Law and Lawyers
Responsible and sometimes critical comment on topical legal matters of general interest. This blog does not offer legal advice and should not be used as a substitute for professional legal advice. Pro Aequitate Dicere
Thursday 17 October 2024
Assisted Dying Bills ~ Background information
Thursday 3 October 2024
British Indian Ocean Territory
The UK government has agreed with Mauritius - (a nation within the Commonwealth) - to settle historic sovereignty claims over British Indian Ocean Territory (BIOT). Negotiations started in 2022 under the previous (Conservative) government.
Mauritius will assume sovereignty over BIOT with the UK authorised to exercise the sovereign rights of Mauritius regarding Diego Garcia - an island with a military base of importance to UK, USA and others.
The government's announcement notes that the agreement is "political" and will be the subject of a treaty yet to be finalised.
UK-Mauritius deal to protect national security – safeguarding the operation of strategic military base - GOV.UK (www.gov.uk)k)
General material:
Wednesday 2 October 2024
Some recent new material
The Supreme Court of the UK has been operational for 15 years. See the report from the House of Commons LIbrary
The UK Supreme Court - House of Commons Library (parliament.uk)
The Criminal Cases Review Commission has published online a Case Library
Case Library - Criminal Cases Review Commission (ccrc.gov.uk)
HM Inspectorate of Prisons has published
Saturday 28 September 2024
R v Plummer and Holland ~ Criminal Damage at the National Gallery
On 14 October 2022, "Just Stop Oil" protesters, Phoebe Plummer (age 23) and Anna Holland (age 22) committed criminal damage at the National Gallery, London. Tomato soup was thrown at a Van Gogh painting - "SUNFLOWERS" - with the result that the patina on the frame (value £8 - 10,000) was damaged. Because of a glass protective cover, the painting itself was not actually damaged but there was a possibility that it might have been.
In July 2024, the two women were convicted after trial and were sentenced on 27 September by His Honour Judge Hehir.
Plummer was sentenced to 2 years imprisonment for criminal damage and to an additional 3 months for "Interfering with key national infrastructure" (Public Order Act 2023 s.7). Plummer also received a 3 years Criminal Behaviour Order. It should be noted that she had previous relevant convictions and was on bail at the time of the criminal damage offence.
The interfering with national infrastructure offence related to "slow walking." Further details are not provided in the sentencing remarks.
Holland was sentenced to 20 months imprisonment for the criminal damage. The Judge was invited by counsel to suspend the custodial sentence but he was of the opinion that immediate custody was the only appropriate sentence because the "need for punishment and deterrence entirely outweighs the factors which might point towards suspending the sentence. ..."
The Sentencing Remarks of Judge Hehir are published on the Judiciary website and should be read in full - Rex -v- Plummer and Holland - Courts and Tribunals Judiciary
Key National Infrastructure
Tuesday 17 September 2024
R v Hugh Edwards - Sentencing Remarks
The suspended prison sentence is subject to requirements and also to notification requirement under the Sexual Offences Act 2003 - (see HERE). Nobody ought to be under the illusion that any of the requirements are an easy option. They are rigorously by the Probation Service and breaches will usually be referred back to court.
The Sentencing Remarks are available - EDWARDS SENTENCE REMARKS FINAL (judiciary.uk)
The requirements applying to this sentence are -
Inquiries - House of Lords committee calls for reform
The 63 page report is HERE (pdf) and see Lords committee calls for major overhaul of public inquiries - UK Parliament
Among the main recommendations of the House of Lords Statutory Inquiries Committee are:
Monday 9 September 2024
Winter Fuel Regulations
Keir Starmer under pressure as row grows over cut to winter fuel payments | ITV News and
Is there a £22bn ‘black hole’ in the UK’s public finances? - BBC News.
Of course, millionaires hardly need a winter fuel payment but it is risible to describe, as some have, the majority of pensioners as "millionaires" and thousands fail
Friday 6 September 2024
House of Lords Reform ~ Hereditary Peers to be completely excluded
On 5 September 2024 the government introduced the House of Lords (Hereditary Peers) Bill - Parliamentary Bills - UK Parliament
See also the Explanatory Notes (pdf)
The Bill seeks to implement a Labour Party manifesto commitment to remove 'the remaining connection between hereditary peerage and membership of the House of Lords; to abolish the jurisdiction of the House of Lords in relation to claims to hereditary peerages ..'
The majority of hereditary peers were excluded from the House of Lords by the House of Lords Act 1999 (legislation.gov.uk) but a compromise was reached and section 2 of that Act provided for 90 such peers to continue as members. In addition the Earl Marshal and Lord Great Chamberlain were excepted.
The Bill states
In modern times. claims to hereditary peerages are rare and the Bill will abolish the ancient jurisdiction of the House of Lords over such claims.
If any claims arise
Wednesday 4 September 2024
Grenfell Tower Fire 14 June 2017 ~ Final Report and earlier reports
September 2024 - Phase 2 report | Grenfell Tower Inquiry
Friday 16 August 2024
Prosecutions for rail fare avoidance ~ use of Single Justice Procedure ~ Ruling by Chief Magistrate
The prosecutions were brought under the Regulation of Railways Act 1889 section 5 and were dealt with in Magistrates' Courts using "Single Justice Procedure (SJP)."
This was not permissible .....
Sunday 11 August 2024
Free speech has limits
19 October 2022 - House of Lords Library -
The rights and limits to freedom of expression
Freedom of expression is the right to express and receive opinions, ideas and information. Expression and exchanges of views increasingly take place online, including through social media platforms, websites and search engines.
The right to freedom of expression is balanced by the responsibilities held by government, media and technology, and citizens. It is not an unrestricted right
Friday 9 August 2024
Serious Violence Reduction Orders
On 8 August 2024, in the Crown Court at Liverpool, two men were sentenced to imprisonment for offences connected to recent public disorder.
John O' Malley (age 43) and William Nelson-Morgan (age 69) each received 32 months for separate offences of violent disorder (Public Order Act 1986 s.2).
Nelson-Morgan also received a concurrent sentence of 6 months for possession of an offensive weapon and also a serious violence reduction order (SVRO) which will take effect on his release from custody and will last for 2 years.
The sentencing remarks
Wednesday 7 August 2024
DPP says CPS will consider terrorism in disorder cases
Against the background of the public disorder of late July and early August, Mr Parkinson is reported to have said that "terrorism offences" would be considered . "Where you have organised groups planning activity for the purposes of advancing [an] ideology... planning really, really serious disruption then yes, we will consider terrorism offences."
The term "terrorism" is interpreted
Monday 5 August 2024
A note on compensation for riot damage ~ the Riot Compensation Act 2016
Compensation used to be governed by the Riot (Damages) Act 1866 (now repealed). The 1866 Act was tested after the 2011 riots but, in Mayor's Office for Policing and Crime v Mitsui Sumitomo Insurance Co [2016] UKSC 18, the Supreme Court held that the Act did NOT cover consequential losses. For example, a claim under the Act was possible if (say) business premises were directly damaged but loss of profits could not be claimed.
Following the 2011 disorder, the Home Secretary - (then Theresa May) - commissioned a review of the 1866 Act and this reported in November 2013. On 8th November 2013, the Home Office published - New proposals to reform Riot Damages Act.
The outcome was
Friday 2 August 2024
R v Axel Muganwa Rudakubana ~ Southport attack, Serious Disorder
At Liverpool on 1 August 2024, Axel Muganwa Rudakubana (aged 17) was remanded to youth detention accommodation. He is charged with the murders of Bebe King (age six); Elsie Dot Stancombe (age seven), and Alice Dasilva Aguiar (age 9). He is further charged with the attempted murders of ten others (8 children and 2 adults) and also with possession of a bladed article. The alleged offences occurred at a dance class at the Hart Space in Southport.
The Honorary Recorder of Liverpool (HHJ Andrew Menary KC) ruled that the young person could be named - see Youth Justice and Criminal Evidence Act 1999 section 45 (legislation.gov.uk). Certain other reporting restrictions apply.
A plea hearing was set for 25 October 2024. Any trial will be in 2025 and a potential trial date of 20 January was set - Live updates as Southport stabbing suspect named in court - Liverpool Echo
There was considerable online misinformation about the identity of the suspect who was actually born in Wales and is not an asylum seeker.
The Prime Minister:
Friday 19 July 2024
R v Hallam ~ M25 protests ~ conspiracy to intentionally commit public nuisance
A Law Commission report in 2015 recommended the replacement of the common law offence of public nuisance. Government took no action on this aspect of the report until the Police, Crime, Sentencing and Courts Act 2022 section 78.
The section is a new statutory offence of "Intentionally or recklessly causing public nuisance" and it has a maximum penalty of 10 years imprisonment. The section also provides a defence of "reasonable excuse" - see section 78(3).
The 2022 Act was a further step
Thursday 18 July 2024
Covid-19 Inquiry - First report
The UK Covid-19 Inquiry, chaired by Baroness Heather Hallett, has issued its first report which deals with Module 1 - Resilience and Preparedness - Module 1 Report - UK Covid-19 Inquiry (covid19.public-inquiry.uk)
Module 1 Report - The resilience and preparedness of the United Kingdom - UK Covid-19 Inquiry (covid19.public-inquiry.uk) - 240 pp. (pdf)
The report has to be read in full and it speaks for itself. I am therefore avoiding either analysis or precis. In any event, this report is the first of several. Each "module" will be followed by its own report.
That said, Baroness Hallett notes
King's Speech ~ State Opening of Parliament ~ 17 July 2024
The State Opening of Parliament took place on 17 July 2024 amid the usual pomp and circumstance. In the House of Lords, HM King Charles III read 'The King's Speech' setting out the new (Labour) government's legislative plans -
The King's Speech 2024 - GOV.UK (www.gov.uk)
King’s Speech 2024: Full list of bills - Politics.co.uk
King's Speech 2024: Research and reading lists - House of Lords Library (parliament.uk) - research briefings and reading lists by subject area
The history and ceremonial of the State Opening are described at - State Opening of Parliament -history and ceremonial
References to Liz Truss removed from King’s Speech papers after ex-PM complains (msn.com)
Tuesday 16 July 2024
New Secretary of State for Justice / Lord Chancellor, and Law Officers
Swearing in of the new Lord Chancellor - Courts and Tribunals Judiciary
Joshua Rozenberg describes the occasion on his substack - Rule of law - by Joshua Rozenberg - A Lawyer Writes (substack.com).
The appointees
The appointees are Shabana Mahmood, Richard Hermer KC (as Attorney-General) and Sarah Sackman MP as Solicitor General.
Shabana Mahmood has
Friday 12 July 2024
Emergency action to be taken on prison population
I use the word "unenviable" because it is bound to lead to accusations from political opponents that the government is putting the population in danger or that it has gone soft on crime. Because of this, I urge readers to look carefully at Mahmood's statement - Lord Chancellor sets out immediate action to defuse ticking prison ‘time-bomb’ - GOV.UK (www.gov.uk).
It is now 30 years