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Showing posts with label sex. Show all posts
Showing posts with label sex. Show all posts

Tuesday, 17 May 2016

Sexual Communications - 17/05/16

Listen to this week's show right here.

This week, Kirstin examines the little heard of s.67 of the Serious Crime Act 2015 which creates a new offence of sexual communication with a child.  

What is it?
What does it cover?
What does the Crown have to prove?
What's the maximum sentence?
And the perennial Northpod Law favourite, "Couldn't you just use the offences already on the statute books?"  

Actually, that last one might have a bit of a surprising answer - although no doubt Ben wouldn't agree.​

Let us know if you like the new "Bites" format (shorter and with less wine and cake) or if you are longing for a return to our longer format. If you are a law student, we'd be really grateful if you would spread the news of our show's return around your law school friends. Also, get in touch. We'd love to hear from you.

PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words.  We'd be e'er so obliged.  It helps us get up the search rankings, ya see.  If you use iTunes, please click here and it'll take just seconds!

Friday, 11 July 2014

S13E03 - Expert Evidence, Unreliable Evidence and Fresh Evidence

Listen to this week's show right here.

We have talked about expert witnesses many times over the past 12 series but we have seldom explored exactly what an "expert witness" is, what they do, to whom they are accountable, how they are regulated and how they come to be involved in cases.  


This week, we fix that by catching-up with Glen Siddall of Aequitas Forensics, Manchester.  Glen is an expert in digital forensics and he is instructed by "both sides" in criminal proceedings.  We ask him about his work and about recent changes in the world of the expert witness and about hacking Richard Bacon's iPhone.

We also talk to Glen about the recent BBC documentary, Panorama - Justice For Sale?  Did the programme accurately reflect his experience of being an expert and does he agree with the conclusions of the journalist and of Timothy Dutton QC, former Chair of the Bar about future regulation?

In the news this week, fresh evidence appeals.  We record on the day after a man walks free after being wrongly-convicted of raping his wife multiple times.  Fresh evidence emerged that the complainant (who still cannot be named) had lied about the rape, had talked about lying in advance of the trial and seemingly boasted about lying after the event.  This is the nightmare scenario that, whilst certainly rare, we would prefer to think never happens.  He had been sentenced to 9 years for each count but this was increased to 13 years by the Court of Appeal, following an Attorney-General's Reference.

With that and other matters in our minds, we look at what the Court of Appeal has recently said about fresh evidence and we'll consider whether its approach is consistent.

A little bit of Freedom of Information too, this week.  We heard that the CPS was using unpaid students to prepare cases in one of its offices.  We asked if this could possibly be true.  They answered our FOI request.  Is the answer surprising or not?


PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we start this series, to give us some stars and a few kind words.  We'd be e'er so obliged.  It helps us get up the search rankings, ya see.  If you use iTunes, please click here and it'll take just seconds!
Feeding BritCaster.com

Friday, 18 April 2014

S12E03 - A Rare Thing Indeed!

On this week's show, which you can hear by clicking here, we are joined by lap-dancer-turned-law-student, Vanessa Knowles to talk about how a law student making good money from being very visible online might encounter problems in a future career.  It turns out things are not as bleak as you might think.

We talk about how not to deal with the Court of Appeal when it comes to having a pop at a client's previous lawyers and how the Court uses its rarely-wielded power to dismiss a case without a hearing of any sort.

We look at a rarely-used power to have a witness deposed - US-style!  Is it about to be used more often after being on the statute books for many years?

We also take a look at the Legal Aid position in relation to awkward forensic experts holding on to evidence until a fee is paid by defence lawyers.  No spoilers, but it turns out that things are not quite as they seem.

All of that and we have a quick glance at the sad plight of Nigel Evans MP, the PDS and Nick "Mr Loophole" Freeman.

Check out the links below for the sources used and for additional material we thought you might like to read.

Have a good Easter break.

The links:


No charge allowed for prosecution expert labs to show all to the defence - Keith Borer Consultants make a FOI request to the Forensic Regulator.



You have an appointment to be deposed!



£3,000 for a splinter in the bum.

Law student stripper
http://www.independent.co.uk/student/news/as-many-as-a-third-of-women-strippers-are-students-trying-to-pay-for-their-education-9158808.html

and for lawyers already working at the CPS:
and those BPP boys are in demand (or they were before the agency went belly-up):
In case you’re wondering what that test is for solicitors, here it is: http://www.sra.org.uk/solicitors/handbook/suitabilitytest/content.page


Twitter coverage


The PDS


Nick Freeman and the ASA. 

Thursday, 16 January 2014

S11E02 - Filth, Filthy Behaviour and Filthy Lucre

You can listen to show by clicking right here but, of course, we'd prefer that you subscribed on iTunes or via Google Play Store or via any good podcatcher app on your phone/tablet.  Ben from Northpod Law particularly recommends this one for Android and iOS.
On this week's show, we take you through the details of the Sexual Offences Guidelines on sentencing.  We consider not only the mechanics of the guidelines for rape and assault by penetration but also the reasoning behind some of the changes.  The link to the guidelines is below.
Jonathan takes a look at the case that made the CPS cringe this week.  Did cost considerations really lead to the CPS binning at trial?  The full text is below.
The CBA meet with Grayling and it does not look good.
Andrew Neil meets with Grayling and makes him look a fool.  Turns out ministerial responsibility is a principle no longer appreciated by the Lord Chancellor.  Thanks to the BBC for the clip.
And a whole pile of other news stories that caught our eye but for which we had no time left.  Lots to get through in the links below.

Links






Lies, Damned Lies and Statistics:
1. Grayling admits that the barristers’ earnings figures published out of nowhere last week were not an accurate reflection of the actual earnings but says that, even though his department published the stats, he could not be responsible for it.  This was during interview on Sunday Politics with Andrew Neil.


2. Law Society says that the drop in crime, year on year, will save £80m in legal aid by 2019 so no cuts are needed.
But it’s a bit undermined by its own preamble: Top of page 6
'The MoJ and LAA have been extremely helpful in supporting this work. However the LAA’s forecasting model draws on a number of datasets and assumptions that are not publically available. Without first-hand access to the LAA model or the confidential datasets, it has not been possible fully to recreate the LAA’s forecast for future years. The criminal Legal Aid expenditure forecast generated  by our model cannot therefore be directly compared to the LAA’s figures in any given year.'
and the MoJ told the Gazette:
‘This forecast is far less accurate than our own. Last year our forecast was correct to within 1%, whereas if we had used Oxford Economics analysis, we would have repeatedly overspent our legal aid litigation budget in the past few years.’ - interesting based upon Grayling’s view of the Ministry’s ability with figures...


3. A few days later, tory-rag the Daily Mail trumpets that that MoJ’s crime figures are wrong and that crime is not falling at all - therefore the Law Society’s argument must be wrong too.  Will May and the police get thrown on to the sacrificial bonfire by Grayling to continue his hate campaign against legal aid lawyers?  


4. 140 fewer courts but still the same costs for security?  Law Soc Gaz gets all FOI on the MoJ and reveals some odd answers:


5. What cost injustice?  This is devastating to the CPS.
JD: A summary of the highly pertinent info (yes, that’s 1.2 million):


Crown Prosecution Service

  Mar03
418,961
  Mar04
160,606
  Mar05
146,998
  Mar06
153,878
  Mar07
403,358
  Mar08
751,538
  Mar09
652,766
  Mar10
907,061
  Mar11
1,547,874
  Mar12
384,682
  Mar13
1,202,515



Some interesting stats on interpreters at court.  
vs.
In response to our request for comment from Geoffrey Buckingham
Chairman, APCI, he said “you may like to see the APCI FB page (link below) which has a comment;
"MoJ COURT INTERPRETING STATISTICS


The MoJ has published statistics for the performance of the Framework Agreement. They have done their best to dress it up, but you know that old saying about lipstick and bulldogs? Well they've gone a step further and put a dress and hat on it."
There is rather more considered comment and analysis to come on their website: http://www.apciinterpreters.org.uk/


Family courts clogged


But Law Society thinks that it has spotted a problem.  Fee-charging McKenzie friends trying to make money by plugging the gap left by legal aid cuts (especially in family law): http://www.lawsociety.org.uk/news/stories/case-studies-on-fee-charging-mckenzie-friends/


Cops want to stop locking kids up in Greater Manchester


On the subject of locking up kids, this is often the subject of coroners’ Prevention of Future Deaths reports (or “Rule 43 reports” as they used to be known).  These have just started to be made available online.  Good news for transparency and for research.


Friday, 15 November 2013

S10E05 - Getting Away With It


Have a listen here.

We've got everything from worship by cannabis to esoteric legal points here.

First - yes we're serious we have cannabis sacrifice -  a couple found not guilty on the basis that their cultivation crop was not for supply but for burning to honour Shiva.
2 takes on the same story:  Russian Times and Daily Mail

Then Ben explains for any Home Office flunkies listening, how the law works and relates to everybody, foreign or not.


Kirstin finds two cases for legal complexities junkies - read them yourselves they might be easier to follow!

An interesting defence that worked:
http://rt.com/news/cannabis-shiva-sacrifice-burn-540/
http://www.dailymail.co.uk/news/article-2499598/Cannabis-growers-cleared-dealing-saying-Hindu-god-Shiva.html

Foreign sex-offender gets damages for being held too long:
The story causing people to go nuts: http://www.bbc.co.uk/news/uk-24917755
The actual decision of the court:
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2013/1378.html&query=saleh&method=boolean


The importance of time on “qualifying tag”:
Two things to remember:
1. The provisions under CJA 2003 in relation to time spent on remand are mandatory - even if you have a clever argument.
2.  Time spent on tag is not automatically taken into consideration and the timetable to sort it out will be adhered to from now on.  Counsel beware.
http://www.bailii.org/ew/cases/EWCA/Crim/2013/1994.html

R v Stocker
http://www.bailii.org/ew/cases/EWCA/Crim/2013/1993.html


Report by NAO into MoJ reliance upon G4S and similar (or “Bears defecate in wooded areas”):
http://www.lawgazette.co.uk/practice/ministry-of-justice-relationship-with-outsourcers-under-scrutiny/5038715.article
Original report and executive summary here: http://www.nao.org.uk/report/memorandum-role-major-contractors-delivery-public-services/

So it begins. .. fraud vhcc likely to be derailed
http://www.theguardian.com/law/2013/nov/14/fraud-trial-threatened-barristers-reduced-rate 


The Judicial Office is seeking views on the following areas:
- How the CJC/FJC functions should be delivered  Civil justice council and family JC
- Whether the bodies should be abolished
- If the functions could be moved to the Ministry of Justice
- Whether they should be delivered by the voluntary or private sector or by a new executive agency
- Should they remain arm’s length bodies
The deadline for responses is 5pm on 25 November. The email addresses are: cjcreview@judiciary.gsi.gov.uk and: fjcreview@judiciary.gsi.gov.uk.

Grayling purposes an end to multiple cautions but the clue is in the word "simple" perhaps:
http://www.telegraph.co.uk/news/uknews/crime/10447936/Ban-on-police-cautions-for-repeat-offenders.html

Thursday, 7 November 2013

S10E04 - Back-pats and Knock-backs



Listen to the show right here.

This week, we are taking a look at how the Probation Service are doing when it comes to looking after victims of crime when an offender is coming up for release. The MoJ thinks it's all pretty good but the report is not exactly a clean bill of health.

The High Court has to get stuck in to the issue of access to a solicitor when you are arrested in relation to terrorism.

Kirstin takes us through the objective and subjective elements of self-defence when the defendant believes that he was being threatened by evil spirits.

We take a whistlestop look at how finding money lying around might be a good thing but handing it in to police is unlikely to get you anywhere.

What happens when the prosecution appeals against a decision at Crown Court to kick a case out at half-time? Listen and learn.

All that in a jam-packed show this week.

We are very grateful to Ash Raveendran for her help on this week's show. She's out there looking for pupillage, you know...



Links

Probation Service is doing just fine with Victim Contact.


Terror law suspects must have access to solicitor at any time, High Court rules.

Defendant appealing against conviction – Whether insanely held delusion on part of defendant being attacked or threatened causing him to respond violently entitling him to acquittal on basis of reasonable self-defence.

No such thing as free money.

Successful pros appeal against finding of no case to answer.

Other stuff:

What lawyers are (not) doing in their bedrooms:

NAPO announcement of intention to work to rule:

 

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