06 July 2013

Brief Notes on the Azelle Rodney Inquiry

Update 31st July 2014 - The former Police Officer, referred to as E7, has been charged with the murder of Azelle Rodney.  See the Crown Prosecution Service announcement on this.

In April 2005, Azelle Rodney (then aged 24) was shot by the Metropolitan Police - BBC 5th July 2013 and The Independent 5th July.  In June 2010, the Azelle Rodney Inquiry. was set up, under the Inquiries Act 2005.  The inquiry terms of reference were:  ‘To ascertain by inquiring how, where and in what circumstances Azelle Rodney came by his death on 30 April 2005 and then to make any such recommendations as may seem appropriate.’

Retired judge, Sir Christopher Holland was appointed Chairman of the Inquiry and details of the 'Inquiry Team' are available.   Up to December 2012, the total costs of the Inquiry have exceeded £2m with legal costs of £1,438,054.  The Inquiry is the first time that a fully Article 2 compliant public inquiry has been held. 

The Inquiry has concluded

04 July 2013

Thursday roundup

Vinter and others:

On 9th July, the European Court of Human Rights Grand Chamber will give judgment in Vinter and others v United Kingdom.  The applicants, Douglas Gary Vinter, Jeremy Neville Bamber and Peter Howard Moore, are British nationals who were born in 1969, 1961 and 1946 respectively. All three men are currently serving sentences of life imprisonment for murder.  When convicted the applicants were given whole life orders, meaning they cannot be released other than at the discretion of the Secretary of State on compassionate grounds (for example, if they are terminally ill or seriously incapacitated).

Press release
Webcast of the hearing

Previous posts are Whole Life Terms for Murder - Vinter and others v UK  28th November 2012 and Whole Life Terms for Murder  16th May 2013.

The court will rule

03 July 2013

Family Law - some recent developments in childcare law

An update on SOME of the recent developments in child care family law


Supreme Court of the UK: - In the matter of B (a child) [2013] UKSC 33 - (judgment ... press summary ... Youtube 12th June) - concerned

(1) the criteria for making a care order under section 31 of the Children Act 1989 when the risk is of future psychological or emotional harm, and

(2) the role of the appellate courts once a trial judge has made an order.

The majority judgment was set out in 8 propositions:

The Justice Committee ~ Hearing of 3rd July 2013 ~ Legal Aid

Update - 3rd July:  The session is over - Watch it Here.

Update 4th July:  Solicitors Journal   Fresh consultation to be launched in September after 'detailed talks' with Law Society
Chris Grayling, the justice secretary, put the Law Society in the driving seat on the criminal legal aid cuts while repeatedly attacking barristers and the Bar at ... meeting of the justice select committee. The only other concession was to exempt babies under 12 months old from the proposed 'residence test.'

Update 5th July:  Uncorrected transcript of oral evidence- Parliament


The House of Commons Justice Committee meets today to question the Secretary of State for Justice and Lord Chancellor (Mr Chris Grayling MP) about the proposals on Transforming Legal Aid.  As published, the particular focus of this session is to be Price Competitive Tendering (PCT).

The Committee has 12 members including its Chairman Sir Alan Beith MP (Liberal Democrat).  The political party make up of the committee is 1 Liberal Democrat, 5 Conservative, 5 Labour and 1 Plaid Cymru.  Some of the Justice Committee members spoke in the recent backbench debate on legal aid .

As indicated

02 July 2013

Legal Aid - a possible shift in the government's position - Law Society's alternative proposals

Mr Chris Grayling MP
Updated 4th July - see addendum:

Beset on all sides by criticism of plans to reform criminal legal aid and in advance of his appearance before the Justice Committee on 3rd July, the Secretary of State for Justice and Lord Chancellor (Mr Chris Grayling MP) has indicated that choice of solicitor will be retained in any reforms - The Independent 1st July.

Perhaps Mr Grayling hopes that he will now receive an easy ride from the committee.  Whether that is so remains to be seen.  According to the published information, the Justice Committee hearing is about Price Competitive Tendering but there is much more to the  Transforming Legal Aid proposals - e.g. prison law cases, judicial review etc.  (Law and Lawyers ~ Responses to Legal Aid consultation).

The Justice Secretary welcomed  the Law Society’s recognition

Ian Brady - Tribunal hearing June 2013

It was in 1966 that Ian Brady and Myra Hindley were convicted at Chester Assizes* (Fenton Atkinson J and a jury) of the murders of children.   Both were sentenced to life imprisonment.  Hindley died in November 2002.  Brady has been held in Ashworth Hospital since 1985.  The hospital is part of Mersey Care NHS Trust and is one of only three hospitals in the country providing services for patients who require treatment and care in conditions of high security.

Brady has recently argued at a Mental Health Review Tribunal hearing that he should be transferred to prison.  However, the tribunal rejected his argument - DECISION with reasons to follow.  (The reasons became available in January 2014 - Judiciary).  See also BBC 28th June.   The tribunal announcement, published on the Judiciary website, states that Brady

Sgt Danny Nightingale - Military justice under the microscope (2)

Update 10th July:  Sgt. Nightingale has been convicted - The Guardian 10th July  and BBC News England 10th July.  Sentencing to be at a later date.

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This post is based on The Times leading article of 1st July 'Army chiefs go to war with SAS' - (here - £ paywall).

On Monday 1st July, The Times reported that the Danny Nightingale case (see previous post) coincides with concerns in the Army over the SAS after a decade of combat operations in the Middle East.  'Sources said that the chain of command was uneasy about an apparent culture of impunity in the regiment and was determined to "grip" the situation' and further.   An amnesty for illegal weapons, which was instituted after Sergeant Nightingale's arrest, is understood to have shocked senior officers.'

The Times further reported