S13E02 - Historic Sexual Offences

Have a listen to this week's show right here.

In the light of the recent verdicts and sentence in Rolph Harris' case, Kirstin goes through the Sexual Offences Act 1956, looking at what offences are contained in it and how amendments have affected the law.
Given that we are on the subject of how the law changes over the years and that retrospective legislation is dangerous territory, we thought it would be worthwhile to take a peek at the decision of the High Court in Reilly (No.2) as the Government gets a bloody nose for playing dirty with JSA claimants.

Both hefty legal matters this week so next week we will hopefully be being chatty on the subject of experts and looking at our postbag from the CPS, MoJ and Home Office.  Doesn't look like fan mail....

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.

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

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

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 and look at two Immigration Law cases implimenting the ruling in Zambrano.

Update on the so-called “sexual predator” case

http://www.theguardian.com/uk-news/2013/aug/12/paedophile-victim-predatory-sentence-increased

No Prison for Pilferers

http://www.independent.co.uk/news/uk/crime/convicted-thieves-and-fraudsters-should-be-spared-jail-says-law-professor-andrew-ashworth-8760388.html

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/theft_general/

http://d19ylpo4aovc7m.cloudfront.net/fileadmin/howard_league/user/online_publications/What_if_imprisonment_were_abolished_web.pdf

http://www.howardleague.org/what-if-property-offences/

Stoke reward shoplifters with food vouchers

http://www.dailymail.co.uk/news/article-2389224/Shoplifters-rewarded-food-vouchers-caught-stealing.html

http://www.bbc.co.uk/news/uk-england-stoke-staffordshire-23654802

Magistrates to get a power-up - but where will they use it?
http://www.lawgazette.co.uk/news/government-propose-new-custodial-powers-magistrates#comment-35244
http://www.lawgazette.co.uk/news/doubts-over-moj-s-savings-target

MA and SM (Zambrano: EU children outside EU) Iran [2013] UKUT 00380 (IAC)

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:

http://www.romfordrecorder.co.uk/news/crime-court/schoolgirl_13_branded_sexual_predator_by_judge_who_spared_romford_paedophile_jail_1_2321573

http://www.independent.co.uk/news/uk/crime/judge-calls-victim-13-a-sexual-predator-outcry-as-41yearold-man-walks-free-after-admitting-sex-with-girl-8748494.html

http://www.theguardian.com/law/2013/aug/07/barrister-victim-predatory-criticised-dpp

CPS guidance:

https://www.cps.gov.uk/consultations/csa_consultation_summary.html

http://www.cps.gov.uk/legal/d_to_g/derogatory_or_defamatory_mitigation/#a06

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