursday, 8 October 2020

The Covert Human Intelligence Sources (Criminal Conduct) Bill

On 5 October, the Covert Human Intelligence Sources (Criminal Conduct) Bill passed its Second Reading in the House of Commons by 182 votes to 20.  Very briefly, the Bill aims to empower various bodies to authorise undercover operatives to commit criminal offences.

The Labour Party's position was to abstain because the party supports putting undercover activities on a statutory footing but 20 Labour MPs voted against the Bill. Labour is calling for additional safeguards in the Bill.  The Guardian 6 October and Labour List 5 October.

Opening the Second Reading debate, the Minister (Mr James Brokenshire MP) set out the purpose of the Bill - "... the Bill deals with participation in criminal conduct by covert human intelligence sources - so-called CHIS. These are agents, or undercover officers, who help to secure prosecutions and disruptions by infiltrating criminal and terrorist groups."

In reality, it is not merely

Tuesday, 6 October 2020

Overseas Operations (Service Personnel and Veterans) Bill

This post considers the controversial Overseas Operations (Service Personnel and Veterans) Bill but first a note about the Independent Review of Administrative Law (IRAL).

The Independent Review of Administrative Law (IRAL) - post 4 August 2020 - issued a call for evidence “on how well or effectively judicial review balances the legitimate interest in citizens being able to challenge the lawfulness of executive action with the role of the executive in carrying on the business of government, both locally and centrally”.

The IRAL panel is chaired by former minister Lord Faulks QC and includes academics and leading administrative law barristers.

The call for evidence, which can be viewed here, commenced on 7 September and is running until midday on 19 October 2020.

 The IRAL was enivisaged by the 2019 Conservative Party manifesto  (Page 48) which also contained this statement (page 52) -

Saturday, 3 October 2020

UK - EU Negotiations on the Future Relationship ~ Round 9


Round 9 of the UK-EU Future Relationship negotiations ended on 2 October with statements by the Chief Negotiators:

Lord Frost - Statement 2 October 2020

Michel Barnier - Statement 2 October 2020

Prime Minister and EU Commission president Ursula von der Leyen will speak in a video call later  - BBC News 3 October 2020

It remains to be seen whether agreement can be reached. Only 89 days now remain to the end of the transition period which, let it be remembered, could have been extended had the UK government so requested.

The United Kingdom Internal Market Bill passed the House of Commons and received first reading in the House of Lords on 30 September. The Bill continues

Thursday, 1 October 2020

The Coronavirus Act 2020 continues

 

A Guardian headline of 29 September 2020 stated - "The Coronavirus Act is an attack on our liberties. MPs must seize this chance to scrap it." The author, Martha Sprurrier, (Barrister and Director of Liberty) wrote -

"As for democratic process, this Act has done untold damage. Its very existence normalises the concentration of extraordinary power in the hands of the government and the police. It sends a signal to authoritarian regimes the world over – when people think extraordinary times call for extraordinary measures, take full advantage. This week’s vote could not have more riding on it."

There is no doubt that some provisions of the Coronavirus Act 2020 give rise to major libertarian concerns. A notable example is Schedule 21 - Powers relating to potentially infectious persons. (For more detail on Schedule 21 see this previous post of 2 April 2020).

The Coronavirus Bill

Wednesday, 30 September 2020

Lord Kerr of Tonaghmore

The retirement from the Supreme Court of the UK of Lord Kerr of Tonaghmore was noted in a video tribute by the court's President - Lord Reed. 

Lord Kerr's departure from the judiciary is also notable because he was the last appointment as a Lord of Appeal in Ordinary - the "Law Lords" who, until October 2009, sat in the former Appellate Committee of the House of Lords.

Lord Kerr was called to the Bar of Northern Ireland in 1970 and to the Bar of England and Wales in 1974. He was appointed Queen's Counsel in 1983 and to the High Court of Northern Ireland in 1993. He became Lord Chief Justice of Northern Ireland in 2004.

Confusion abounds ~ is a "gathering" in a pub garden in Barnard Castle permitted?

On Tuesday 29 September, the Prime Minister, on a visit to Exeter, was asked to clarify whether people from two  households in the north east of England were allowed to meet in a pub garden. He gave an unclear answer. This story is covered by Camilla Tominey in The Telegraph 29 September - "Boris Johnson Covid rules confusion reflect the palpable sense of chaos at Number 10" Later in the day, Johnson issued a statement to correct the position. The Guardian 29 September also covered the same story.

Part of the problem here is that, at the time Johnson spoke on 29 September, the new Regulations were not in the public domain. The new regulations appear as an amendment to existing regulations applicable to NE England. 

They amendments were "made" by the Minister on 29 September and contain a statement that they were laid before

Tuesday, 29 September 2020

Coronavirus ~ serious on-going concerns

The new University year commenced this month but many new students are finding that it is likely to be far from the experience they actually wanted.  Students in Halls of Residence in Manchester were "locked in" following positive covid tests on some 127 students - Manchester Evening News Friday 25 September 2020.  

The legality of the University's action was questioned with comment that, in the absence of statutory authority, the students might have been "falsely imprisoned" - see Evening Standard 28 September

False imprisonment

Friday, 25 September 2020

Coronavirus restrictions: The Thicket of legislation - Update (24 September)

By mid-August the "lockdown" had eased with cafes and pubs trading again. Customers returned to local shops and, in early September, schools and Universities resumed. The late summer weather continued to be generally warm and sunny enabling people to enjoy life outdoors whenever possible. Of course, even in August, the pandemic was far from over and caution continued to be vital to minimise the spread of the virus. 

Unfortunately, but perhaps unsurprisingly, the rate of infection

Thursday, 17 September 2020

Scotland's Advocate General resigns ~ Internal Market Bill furore

Lord Keen of Elie QC was Advocate General for Scotland from 29 May 2025 to 16 September 2020. His resignation letter states that over the past week he had found it increasingly difficult to reconcile what he considered to be his obligations as a Law Officer with the policy intentions in the UK Internal Market Bill. 

He stated - "I have endeavoured to identify a respectable argument for the provisions at clauses 42 to 45 of the Bill but it is clear that this will not meet your policy intentions." He concluded by saying - "Your government faces challenges on a number of fronts and I fear that the UKIM Bill in its present form will not make these any easier."

During the House of Commons debate of 8 September, Sir Robert Neill QC MP

Tuesday, 15 September 2020

Internal Market Bill Second Reading ~ a note

The UK Internal Market Bill passed its Second Reading in the House of Commons on Monday 14 September. The vote was 340 to 263 (majority 77). 30 Conservative MPs abstained and two voted against the bill. See Hansard for the full debate. The House has therefore affirmed the bill in principle - (Erskine May para. 28.45). The next stage is Committee of the Whole House - UK Parliament UK Internal Market Bill and a number of amendments to the Bill have been tabled.

The Internal Market Bill contains a number of provisions (Clauses 42 to 45) which, if they become law and are actually applied, will place the UK in breach of the withdrawal agreement. Furthermore, it is arguable that the Bill itself is a breach of certain of the UK's obligations under the withdrawal agreement - for example, Article 5 (Good Faith) which requires the parties to refrain from "any measures which could jeopardise the attainment of the objectives of" the Agreement.

Saturday, 12 September 2020

UK Internal Market Bill and Devolution


My previous two posts - HERE and HERE - focussed on concern about the UK Internal Market Bill and the provisions dealing with the powers of Ministers to disapply aspects of the Withdrawal Agreement.

This is not the only bone of contention in the Bill. Described in some quarters as "an abomination" the Bill will undoubtedly impact on the devolution settlements as is well explained in these links:

Information for Government - Explainer - Internal Market Bill

Centre on Constitutional Change - The Internal Market Bill: implications for devolution

House of Commons Library Research Briefings - UK Internal Market Bill

The government claims that the Bill will "boost" the Scottish economy but that claim is refuted by the Scottish Government which plans to refuse legislative consent to the Internal Market Bill.

Like so much to do with Brexit - which a majority of Scotland's electorate opposed - the Bill is feeding demands for Scottish Independence. The Welsh Government described the Bill as an attack on democracy. Welsh voters supported Brexit.

12 September 2020

Friday, 11 September 2020

UK-EU talks Round 8 and furore over the Internal Market Bill

The 8th Round of negotiations between the UK and the EU concluded on 10 September though talks between officials will continue over the coming days. As shown by the statement of the EU's chief negotiator (Michel Barnier) major differences between the two sides continue to exist. The UK's negotiator (Lord Frost) issued a brief statement stating - "We remain committed to working hard to reach agreement by the middle of October, as the Prime Minister set out earlier this week. We have agreed to meet again, as planned, in Brussels next week to continue discussions.”

Without question, the United Kingdom

Thursday, 10 September 2020

UK Internal Market Bill


This previous post (8 September) noted the controversy over whether the government was going to breach in any way the Withdrawal Agreement. Mr Brandon Lewis MP (Secretary of State for Northern Ireland) confirmed that the proposed Internal Market Bill would "break international law in a very specific and limited way."

 
On 9 September) the Internal Market Bill was published. The government issued this explanation of the purposes of the Bill. The explanation states -


"The UK Internal Market Bill will

Tuesday, 8 September 2020

UK and EU talks Round 8 ~ Controversy at Westminster

Talks between the UK and the EU have entered the 8th Round - see EU Commission. Whether an agreement (or agreements) are possible is debatable - see House of Commons Library - UK-EU future relatonship negotiations update: is an agreement possible
Ahead of the Round 8 talks the Prime Minister issued a Statement in which he stated - "There needs to be an agreement with our European friends by the time of the European Council on 15 October if it’s going to be in force by the end of the year. So there is no sense in thinking about timelines that go beyond that point. If we can’t agree by then, then I do not see that there will be a free trade agreement between us, and we should both accept that and move on."

The UK left the EU

Monday, 7 September 2020

Fixed-term Parliaments ~ the Act is due for review

The controversial Fixed-term Parliaments Act 2011 (FTPA) is due for a review.

Under section 7 of the Act - The Prime Minister must make arrangements for a committee to carry out a review of the operation of the Act and, if appropriate in consequence of its findings, to make recommendations for the repeal or amendment of the Act. The PM must also make arrangements for the publication of the committee's findings and recommendations (if any).

A majority of the members of the committee are to be members of the House of Commons.

Arrangements to set up the committee have to be made no earlier than 1 June 2020 and no later than 30 November 2020.

Few observers of the British political scene will forget

Sunday, 6 September 2020

Piers Corbyn ~ a £10,000 fixed penalty notice

On 29 August a protest (or "anti-lockdown rally") took place in Trafalgar Square, London - The Guardian 30 August.  As the rally was dispersing, Mr Piers Corbyn (73) was arrested and it is reported that he was held by the Police for some 10 hours before being given a £10,000 fixed penalty notice issued under the heavily amended Health Protection (Coronavirus, Restrictions) (No 2) (England) Regulations 2020 - (SI 2020/684). The rally's purpose was to call for repeal of the legal restrictions imposed by the government to manage the coronavirus pandemic. Piers Corbyn

Thursday, 3 September 2020

JUSTICE report - Reform of major inquests and inquiries


The Guardian 1 September 2020 reported that Covid-19 Bereaved Families for Justice UK, which represents 1,600 bereaved families, is campaigning for a rapid public inquiry into the government’s response to the coronavirus pandemic and is taking legal action to try to force one, sending pre-action letters to the government.

At Prime Minister's Questions on 2 September, Keir Starmer (Leader of the Opposition) asked whether the Prime Minister would meet with the bereaved families group. Mr Johnson replied that - " .... it turns out that this particular group ... are currently in litigation against the Government, and I will certainly meet them once that litigation is concluded."

In an earlier post 15 April 2020 I wondered

Monday, 31 August 2020

Judicial review: the independent panel and Scotland

Court of Sesson, Edinburgh
As reported in this earlier post, the government has set up an independent panel to examine judicial review. The panel will be chaired by Lord Edward Faulks QC- see the UK Government Press Release 31 July 2020 and the panel's terms of reference.

The Panel and Scotland:

Although details differ, a process of judicial review is available in each of the legal jurisdictions of the UK (i.e. England and Wales, Scotland, Northern Ireland). Wales is not yet a separate legal jurisdiction

Friday, 21 August 2020

Roundup of News 21 August 2020

Coronavirus updates:

Bar Council - Coronavirus advice and updates

Law Society - Coronavirus (Covid-19) information for members

Institute of Legal Executives - Coronavirus information

UK - EU negotiations;

Statement by M. Barnier 21 August 2020

Statement by D. Frost 21 August 2020

UK in a Changing Europe - Latest on the UK EU negotiations

Professor Chris Grey - Brexit blog

EU Law Analysis - Professor Steve Peers -  Guide to Brexit Sources

R v Hashem Abedi ~ Manchester Arena bomb attack ~ 55 year mimimum terms

The weather in Manchester on Monday 22 May 2017 was the finest that only an English spring can bring. Here was a perfect evening to to attend the Ariana Grande concert at the Manchester Arena.

After the concert, as people were leaving the building, Salman Abedi detonated an improvised explosive device (IED) in the foyer. He was killed. Twenty-two others were also killed - the youngest a mere 8 years old. Over 260 suffered physical injuries and many more survivors suffered psychological trauma.

The making of the IED and the attack were

Saturday, 15 August 2020

Coronavirus restrictions: the thicket of legislation

Update 24 September 2020 - This post has now been replaced by 

Coronavirus - The Thicket of legislation Update 24 September

The following is the original post of 15 August.

The weather has been sunny and hot with thunderstorms in various places. The full lockdown has eased. The cafes and pub beer gardens have become busy as customers gather under the sunshades to enjoy their refreshments. Any guidance about "social distancing" is usually ignored. The local shops are also enjoying greater trade after a worrying few months when many were closed down by law.

Children, whose schooling has been disrupted since March by school closures, are now enjoying the summer school holiday. The annual examinations for GCSE and A Levels were cancelled and

Wednesday, 12 August 2020

Crossing the Channel ~ some notes

"Since earliest times, humanity has been on the move. Some people move in search of new economic opportunities and horizons. Others move to escape armed conflict, poverty, food insecurity, persecution, terrorism, or human rights violations and abuses. Still others do so in response to the adverse effects of climate change, natural disasters (some of which may be linked to climate change), or other environmental factors. Many move, indeed, for a combination of these reasons" - New York Declaration for Refugees and Migrants.

Approximately 4000 individuals - mostly young males - have crossed the English Channel this year from France to the UK and, on 11 August, it was reported that the UK and France were working 'at pace' on a plan to halt such crossings - The Guardian 11 August 2020.

This is not a new issue. In November

Sunday, 9 August 2020

PC Harper ~ manslaughter ~ sentencing, undue leniency, retrials, young adults

Full maturity and all the attributes of adulthood are not magically conferred on young people on their 18th birthdays - Lord  Burnett CJ - Clarke, Andrews and Thompson [2018] EWCA Crime 185

On 15 August 2019, three irresponsible young men - Henry Long, Albert Bowers, Jessie Cole - stole a quad bike. It was a planned theft and something they did frequently. The quad bike was towed away from its owner's property. When confronted by the Police they implemented their escape plan.  This required them to disconnect the tow loop from the quad bike and to drive away at speed as soon as all of them were in the car. As they drove away, PC Harper was caught up by the loop which was still attached to the car. He was dragged at high speed over a considerable distance and killed as a result.

The three were charged with murder. A first trial

Tuesday, 4 August 2020

Be concerned: be very concerned ~ a review of Judicial Review

The 1986 David Cronenberg film "The Fly" contained the line - "Be afraid: be very afraid."  A scientist was working on "teleportation" and started to turn into an insect. He pleaded with one of the characters, "Don't be afraid." The reply was, "Be afraid: be very afraid."

Panel on judicial review:

Last week I wrote about the emergence of government plans regarding the 2019 manifesto commitment to set up a Constitution, Democracy and Rights Commission within the first year of a Conservative government. Although it is not yet fully clear, the

Tuesday, 28 July 2020

Unfitness to Plead ~ Reform is required


Under present-day law, if a question is raised in the Crown Court as to whether a defendant (D) is unfit to plead then the question will be decided by the judge taking into account medical evidence. If the decision is that D is unfit to plead then a jury can be asked to determine whether D ‘did the act or made the omission charged against him as the offence” – Criminal Procedure (Insanity) Act 1964 (as amended).

In R v Marcantonio [2016] EWCA Crim 14 the Court of Appeal (Criminal Division) reiterated the law regarding unfitness to plead - see paragraphs 1 to 9. The court stated -

Whether an accused is fit to plead is determined

Friday, 24 July 2020

Sentencing ~ some developments

The Sentencing Council has published a new guideline for sentencing offenders with mental disorders, developmental disorders or neurological impairments. The new Guidance is effective from 1 October 2020.


Sentencing Council - 22 July 2020 and Sentencing offenders with mental disorders, developmental disorders, or neurological impairments

The following is a very brief

Thursday, 23 July 2020

The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 + Other amendments

The law is stated as at 23 July 2020. Amendment is likely.

On 14 July, the government announced plans to required "face coverings" to be worn in shops and supermarkets with effect from 24 July.

The legislation finally arrived at 1.15 pm today when The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 were laid before Parliament. An Explanatory Memorandum is available.

As with other similar Regulations, the legal basis

The ISC's Russia Report ~ some notes

This previous post (17 July) looked at Parliament's Intelligence and Scrutiny Committee ('the ISC').

On 21 July the committee issued its long-awaited report on "Russia" - see the report and press release on the ISC website

The report has considerable redactions and an entire Annex is redacted but it is interesting, even if unsurprising, reading. After all,

Physical harm to a child ~ conviction quashed

On 6 December 2019 in the Crown Court at Durham (Judge Adkin and a jury) the appellant (RN) was convicted of two counts of causing or allowing serious physical harm to a child contrary to section 5 of the Domestic Violence Crime and Victims Act 2004 (Counts 1 and 2). RN's appeal against conviction  has been allowed.

RN v R [2020] EWCA Crime 937 - Vice-President of the Court of Appeal (Criminal Division) Fulford LJ, Garnham and Farbey JJ.

Section 5 (as amended from 2 July 2012 by the Domestic Violence Crime and Victims (Amendment) Act 2012) is the offence

Friday, 17 July 2020

Intelligence and Security Committee ~ Chair, Members, Russia Report

Updated 22 July 2020

ISC Chair and Membership:

Dr Julian Lewis MP (New Forest East) has been appointed Chair of Parliament's Intelligence and Security Committee (ISC). The committee has nine members including the former Secretary of State for Justice and Lord Chancellor Mr Chris Grayling.

The committee had to be reappointed following the General Election held on 12 December 2019. After seven months, the membership has been finalised- see Hansard House of Commons 13 July 2020 and House of Lords 14 July 2020.

It was widely reported that

Wednesday, 15 July 2020

Sutherland v HM Advocate ~ Supreme Court judgment ~ Paedophile Hunters

The Supreme Court has handed down judgment in Sutherland v Her Majesty's Advocate [2020] UKSC 32.

The legal issue was whether prosecutions based on the covert sting operations of "paedophile hunters" are compatible with the right to private life and correspondence - Article 8 of the European Convention on Human Rights.

According to the court's website - "Paedophile hunters" are "self-appointed vigilantes who impersonate children in order to expose people who they consider to be sexual predators. Some of these groups

Saturday, 11 July 2020

Coronavirus: the mix of Law and Guidance

The government's response to the coronavirus pandemic has included making law and issuing guidance but what is the relationship between the two? Are they distinct so that law is that which must be obeyed and guidance is only mere recommendation? These are interesting, and far from easy-to-answer, questions.

Law:

The relevant law includes The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 (as amended) where legal restrictions are set out. These apply to

Friday, 10 July 2020

Amendment of the Coronavirus Restrictions legislation

The law is stated as at 10 July 2020. Amendment is likely.

The government has made The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) Regulations 2020 (SI 2020/719) which amend The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 (SI 2020/684) - (see previous post of 3 July 2020).

An Explanatory Memorandum accompanies the Amendment.

Yet again, the powers in the Public Health (Control of Disease) Act 1984 are the basis for this secondary legislation.

The amending legislation will

Tuesday, 7 July 2020

The "lockdown" Regulations ~ judicial review ~ permission hearing

Simon Dolan and Lauren Monks have been refused permission for a judicial review of the "lockdown" regulations in England - (previous post 27 May).

Judgment of Mr Justice Lewis - Dolan and Monks v Secretary of State for Health and Social Care and Secretary of State for Education [2020] EWHC 1786 (Admin. The applicants sought permission to bring proceedings to challenge the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 as amended ("the Regulations") and what was described as a decision to close schools and educational establishments.

Lewis J noted

Friday, 3 July 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020

The law is stated as at 3 July 2020. Amendment is likely.
 
The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 came into force at 00.01 am on 4 July 2020. They replace the previous Health Protection (Coronavirus, Restrictions) legislation.

The No.2 Regulations are made using the powers in the Public Health (Control of Disease) Act 1984. (The same powers were used to make the previous "lockdown" regulations). The Secretary of State considers that the restrictions and requirements imposed by the new Regulations are proportionate to what they seek to achieve, which is a public health response to the coronavirus threat. In accordance with section 45R of the 1984 Act the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make the new regulations without a draft having been laid before, and approved by a resolution of, each House of Parliament.

Leicester is in a somewhat different legal position because specific Regulations have been made for a "protected area" defined mainly by postcodes in the Leicester area (see below).

Tuesday, 30 June 2020

Is the criminal trial jury under threat ?


"Our justice system is built on the principle that the law will be applied impartially. In the cases that involve the greatest harm to victims and the longest sentences for offenders, juries are the guardians of this principle. Our jury system may be centuries old, but it is still fit for purpose today" - Report by David Lammy (2017).  

I suspect that many people within the criminal justice system and elsewhere fully expected calls for removal of jury trial as a means of dealing with the backlog of criminal cases which actually developed long before coronavirus (Covid-19) arrived.

The Law Society Gazette (27 March 2020) commented- "The backlog of Crown court cases in England and Wales has reached its highest level in

Monday, 29 June 2020

EU and UK ~ Where are we now?

 The transition period will end 31 December 2020:

The UK left the EU on 31 January 2020 and entered into a transition (or implementation) period until the end of 2020.

The Withdrawal Agreement was formally agreed on 29 January just as coronavirus was starting to emerge as a major threat to life, health and the economy.

The European Union (Withdrawal Agreement) Act 2020 gives force, within the domestic legal systems of the UK, to the Withdrawal Agreement.

The Withdrawal Agreement

Tuesday, 23 June 2020

Looking back - Ruth Ellis

On 13 July 1955 the execution took place of Ruth Ellis (RE). She was the last woman to be hanged in the United Kingdom.

Background:

RE's family moved to London in 1943 when she was 17. She met a Canadian soldier at a dance and their subsequent relationship resulted in a baby boy being born. The father, a married man, returned to Canada. RE entered the world of escorting and London nightclubs. Various relationships with men took place over a number of years.

RE got a job at the 'Camera Club' where she posed in the nude so that men could photograph her. Later, she moved on to become

Monday, 22 June 2020

Tuesday, 16 June 2020

Lessons from the past ~ Statues and Memorials

June 2020
Protesters:

Some people detest the very existence of particular statues and are prepared to protest about them, damage them or even forcibly remove them.  The recent Black Lives Matter protests have seen the words "was a racist" paint-sprayed on to the Churchill statue near Parliament - iNews 14 June. A statue to Edward Colston (1636-1721) was removed in Bristol and thrown into the harbour. It was subsequently "fished out" and taken into storage. I will return to Mr Colston later.

Others purported to be on the streets to protect particular statues. CBS News  reported on 13 June that "far right activists" had "descended on" London "claiming they were protecting statues from anti-racism activists."

Action was taken to ptotect  several prominent statues or memorials from protesters. The picture shows the cenotaph in