A brief look back at 2013 ~ A selection of posts

Royal Courts of Justice, London

2013 has been a most interesting year marked by the limitation imposed on civil legal aid by the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; the on-going fight for legal aid for criminal cases and the ceaseless attacks on the system of human rights protection offered to all of us by the European Convention on Human Rights and the European Court of Human Rights.  Here are some of the posts on this blog during 2013:


January

Hillsborough - Fresh Inquests - the question of Article 2 compliance - In December 2012, the original Hillsborough Inquest verdicts were quashed by the High Court.  Progress is being made toward holding the new inquests in 2014.

The trial and execution of Derek Bentley - 60 years on

New Year's Eve 2013 (1) - Are Human Rights approaching a knife edge?

Striding Edge, Helvellyn

The protection of human rights is, yet again, in the headlines following  an interview on the Radio 4 TODAY programme by former Lord Chief Justice of England and Wales (Lord Judge) - see The Telegraph 28th December 2013 - European Courts have too much power, says former Lord Chief Justice.   An extract from the interview is available via this Radio 4 link.  

There is much in Lord Judge's comments to take issue with but his views will undoubtedly lend succour to those in the present coalition government who harbour an intense dislike of the European Court of Human  Rights.  After all, it acts as a brake on the massive power that the doctrine of Parliamentary Supremacy (or Sovereignty) confers, in practice, on the executive branch of government.  The latest views of the Secretary of State for Justice and Lord Chancellor are covered by an article in The Guardian 30th December - Grayling says European Court of Human Rights has lost legitimacy.   Some serving judges have also been critical of the European Court of Human Rights.  The recent views of Lord Sumption and Lord Justice Laws were considered here and here (respectively).

There is some counterbalance in the views of Lady Hale and Lord Mance - considered here and see here (pdf).  Lord Mance points out that Parliamentary Sovereignty is unconstrained by any written constitution or document containing fundamental rights.  He highlights some of the changes to law brought about since the Human Rights Act 1998:

Christmas Day 2013

Manchester Christmas Markets 2013

Christmas Day!  The Houghton Weavers once asked- "What's Christmas without a brass band" and so here is a superb selection of carols played by musicians of the Salvation Army.  I hope you enjoy it.  There is also a light-hearted item played by a world famous brass band from West Yorkshire - Brighouse and Rastrick play SANTA.

Let us hope that 2014 proves to be a peaceful and happy year.  There is much to work for if access to justice and the generally high standards of our legal system are to be maintained.  There is much to be done for the less well-off in our country and across the world there are massive challenges. 

Here is a quick glance at a few items of interest ..... 

Nigella Lawson and section 100 of the Criminal Justice Act 2003

The trial of sisters Elisabetta and Francesca Grillo became a media circus because television celebrity Nigella Lawson (pictured) was the key prosecution witness. The Grillos were accused of fraudulently using the credit cards of Charles Saatchi's private company - Telegraph 27th November.   They were acquitted.  The sisters claimed that Lawson had permitted them to use the credit cards in exchange for their silence regarding her drug use.  R v Grillo and Grillo. This was a claim which brought into play the "bad character" provisions in the Criminal Justice Act 2003 Part 11 Chapter 1.

The 2003 Act replaced common law rules relating to bad character evidence and essentially made a fresh start with regard to when evidence of bad character might be used at trial.  Bad character evidence of non-defendants and defendants is addressed by the Act.

Prisoner voting - Joint Committee report and also Scottish Independence Referendum

Prisoner Voting - Draft Bill:

The Parliamentary Joint Committee on the Draft Voting Eligibility (Prisoners) Bill has reported – (PDF/HTML/conclusions).  The report recommends:

...  that the Government bring forward a Bill, at the start of the 2014 -15 session of Parliament, to give legislative effect to the following conclusions:

R v Reynolds - sentencing by Mr Justice Wilkie

Crown Court at Stafford

R -v- Jamie Reynolds

Sentencing remarks of Mr Justice Wilkie

Mr Justice Wilkie has imposed a whole life term on Jamie Reynolds for the murder, on 26th may 2013, of Georgia Williams (aged 17 years 9 months).  The facts of the case are particularly disturbing and there can be little doubt that a whole life term is justified.  Nevertheless, in the light of the European Court of Human Rights judgment in Vinter v UK (Grand Chamber - 9th July 2013), an interesting point is (yet again) raised.

Having set out the facts of the case, Wilkie J referred to the Criminal Justice Act 2003 section 269 and to Schedule 21 of that Act.  He then referred to the cases of Jones [2005] EWCA Crim 3115, Mullen [2008] EWCA Crim 592, Bieber [2008] EWCA Crim 1601 - endorsed by the House of Lords in Wellington [2008] UKHL 72 and also to Oakes [2012] EWCA Crim 2435.  The learned judge said:

Assisted Suicide ~ appeals to the Supreme Court of the UK

This week, a nine judge strong Supreme Court of the UK has been hearing appeals concerning aspects of the Suicide Act 1961 section 2(1) Complicity in another's suicide Suicide.  It is perhaps the Nicklinson case which attracted the greater publicity (previous post) though, in this appeal, a Mr Lamb was also joined as an appellant.

In Nicklinson/Lamb, the issue is whether the prohibition on assisted suicide in s2(1) Suicide Act 1961 is incompatible with the appellants’ Article 8 right to respect for private and family life. If the answer is yes, the appellants argue that in order to comply with their Article 8 rights s 2(1) Suicide Act 1961 should be read as including a defence of necessity, so that it would not be unlawful for a doctor to assist, or to have assisted, in the suicide of Paul Lamb and Tony Nicklinson where they had made a voluntary, clear, settled and informed wish to end their lives but were unable to do so without medical assistance. Alternatively, if no such defence is available, they seek a declaration that s2(1) Suicide Act 1961 is incompatible with the appellants’ Article 8 rights, in so far as it prohibits assisted suicide in their circumstances.

A further appeal, being heard at the same time, is that of AM ("Martin").