Saturday, 31 July 2021

Justice Committee - Report on the Future of Legal Aid


The House of Commons Justice Committee has published a report - "The Future of Legal Aid" - 3rd Report of Session 2021-22.The Committee noted that - "... , on the evidence submitted to this inquiry, we are concerned that there are not enough legal aid providers in certain areas, and without urgent action, that situation is certain to worsen over the next decade."

After a decade

Saturday, 24 July 2021

Judicial Review and Courts Bill ~ Criminal Courts and Coroners


Crown Court Exeter
The Judicial Review and Courts Bill was published on Wednesday 21 July 2021.  The House of Commons is in summer recess from 22 July to 6 September. A further recess will take place for party conferences - 23 September to 18 October.

This post highlights some of the features of the Bill in so far as criminal justice and Coroners are concerned.

Judicial Review and Courts Bill - GOV.UK (www.gov.uk)

Explanatory Notes

: Criminal Justice :

Thursday, 22 July 2021

Judicial Review and Courts Bill ~ proposed changes to judicial review

The Judicial Review and Courts Bill was published on Wednesday 21 July 2021.  The House of Commons is in summer recess from 22 July to 6 September. A further recess will take place for party conferences - 23 September to 18 October.

Judicial Review and Courts Bill - GOV.UK (www.gov.uk)

Explanatory Notes

Overview of the Bill:

The Bill divides

Friday, 16 July 2021

Northern Ireland ~ important developments

Addendum 19 October 2021 - the death of Dennis Hutchings was reported - BBC News.  The death was due to Covid. Mr Hutchings was standing trial (without jury) for attempted murder and causing grievous bodily harm. The alleged victim was John Pat Cunningham who was shot in 1974. See also this link regrading the funeral of Mr Hutchings.

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This post notes two significant developments relating to criminal justice and legal process in Northern Ireland. 

Extension of non-jury trial:

An Order extending the possibility of non-jury trial in Northern Ireland to 31 July 2023 was approved. Non-jury trial is available in situations provided for in The Justice and Security (Northern Ireland) Act 2007 and the power to extend the 'effective period' is in section 9.

The Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2021 (legislation.gov.uk)

Legacy of Northern Ireland's past:

A statement was made in the House of Commons on 14 July by the Secretary of State for Northern Ireland (Brandon Lewis MP).

Coronavirus Restrictions ~ Changes from 19 July

On 14 and 15 July, with a stroke of his Ministerial pen, the Secretary of State for Health and Social Care (Mr Sajid Javid MP) "made" two important Statutory Instruments. The changes apply only to England. The law is different in Wales, Scotland, and in Northern Ireland.

The Health Protection (Coronavirus, Restrictions) (Steps etc.) (England) (Revocation and Amendment) Regulations 2021 - [SI: 2021/848] - in force 11.55 pm on 18 July 2021. 

The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) (Amendment) Regulations 2021 - [SI: 2021/851] - in force partly on 19 July 2021 but fully in force from 16 August 2021. 

For both sets of new Regulations, the government has

Wednesday, 14 July 2021

Overseas Development Assistance (ODA)

Has the statutory duty on Ministers to apply 0.7% of Gross National Income (GNI) to Overseas Development Aid (ODA) been superseded by a vote in the House of Commons? This may appear to be the case but this post argues that under the statutory scheme it is lawful even if, politically, a reduction in ODA is considered to be undesirable.

The statutory scheme:

The International Development (Official Development Assistance Target) Act 2015 places a duty on the Secretary of State to "ensure that the target for official development assistance ... to amount to 0.7% of gross national income ... is met by the UK in the year 2015 and each subsequent calendar year" - section 1.

The Secretary of State has to report to Parliament if the target is not met - section 2 - and to explain why the target has not been met. 

The Act plainly envisages that it may not be met if, for example, economic circumstances reduce gross national income.

Section 3 provides

Friday, 2 July 2021

Challenge to Northern Ireland Protocol dismissed by the High Court of Northern Ireland

" ... comparing Northern Ireland to a colony or the Vichy government in France under the Nazi regime during the Second World War are wide of the mark and unhelpful" - Mr Justice Colton.

The Brexit negotiations were a long and tortuous road but resulted in the UK leaving the EU on 31 January 2020. A transition period followed up to 31 December 2020. The UK left under the terms of a Withdrawal Agreement (WA) dated 17 October 2019.  

Article 182 of the WA provides that an integral part of the Agreement is the Ireland / Northern Ireland Protocol. (NIP). 

In March 2021, an application for judicial review