Done Over By Do-Overs? - 17/04/16

In this week's show, we take a look at what happens when juries cannot reach a verdict. Take a listen right here. 

Many people, especially defendants, are quite horrified when they find out that the prosecution can decide whether it wants to have not just a second attempt but, sometimes, a third attempt!

In this episode, we consider what the "sometimes" above actually means. 

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!

S14E04 - Running Late, Sounding Adequate

The episode that might never have happened is finally here.  You can listen right here.

What with Ben being incapacitated, Kirstin being snowed-under and Jonathan having been abducted by aliens (some of this may not be true), a big dent has been made on our otherwise reliable schedule.  We apologise unreservedly.

In this week's show, we have a look at R v Creathorne - an interesting case in which the question of how much credit ought to be given for a plea of guilty where the CPS hasn't handed-over the evidence at the time of the first hearing in the Crown Court.  This is crucial listening for lawyers and, just as much, for judges.

Whilst bemoaning the CPS's failures in the service of papers, we congratulate them on a bit of sensible legal commentary on the subject of the need for new laws.

Also, we look at judicial diversity and Kirstin takes a sideways look at a rather peculiar case from US Supreme Court about beards.

Please enjoy and we hope normal service will be resumed this week.

Links:
https://www.crimeline.info/uploads/cases/2014/2014ewcacrim500.pdf

http://www.usatoday.com/story/news/nation/2014/10/07/supreme-court-religion-prisoner-beard/16856023/

http://www.theguardian.com/law/2014/oct/07/supreme-court-beard-hearing-justice-jokes-religious-rights

http://www.telegraph.co.uk/news/uknews/crime/11143699/Revenge-pornography-can-and-will-be-prosecuted-vow-CPS-lawyers.html


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!

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

S12E06 - The Results Are In...

The cake and bourbon show is upon us again.  Our 72nd episode can be heard right here.

In this week's show, we take a look at Sir Bill Jeffrey's review of independent criminal advocacy in England and Wales.  It may be reopening an old front in the war between barristers and HCAs but the conclusions give considerable grounds for taking stock of the effects of all the reforms over the last 10 years.  They also present a potentially chilling view of the future for anyone who fears change.  Find the full report in the links below - along with the responses by the Bar Council and Law Society.

The Land Registry might be next in terms of selling the family silver - at the very least, there are problems with the reform plans for the Keepers of the Plans.

A pretty important costs case which confirms that the CPS and police cannot just blame each other to avoid costs orders and, more importantly, SNAFU is not a defence and neither is simple mistake.  You're going to want to bookmark this one.  The link is polite.

We also take a quick scoot the rest of this week's legal news and a couple of other cases.  Take a listen and find the links below.

PLEASE RATE/REVIEW US: wherever you subscribe, please take two seconds as we come to the end of 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.


LINKS:

The review of independent criminal advocacy in England and Wales by Sir Bill Jeffrey has been published.
http://www.justice.gov.uk/downloads/about/jeffrey-review/jeffrey-review-criminal-advocacy.pdf
Bar Council response: http://www.barcouncil.org.uk/media-centre/news-and-press-releases/2014/may/bar-council-to-consider-jeffrey-report-into-criminal-advocacy
Law Society response: http://www.lawsociety.org.uk/news/press-releases/law-society-responds-to-jeffrey-report-on-criminal-advocacy/

Land Registry
http://www.lawgazette.co.uk/practice/legal-action-threat-over-land-registry-plan/5041123.article

R (ex. p. Singh v Ealing Mags and CPS)
http://www.bailii.org/ew/cases/EWHC/Admin/2014/1443.html

4 in 10 lawyers suggest you look elsewhere for a career… but who was asked?
http://www.lawgazette.co.uk/practice/dont-choose-law-as-career-say-4-in-10-lawyers/5041120.article 

Biometric data and crime report case:
http://www.bailii.org/ew/cases/EWCA/Civ/2014/585.html

Prison Governors’ Association say it’s getting to “tipping point” as Grayling carries on regardless.
http://www.politics.co.uk/news/2014/05/07/prison-governors-grayling-s-regime-is-driving-us-to-tipping

Apple v Samsung - the results are in.  Kinda:
http://www.claimsjournal.com/news/national/2014/05/05/248430.htm
http://bgr.com/2014/04/23/2014-apple-vs-samsung-lawsuit-google/


Johnny Foreigner to be denied legal aid by Lord Chancellor - but is he relying on nonsense figures?  Never!  (But even the press can’t decide if it’s £3m or £10m):
http://www.telegraph.co.uk/news/politics/10812723/No-more-legal-aid-for-foreigners-to-sue-MoD-says-Chris-Grayling.html
Or a more balanced piece from the Daily Mail (!?!?)
http://www.dailymail.co.uk/news/article-2621672/War-crimes-lawyers-specialise-suing-serving-soliders-received-10MILLION-legal-aid-three-years.html

AND FINALLY…
A bit of fun: Personal Injury and the ambulance-chasers of yesteryear.  Aviva’s archives of claims reveal that we were a compo-culture country long before the Yanks got involved!
http://injuryclaimsnationwide.co.uk/article/history-of-injury-claim?src=tab

That’s a wrap for series 12

S12E04 - All Change! No Change!

On this week's show, which you can listen to by clicking these very words, Ben and Kirstin talk their way through the so-called "revolution" in the family courts.

It is something of an oddity that reforms that actually do very little in terms of changing the status quo and, instead, assume that lawyers have been doing it wrong for all of this time, should be heralded as a "revolution" by a political judge.  Check out the government hype in the links below.

Not content with having a pop at the President of the Family Division's self-congratulation, Ben finds the High Court utterly objectionable as it gives a litigant in person a raw deal and seems to object to justice being done.

Knife crime guidelines get the sharp tongue of Kirstin as we celebrate another Court of Appeal decision that is a little lacking in purpose.

In addition, we have a little look at the cost of getting judicial review wrong - or rather, not turning to the silver bullet that is ADR.

Yes, you may be able to tell that we are feeling more than a little snarky this week.  It might pass.  It might not.

Links:

Law students in divorce courts and putting the children first.
Sir James Munby’s Oscar Speech: http://flba.co.uk/wp-content/uploads/2014/04/2014view11-2.doc.docx
http://www.dailymail.co.uk/news/article-2610014/Law-students-drafted-help-resolve-divorce-cases-shake-family-justice-system.html
http://www.huffingtonpost.co.uk/2014/04/23/law-studentstrusted-counselling-divorcing-couples_n_5197804.html
http://www.adjacentgovernment.co.uk/local-government-news/family-justice-reforms-put-childrens-need-first/
http://www.tayloremmet.co.uk/blogs/new-family-court/
THINK OF THE CHILDREN (or “How to use children to push a government austerity agenda" video): https://www.youtube.com/watch?v=XA99gui758I
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/217343/family-justice-review-final-report.pdf

Knife crime guidance.
http://www.bailii.org/ew/cases/EWCA/Crim/2014/747.html

The cost of getting it wrong: http://www.bailii.org/ew/cases/EWHC/Admin/2014/11l97.html

Medical excuses and litigants in person getting steamrollered.
http://www.bailii.org/ew/cases/EWHC/Admin/2012/332.html

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.

http://www.keithborer.co.uk/uploads/assets/files/KBC%20April%202014%20Newsletter%20E&W.pdf

https://www.whatdotheyknow.com/request/171649/response/425409/attach/html/3/84617%20Final%20response.pdf.html

You have an appointment to be deposed!

http://northpod.openshadow.com/asset_docs/Power%20of%20justice%20to%20take%20depositions.pdf

R v Achogbuo http://www.bailii.org/ew/cases/EWCA/Crim/2014/567.html http://www.legislation.gov.uk/ukpga/1968/19/pdfs/ukpga_19680019_en.pdf

£3,000 for a splinter in the bum.

http://www.dailymail.co.uk/news/article-2606125/Parents-sue-school-3-000-seven-year-old-son-got-splinter-sat-wooden-bench.html

Croydon Guardian tells it slightly differently again: http://www.croydonguardian.co.uk/news/11148736.Boy_with_sore_bottom_wins_payout_after_school_bench_gives_him_painful_splinter/

Law student stripper

http://www.dailymail.co.uk/femail/article-2605809/Lap-dancing-webcam-work-teach-transferable-legal-skills-Law-student-set-scoop-funds-degree-stripping-online-earns-50k-year-it.html

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:

http://www.telegraph.co.uk/news/newstopics/howaboutthat/2463005/CPS-lawyer-works-as-nude-model-while-on-sick-leave.html

and those BPP boys are in demand (or they were before the agency went belly-up):

http://www.rollonfriday.com/Blogs/ReadBlog/tabid/144/id/25891/Default.aspx

In case you’re wondering what that test is for solicitors, here it is: http://www.sra.org.uk/solicitors/handbook/suitabilitytest/content.page

“More rigorous tests to be applied by CPS and police says Scotland Yard Chief” http://www.dailymail.co.uk/news/article-2606080/Historic-sex-abuse-allegations-subject-stricter-tests-prosecutions-says-Scotland-Yard-chief.html

Twitter coverage

https://storify.com/anyapalmer/a-tax-on-innocence

The PDS

http://www.lawgazette.co.uk/practice/public-defender-service-hires-11-advocates/5040880.article

Nick Freeman and the ASA. 

http://www.lawgazette.co.uk/5040872.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ160414