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Showing posts with label Ministry of Justice. Show all posts
Showing posts with label Ministry of Justice. Show all posts

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, 10 January 2014

S11E01 - The Truth vs A Good Story


Welcome to Series 11 of Northpod Law.

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.

This week, we talk about the statistics on sentencing and how most of what you hear about them is nonsense.  We say "told ya so" about IPNAs after the House of Lords gives the Government a bloody nose.

We look at the actual findings of the Mark Duggan inquest jury (as opposed to the claptrap spouted by many a public figure this week).

We take a look through the hits and misses of the strike action (oops we used the S word) on 6th January and call out the scabs.  We can find many positives in this though.

Last but not least, Jonathan takes us on a tour of the recent decision on Gulshan in which the wheels get a bit wobbly when free-wheeling around article 8.

Links are below, folks.

Whilst we were off air:
- thanks to UKCLBP - and see their very good piece on the sentencing statistics that have been misreported everywhere.
http://ukcriminallawblog.com/2014/01/08/criminal-justice-statistics-and-politicians-talking-rubbish/ 

- IPNAs a no-no
http://www.bbc.co.uk/news/uk-politics-25648019

- Mark Duggan inquest - jury’s actual conclusions
http://dugganinquest.independent.gov.uk/docs/Jurys_Determination_and_Conclusion.pdf

- Vote of no confidence in Law Soc management - http://www.lawsociety.org.uk/news/stories/special-general-meeting-vote-results/

- 6th Jan 2014 - a partial success - sols hang heads in shame - says Bill Waddington (CLSA)
http://www.clsa.co.uk/index.php?q=And-so-the-bells-have-rung-the-old-year-out-and-the-New-Year-in.

Immigration case
Full Case: Gulshan (Article 8 – new Rules – correct approach) [2013] UKUT 640 (IAC)
 http://www.bailii.org/uk/cases/UKUT/IAC/2013/%5B2013%5D_UKUT_640_iac.html
Commentary: http://www.freemovement.org.uk/2014/01/08/gulshan-article-8-new-rules-correct-approach-2013-ukut-640-iac/#more-12059

Friday, 22 November 2013

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 were all passed unanimously which, given that there were delegates of 100% of the chambers undertaking criminal legal aid work is really saying something.

The speakers and resolutions of the day included Hannah Kinch of the Young Barristers' Association in support of the resolution that the conference resolves to support the young Bar.

The conference heard from (as will you) Jaime Hamilton and Peter Joyce in relation to the cuts in scope of legal aid and the speaking to the resolution that the conference deplores the contemptuous way in which the publically-funded Bar is treated.

Paul Harris, a solicitor representing the CLSA and LCLSA, demonstrated that the Law Society may be contemptuous of its own members' views on legal aid but the CLSA and LCLSA most definitely not.  He also talks of unity and the Criminal Lawyers United pledge which all chambers and firms should sign.

The conference heard from Michael Turner QC, Max Hill QC and Nigel Lithman QC on the politics of the battle to save legal aid and to maintain a justice system not just fit for purpose but fit for Britain.  Max Hill QC dealt with the misleading approach adopted by the Ministry of Justice over the figures and Nigel Lithman QC spoke to the resolution that VHCC work will not be accepted by the Bar or solicitors under the new proposed fee scheme.

Mark George QC (who received the only standing ovation of the day) and Russell Fraser dealt with calls for days of action when no criminal lawyers would undertake work in magistrates' courts or Crown courts.

The tanks are rolling, it seems.  Whilst we are off air, Des Hudson will find out if he will survive an historic vote of no confidence in him at the Law Society and no doubt there will be another salvo from Grayling and Co.

We will also see if the new fee scheme comes into effect on 2nd December and if anyone actually works under it.

Enjoy the next six weeks with our friends at UKCLB ad we'll be back in January.

Also, keep watching our Twitter feed for news of a possible live show in the not too distant future.

Thanks for listening!
Ben, Kirstin and Jonathan.

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

Friday, 1 November 2013

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” and victim impact statements are up to.


Home Office Fixing of Asylum Figures



Grayling on the ropes - his offer to VHCC counsel and the flat rejection of it by the CBA and the Fraud Solicitors group.




Interesting cases round-up in crime
Bristow [2013] EWCA Crim 1540 - Joint enterprise - Manslaughter
Harrod [2013] EWCA Crim 1750  - drugs - supply - death - views of victims NOT decisive.
BUT victim focus might shift after 29th October’s Victims Code  - in force from December 2013

Report from unannounced visit to Yarl’s Wood IRC - to be published soon.

Friday, 30 August 2013

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 be contacted via his chambers, Central Chambers.



We will be back in <cough> six weeks with a new series.  Series 10 is quite likely to end with a party.  What do you say?  Fancy joining us for a few sneaky drinks at a live show?  Let us know on the Twitter, Google+, email or on 0161 408 5037



Some other stories for which we did not have time this week:


Grayling turns on yet another “valued partner”. Serco this time.

...but refuses to back down on Legal Aid destruction.

Child Sexual Abuse Prevention Orders or Suspected sex offender restraining orders
Jonathan Rayner, writing in the Law Society Gazette, quotes Law Society criminal law committee chair Richard Atkinson told me: ‘It is a dangerous move to take away the requirement for a conviction to make a restrictive order, not least because the order will be interpreted as proof that you committed the offence and that you are indeed a paedophile.
‘Also, if you resort to litigation to resist the restrictions, you are effectively telling the prosecution in advance how you intend to conduct your defence – giving the prosecution two bites of the cherry.’


Also, keep a lookout for a new law-based podcast, coming soon on the Northpod network of podcasts.  Don't worry as we will add the new show to your podcast feed automatically when it's available so you don't miss out.

Friday, 9 August 2013

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 in sex with a girl or a boy- R v McNally
2. Whether you can do an act which intimidates without intimidating - R v ZN
3. What is the exact time the Defence are aware of a witness for the purpose of witness notification?
                                                                                                                            - Re Joseph Hill and Co
4. Whether the Jury need to know for what a SOPO was imposed. - Sheikh [2013] EWCA Crim 907
and
5. When is the prosecution allowed to rely on their witness being a good egg? - R v Lodge

If you'd like to view the vulnerable witness handling video please click here.

And if you're following the 13-year-old case controversy and have run out of reading matter you might find some new stuff in this lot:

News articles:


CPS guidance:


Pressure Group against “ostensible consent” as a concept: http://yhndm.co.uk/Main/why-children-can-t-consent.html

Thursday, 25 July 2013

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 and pornography and what can and ought to be done to prevent them viewing it.  This is in light of government proposals leaked to the BBC to have the parental controls "default on."

In other news: the effects of cuts on the listing system and a big, "well done to Serco and G4S" for allegedly providing Chris Grayling with a real cost saving scheme.  They can just stop over-charging him according to the Lord Chancellor.

Congratulations to Tony Cross QC who will be the 1st Chair of the Criminal Bar Association to not come from a London Set and to Alison Saunders who will be the 1st DPP to be selected from the CPS's own ranks.

NorthPod Law.  It's all about firsts.

Tuesday, 28 May 2013

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.

See you in 6 weeks!

p.s. - sorry about the slightly odd ending and the reference to Jo Sidhu as John Sidhu.  It was a late night.

Friday, 24 May 2013

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 to put the Government's point of view to the professions and members of the general public. Jonathan Holt was dispatched to cover the Manchester version.  Speakers making points against included solicitor Robert Lizar and Pete Weatherby QC.

And finally we travelled South into the Big Smoke to witness the funeral of Lady Justice and to attend her wake at the Justice for Sale meeting in Westminster.  Thanks to the CLSA for providing us with part one of the soundtrack to the meeting - hoping part 2 is in the post as promised.

There should be a further show just to complete the highlights but in case part 2 is lost in the post you can find the unedited recording of the meeting on the CLSA website (as soon as they post it).


See you in 6 weeks, but keep an eye out on this site or on (the) twitter in case of specials.
 

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