S13E01 - Let's Look At That Again

We are back for Series 13 (!) of the podcast and we are raring to go with some law this week.  Many thanks to the good folks at UK Criminal Law Blog Podcast and thanks again to Lyndon Harris for having both Kirstin and Ben on this series.  

As always, you can hear this week's show by clicking here.

Also, 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.

And now, on with the show notes:

When can the Attorney-General have the CA review a sentence?

We often talk of defence appeals but if the AG thinks that a sentence is passed he can refer it to the CA (with leave) but only in some cases.  

What are they? - The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 amending Part IV of the CJA 1988.  

Recent addition? - CJA 1988 (Reviews of Sentencing)(Amendments) Order 2014 {IN FORCE 21st July but laid before Parliament today}

Thoughts on why we have that system? Is it only sentences or can the Crown have another pop at conviction when they fail the first time?

Why only certain offences?

Searching questions

Sweeney -v- Westminster Magistrates’ Court and London Regional Asset Recovery Team and Environment Agency 2014 EWHC 2068

Experts and their duties

The BBC’s Panorama recently covered the behaviour of expert witnesses to criminal proceedings.

S12E02 - The New Way(a)

The Way(a) to listen is to click here!

Enough with the awful title and dreadful pun - is it a pun?  This week we transport you to the sunny shores of Cape Town via a fascinating interview with barrister David Pojur, telling us all about the legal system that's currently trying Oscar Pistorius.

We come closer to home although no further from scandalous trials to look at the Nigel Evans trial in Preston.  Ben's promised link to the Code for Crown Prosecutors is here.

Kirstin discusses Re G a family case with wider importance to absent fathers and Ben tells you why the glimmer of hope we had in POCA cases turns out to be fools gold due to R v King whilst Jonathan saves the day with some good news and a quote from Simon Spence QC.

We urge you to reply to the BSB consultation - Possibly the most important thing you will do this year.

If you would like to know more about Legal Hack Minnesota you can find out here. We do hope they're going to come and tell us more in person.

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.

http://www.justice.gov.uk/downloads/publications/inspectorate-reports/hmiprobation/joint-thematic/victim-contact-report.pdf

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

http://www.lawgazette.co.uk/law/terror-suspects-entitled-to-solicitor/5038611.article

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.

http://www.lawgazette.co.uk/law/law-reports/criminal-law/5038442.article

No such thing as free money.

Steven Fletcher -and- CC of Leicestershire Constabulary [2013] EWHC 3357 (Admin)

Successful pros appeal against finding of no case to answer.

R v Bor [2013] EWCA Crim 1916

Other stuff:

What lawyers are (not) doing in their bedrooms:

http://www.standard.co.uk/lifestyle/london-life/london-lawyers-are-spicing-up-their-love-lives-and-george-clooney-is-following-suit-8926112.html

NAPO announcement of intention to work to rule:

http://www.napo.org.uk/about/news/news.cfm/newsid/318

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 for the most part that the prosecution need guidelines to tell them to do what they should already be doing. (Although there are some creditable bits too).

Jonathan joins us to hold his head in his hands about IPNAs and CBOs - You'll just have to listen if you don't know what these are but be afraid.

We recognise there are new offences of subletting a council house - more next week perhaps.

And finally, we salute His Honour Justice Holman and Bar Council Chairman Maura McGowan for telling it like it is.  You can read along with us here and here.