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

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.