What will happen after 29 March 2019 if there is no Withdrawal Agreement between the UK and the EU? In this "no deal" or "cliff edge" scenario, the UK would step entirely away from the EU ("third country status") and there would not be an implementation / transition period to protect British business / commerce from the inevitable ravages of such a status. How should businesses and individuals prepare for this situation?
On 23 August, the UK government published Preparations for a No Deal Brexit. The speech of the Secretary of State for Exiting the EU is HERE. Just how confident one should be that a deal will be achieved is highly debatable even though the Minister referred to a No Deal Brexit as an "unlikely event" and said that he was confident that a "good deal is within our sights."
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
Monday 27 August 2018
Sunday 26 August 2018
Inside the Court of Appeal (Criminal Division)
On 21 August, the Judiciary published the Court of Appeal (Criminal Division) Annual Report 2016-17. In the Preface to the report, the Lord Chief Justice notes that the Court of Appeal (Criminal Division) is "there to ensure that so far as humanly possible convictions which
are unsafe are set aside, and sentences which are either manifestly
excessive or unduly lenient are corrected. Convictions which are safe
and sentences which are appropriate must be upheld. That simple summary
of the objective of the Court reveals its importance, and the high level
of responsibility which all who work in the Court, whether in the
office or in the Court itself, must carry."
"Inside the Court of Appeal" was a documentary
Thursday 16 August 2018
Judicial diversity
Former Magistrates' Court - Kendal |
The data for Magistrates is particularly striking.
Tuesday 14 August 2018
The tragic death of Jack Adcock
Jack Adcock |
The BBC Panorama coverage of this case is an excellent, detailed and very moving programme.
Monday 13 August 2018
Controversy over the burqa
Conservative MP and former Foreign Secretary - the Rt. Hon. Boris Johnson MP - caused considerable furore over a piece he wrote for The Telegraph on 5 August - Denmark has got it wrong. Yes, the burka is oppressive and ridiculous - but that's still no reason to ban it. Mr Johnson expressed surprise that Denmark had joined several other European countries - e.g. France, Belgium - "in imposing a ban on the niqab and the burka – those items of Muslim head-gear that obscure the female face." He continued to say that he agreed with those who think that the burka is oppressive - "I would go further and say that it is absolutely ridiculous that people should choose to go around looking like letter boxes; ...."
Thursday 9 August 2018
Independence of the Parole Board
Mr Justice Mostyn |
In judicial review proceedings, Mr Wakenshaw claimed that the Parole Board lacked the requisite independence under the common law and article 5(4) of the European Convention on Human Rights. He did not wish to prevent his current review going ahead but, more fundamentally, he claimed a declaration that the Parole Board was not an objectively fair adjudicative body.
Wednesday 8 August 2018
Pressing issues - (3) - Legal aid
The post World War 2 welfare state comprised the NHS; universal housing; state security (benefits); and universal education. According to the late Sir Henry Brooke (HERE), Legal Aid was not a pillar of the welfare state even though law underpins crucial matters such as the NHS structure, rights to medical treatment, housing, welfare, education and the general rights of those charged with criminal offences. Under the Legal Aid and Advice Act 1949 legal aid was to be available in all courts and tribunals where lawyers normally appeared for private clients. Eligibility should be extended to those of “small or moderate means”, and above a free limit there should be a sliding scale of contributions.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 - (LASPO) - brought about major reform of legal aid.
Monday 6 August 2018
Pressing issues - (2) - Disclosure
In 2017, Liam Allan, a criminology student at Greenwich University, was charged with six counts of rape and six of sexual assault.
During the trial, the contents came to light of mobile telephone
messages sent by the complainant including messages asking Mr Allan for
sex. This material had been held electronically by the Police even though Mr Allan had maintained all along that the sex was consensual. The
outcome was that prosecuting counsel (Mr Jerry Hayes) offered no
evidence against Mr Allan and the case against him ended.
The investigative role of the Police gives them almost a monopoly over the collection of information. Several lines of enquiry might have been followed and a considerable volume of information obtained but the prosecution may not need to use all of it in a particular case. There is often so-called "UNUSED" material and it is possible that there is unused material which is capable of of undermining the case for the prosecution against the accused, or of assisting the case for the accused.
The investigative role of the Police gives them almost a monopoly over the collection of information. Several lines of enquiry might have been followed and a considerable volume of information obtained but the prosecution may not need to use all of it in a particular case. There is often so-called "UNUSED" material and it is possible that there is unused material which is capable of of undermining the case for the prosecution against the accused, or of assisting the case for the accused.
Friday 3 August 2018
Pressing issues - (1) - Prisons and Probation
The prison population in England and Wales stood at 83,107 on 3 August 2018 against a "useable operational capacity" of 86,012 - MoJ Prison Population figures. The terms used in the statistics are defined as:
Wednesday 1 August 2018
Mr Yaxley-Lennon (aka Tommy Robinson) ~ Court of Appeal orders re-hearing
On 18 July, an appeal was heard in the contempt of court case of Stephen Yaxley-Lennon (aka Tommy Robinson). On 1 August, the court - Lord Chief Justice (Lord Burnett), Turner and McGowan JJ - handed down judgment.
According to the Law Commission (2012), "Contempt of court" covers a wide variety of conduct which undermines or has the potential to undermine the course of justice, ..."
The events:
According to the Law Commission (2012), "Contempt of court" covers a wide variety of conduct which undermines or has the potential to undermine the course of justice, ..."
The events:
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