Law and Rights
It has been announced that the M.P.s charged in relation to their expenses claim will receive legal aid to pay for their defence - see Daily Mail 13th April. Law and Lawyers has posted on this case before - see here. Certain media headlines stated that M.P.s who claim to be "above the law" receive legal aid. That is incorrect since the Bill of Rights and Parliamentary Privilege are part of the law.
The cuts in legal aid for criminal cases brought in by the Labour Government are severe. Legal Representation in Magistrates' Courts is only provided if the defendant passes a means test AND the case passes the interests of justice test. The introduction of means testing in Magistrates' Courts took place in October 2006 and was a reversal of government policy which has resulted in many having to appear before magistrates unrepresented. In the first half of 2010, means testing is being introduced into the Crown Court. Strictly speaking there is only ONE Crown Court for England and Wales though it sits in different locations but means testing is being introduced according to a "roll out" plan which may be seen at Legal Services Commission. It will not apply to London until 28th June. That is convenient for these MPs who are being tried by the Crown Court sitting at Southwark. This method of introducing means testing appears to be particularly unfair.
- Lord Greville Janner ~ Procedure In Criminal Cases
Updated 18thSeptember - The Telegraph reported on the first hearing in the Crown Court at which Mr Justice Sweeney excused Janner's attendance. A fitness to plead hearing will take place on December 7 this year, and a provisional trial date has been...
- Parliamentary Privilege And The Expenses Claims
The Supreme Court of the U.K. has ruled that parliamentary privilege does not protect David Chaytor, Eliot Morley and Jim Devine from being tried in the Crown Court in relation to expenses claims they submitted to the parliamentary authorities. ...
- Reports Coming Thick And Fast: Victims Commissioner: Police Inspectorate
In March 2010, as the general election approached, Louise Casey was appointed Commissioner for Victims and Witnesses by Jack Straw (read). She has produced a short 4 page report which, to be fair, levels valid criticisms at the criminal justice...
- "loophole Lawyers"
The Guardian reports about certain "loophole" lawyers who have captured a niche market in defending celebrities accused of motoring offences - see Guardian 25th August 2010 "The Loophole Lawyers who help clients beat motoring charges". These lawyers...
- Does The Bill Of Rights 1689 Offer A Defence To Mps?
Three members of the House of Commons and one peer attended City of Westminster Magistrates' Court on Thursday 11th March 2010 - see The Times 12th March. They face various charges under the Theft Act 1968 s.17 (False Accounting). In court...
Law and Rights
MPs to get legal aid.
The cuts in legal aid for criminal cases brought in by the Labour Government are severe. Legal Representation in Magistrates' Courts is only provided if the defendant passes a means test AND the case passes the interests of justice test. The introduction of means testing in Magistrates' Courts took place in October 2006 and was a reversal of government policy which has resulted in many having to appear before magistrates unrepresented. In the first half of 2010, means testing is being introduced into the Crown Court. Strictly speaking there is only ONE Crown Court for England and Wales though it sits in different locations but means testing is being introduced according to a "roll out" plan which may be seen at Legal Services Commission. It will not apply to London until 28th June. That is convenient for these MPs who are being tried by the Crown Court sitting at Southwark. This method of introducing means testing appears to be particularly unfair.
- Lord Greville Janner ~ Procedure In Criminal Cases
Updated 18thSeptember - The Telegraph reported on the first hearing in the Crown Court at which Mr Justice Sweeney excused Janner's attendance. A fitness to plead hearing will take place on December 7 this year, and a provisional trial date has been...
- Parliamentary Privilege And The Expenses Claims
The Supreme Court of the U.K. has ruled that parliamentary privilege does not protect David Chaytor, Eliot Morley and Jim Devine from being tried in the Crown Court in relation to expenses claims they submitted to the parliamentary authorities. ...
- Reports Coming Thick And Fast: Victims Commissioner: Police Inspectorate
In March 2010, as the general election approached, Louise Casey was appointed Commissioner for Victims and Witnesses by Jack Straw (read). She has produced a short 4 page report which, to be fair, levels valid criticisms at the criminal justice...
- "loophole Lawyers"
The Guardian reports about certain "loophole" lawyers who have captured a niche market in defending celebrities accused of motoring offences - see Guardian 25th August 2010 "The Loophole Lawyers who help clients beat motoring charges". These lawyers...
- Does The Bill Of Rights 1689 Offer A Defence To Mps?
Three members of the House of Commons and one peer attended City of Westminster Magistrates' Court on Thursday 11th March 2010 - see The Times 12th March. They face various charges under the Theft Act 1968 s.17 (False Accounting). In court...