S10E06 - Rallying The Troops

Listen to the show here. This week we have ventured down South with the rest of the Bar to attend the Criminal Bar Association's conference to fight for the Criminal Justice System and for the very future of the Independent Criminal Bar. We have plucked out some highlights of what was a lively event featuring some of the best advocates of the cause.  This episode is slightly longer than usual but we thought you might appreciate hearing what you missed if you were not able to be there. You may have gathered that the resolutions proposed at this event...

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...

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...

S10E03 - All Trick, No Treat

No Kirstin this week as she is being bombarded by trick or treaters but Ben’s back and Jonathan is here as always. Have a listen to this week’s show for a pretty comprehensive round-up of the big stories that have been in the legal news this week. Whether it’s TV cameras in the Court of Appeal, the Home Office on the fiddle (allegedly!), another bloody-nose for Failing Grayling or the Government getting a ticking-off for spending your money on pointless legal challenges, it’s all here. In addition, we have a bit of an update on where “joint enterprise”...

S10E02 - Government, Go Home!

Listen here! This week both Ben and Kirstin are on holiday.  Ben is not within reach of the Twitter or the Google so despite Kirstin being in the midst of building work she dusts herself off and valiantly gets on with it. For once bringing you what was promised last week. First up is the government getting a bit of a dressing down by the ASA over it's "Go Home" van - although it could have been worse. Then Kirstin goes through the Prevention of Social Housing Fraud Act 2013.  When is subletting a criminal offence? Then regular...

S10E01 - It's Not Fair!

Episode one of series 10, eh? Well life's not fair but at least you can listen here and know that your glass half empty view of the world is actually fully justifiable. First up on the it's not fair index is having to spend forever behind bars because you can't afford to pay the ever increasing interest payments of the loan shark government.  Ben looks at unforeseen consequences of POCA legislation as discussed in the case of R v Gibson. Then Kirstin looks at the guidelines for prosecutors of child sex abuse cases, holding her head in her hands...

New Series Starts Next Week!

We have been off air for 6 weeks and those lovely people over at UK Criminal Law Blog have been filling your ears with interesting information on the Baby P case, politics, child abuse cases and all sorts. Whilst we have been off-air, Kirstin has been talking to the MMU Critical Lawyers about anonymity in sex cases - our old friend  She's even been bothering the Beeb's viewers on the subject.  And BBC 5Live.  Such a media-tart! Ben has been working and trying to keep his sanity as builders have descended on his home to replace the bathroom.  Quite probably some litigation...

Whilst we are off-air....

For the six weeks when we are living the high life and not recording Northpod Law, we are really pleased to announce that those lovely people at UK Criminal Law Blog (most of whom have been on the show at some point or another) will be giving you six weeks of their take on the big crime stories in the press. Your iTunes, Pocketcast etc feed will update automatically so don't freak out when you see a new logo appear in your podcasts! We'll be back in six weeks so we'll leave you in their hands for now....

S09E06 - Forced Marriages

A cake and bourbon show with no cake.  Or bourbon.  Or Ben.  Or Jonathan. What we do have though is an in depth look at the work of the family courts of England and Wales with a particular focus on the increasingly common issue of forced marriages. Have a listen right here. Joining Kirstin this week (actually in Podcast Towers for a change!) is Joseph Lynch.  He is a family law specialist whose work mainly involves public law cases - where a local authority is seeking to remove the child from the custody of the parents. Joe can...

S09E05 - A Conventional Episode

Two conventions this week - the Hague and the Refugee.  You can listen here. Jonathan Holt and Dan Bunting discuss s.31 of the Immigration and Asylum Act 1999 which gives special criminal defences to asylum seekers. You can follow Dan and his musings at Dan Bunting a life in the bus lane.  uk criminal law blog and of course, on the Twitter @danbunting. The case that sparked the discussion is here Then we go on to discuss In the Matter of an application by Her Majesty's Solicitor General for the committal to prison of Jennifer Marie Jones for alleged...

S09E04 - Sticky Fingers

Listen here! This week Ben,Kirstin and Jonathan are joined by the lovely Lyndon Harris, barrister, blogger and Banks on Sentencing editor. Our discussion is all about imaginative approaches to theft offences.  First we look at Professor Andrew Ashworth's Howard League paper which suggests that Theft should not incur a prison sentence, then Lyndon gives broad support to the idea of giving shop-lifters food vouchers.  Jonathan Holt considers proposals for making Magistrates impose more custodial sentences and worries about the demise of more and more Magistrates' courts in which to issue those sentences. Finally we turn away from Criminal Law...

S09E03 - Mind Your Language?

This week's show (listen here) is brought to you courtesy of predatory comments made at Snaresbrook Crown Court and via Blackstones Criminal Law July Updater. Ben talks to Kate Hammond, former CPS Crown Advocate and to Keith Jones, both Barristers in Private Practice at Central Chambers in Manchester. They discuss the recent and much publicised use of the term "sexual predator" by Prosecuting Counsel, in relation to a 13-year-old victim. Kirstin joins Ben then to go through some interesting cases with differing bizarreness rating.  We answer the questions: 1. Whether it matters if you thought you were indulging...

S09E02 Causation, Contempt, Confiscation

You can listen to the episode here.  Note there is some swearing in this episode. This week we let Jonathan Holt out of the dungeon and we discuss a host of case law. First up is the current news favourite AG v Davey and AG v Beard 2 jurors found guilty of contempt of court via Facebook and internet research. Then we look at who can and cannot bring committal proceedings against those in breach of Forced Marriage Prevention Orders with a recent High Court Case. Ben runs us through some confiscation cases R v Sale and R v...

S09E01 - "Oh you can tell by the way I use my walk..."

Welcome back!  You can listen here. Last series it was Jonathan Holt in a cell in Thailand.  This series it's Ben Knight involved in diamond smuggling - honestly is there only me left as a law abiding legal type? We kick the series off with the topic of gait identification - if it walks like a duck is apparently enough now.  We talk about why a podiatrist is likely to qualify as an expert and give practical tips on how you challenge the evidence if you have to We also have a bit of a row about children...

S08 E06.02 - Marches and Meeetings Part 2

Listen Here As promised, here is the 2nd part of our coverage from the Justice for Sale meeting in Westminster last week.  We hope it inspires you to put pen to paper and to respond to the consultation paper.  It doesn't matter whether or not you are a lawyer - this effects everyone. If you want to listen to the edited speeches in full or to hear the wonderful questions and answers session, including an especial emphasis on Wales then you can do so at the CLSA website.  Many thanks again to them for providing us with the raw audio....

S08E06 - Marches and Meetings

Click here to listen to the show. The usual up-beat mood of the end of term episode is somewhat lost this series as the MoJ proposals hang over the immediate future of the Criminal Law Professions and over the medium term future of the rest of the Legal System. This week the team go a-roving as 400 Lawyers take to the streets of Manchester to protest over the cuts to Legal Aid.  The March was organised by Parents for Real Justice in response to Chris Grayling's proposals. On the same day, in Manchester and Liverpool, the MoJ held roadshows...

S08E05 - Legally Speaking

Click here to listen to the show. On this week's show, we look into the use of interpreters in courts and police stations and find out why a Ministry of Justice contract with Applied Language Solutions Ltd (now known as Capita Translation and Interpreting Ltd) is causing concern for interpreters, courts and parties to proceedings. We speak with Mirela Watson, a Romanian interpreter with over a decade of experience and qualifications, about what is wrong with the present system and where the dangers lie. If you want to read the BBC article about the Snaresbrook case, it is...

S08E04 - The Queen's Speech

Here's the show It's all a bit political this week as Ben and Kirstin and regular contributor Jonathan Holt discuss what the Queen's Speech contained for Lawyers. Jonathan worries about the implications of the proposed immigration bill.  Ben worries about the implications of the Antisocial Behaviour, Crime and Policing Bill and Kirstin just worries... Thanks to the BBC for the easy-reading summary, saving us from producing one - our listeners can find it with it's helpful extra links... here....

S08E03 - The Big Round-Up

Here's the show. On this week's show, we are back in our little group of three and all actually recording the show together for the first time this series. As we have been rather preoccupied with matters of legal aid and criminal law, we thought we have a bit of immigration and a bit of civil law this week. Oh, and a little about legal aid and crime. KB looks at an interesting case in the Court of Protection. BK considers the implications of the Bash a Burglar law otherwise known as s.43 Crime and Courts Act 2013 JH...

Maura McGowan and MoJ Consultation Paper

In a very busy week for Criminal Lawyers, Kirstin talks to Maura McGowan QC, Chairman of the Bar Council about her role, Christopher Grayling's proposals and her view on direct action.   Ben tells us about the Meeting of the Northern Circuit and roving reporter Jonathan Holt roves once more to talk to Michael Turner QC, Chairman of the CBA . Listen by clicking here....