Law and Rights
The veteran broadcaster Mr Stuart Hall (pictured) has pleaded guilty to counts of indecent assault committed in the period 1967-85. A count of rape will 'lie on the file' and not be tried since (a) the complainant does not wish it to proceed given the guilty pleas entered and (b) the Crown Prosecution Service do not consider it in the public interest to require her to give evidence - CPS announcement and BBC 2nd May 2013. Mr Hall will be sentenced on 17th June.
Historic sexual abuse:
Barrister Felicity Gerry writes on the subject of historic sex abuse cases on her blog - Justice for historic sexual abuse. Gerry highlights some of the difficulties inherent in criminal prosecutions and goes on to look at the possibility of civil actions against institutions which employed abusers. Earlier posts - Jimmy Savile (4/10/12) and Vicarious Liability in Tort (21/11/12).
Parliamentary Papers of interest:
A couple of Parliamentary papers are of interest. One paper looks at Human Rights cases since 1975. The other deals with the continuing issue of voting rights for serving prisoners.
Sergeant Danny Nightingale's case:
Sergeant Danny Nightingale will face a retrial before the Court Martial in July. A previous blogpost covers the case to date. In March 2013, Sgt. Nightingale's sentence was quashed - (judgment) - and a retrial ordered. The conviction was quashed because of an unsolicited sentence indication by the trial judge - Judge McGrigor (Assistant Judge Advocate General) - which placed undue pressure on the defendant to plead guilty. On 1st May, The Guardian reported that the retrial is set for July and that it had been ruled that there was no abuse of process in emails allegedly showing that prosecutors acted improperly. For more on the Court Martial system see Ministry of Justice.
Heavy-handedness:
Sometimes, press reports make one wonder whether law enforcement can be somewhat heavy-handed. The Daily Mail reports on Kurtis Green (age 19) who has tended a war memorial for some 12 years and now finds himself under investigation for criminal damage. Why? Because he connected a water supply so that flower beds could be watered - Daily Mail 2nd May.
Community Resolutions:
This week it has also been reported that some 10000 cases of violence have been dealt with by way of 'community resolutions' - BBC 30th April. These will not count as either convictions or cautions. In 2012, ACPO issued Guidelines on the use of Community Resolutions incorporating Restorative Justice.
The Supreme Court has issued three judgments.
Supreme Court Decided Cases.
R (on the application of Sturnham) (Appellant) v The Parole Board of England and Wales and another (Respondents)
WHA Limited and another (Appellants) v Her Majesty's Revenue and Customs (Respondent)
R (on the application of ClientEarth) (Appellant) v The Secretary of State for the Environment, Food and Rural Affairs (Respondent)
- Concern Over Royal Marine Sergeant Convicted Of Murder
The case of former Royal Marine Sergeant Alexander Blackman has again come into the news. He was sentenced by the Court Martial to life imprisonment for the murder of an already wounded Taliban fighter. His case was debated in Parliament (Westminster...
- Rolf Harris ... Historic Sexual Offences
The famous celebrity Rolf Harris - now aged 84 - has been convicted in the Crown Court at Southwark (Mr Justice Sweeney and a jury) of 12 counts of indecent assault committed in the period 1968 to 1986 - see BBC News 30th June 2014 - Rolf Harris: the...
- A Short News Roundup
Richard III - The final resting place for the mortal remains of King Richard III may now be settled as a result of a decision by the Queen's Bench Divisional Court - R (Plantagenet Alliance Ltd) v Secretary of State for Justice [2014] EWHC 1662. ...
- Sgt Danny Nightingale - Military Justice Under The Microscope (2)
Update 10th July: Sgt. Nightingale has been convicted - The Guardian 10th July and BBC News England 10th July. Sentencing to be at a later date. --- This post is based on The Times leading article of 1st July 'Army chiefs go to war...
- Sergeant Danny Nightingale ~ Court-martial And Sentence
Update 1st May 2013 - The Guardian reports ruling of judge that there was no abuse of process revealed by certain e-mails. Update 22nd March 2013 - R v Sgt Nightingale ? An unsolicited sentence indication by the trial Judge placed undue pressure...
Law and Rights
A Thursday miscellany
Historic sexual abuse:
Barrister Felicity Gerry writes on the subject of historic sex abuse cases on her blog - Justice for historic sexual abuse. Gerry highlights some of the difficulties inherent in criminal prosecutions and goes on to look at the possibility of civil actions against institutions which employed abusers. Earlier posts - Jimmy Savile (4/10/12) and Vicarious Liability in Tort (21/11/12).
Parliamentary Papers of interest:
A couple of Parliamentary papers are of interest. One paper looks at Human Rights cases since 1975. The other deals with the continuing issue of voting rights for serving prisoners.
Sergeant Danny Nightingale's case:
Sergeant Danny Nightingale will face a retrial before the Court Martial in July. A previous blogpost covers the case to date. In March 2013, Sgt. Nightingale's sentence was quashed - (judgment) - and a retrial ordered. The conviction was quashed because of an unsolicited sentence indication by the trial judge - Judge McGrigor (Assistant Judge Advocate General) - which placed undue pressure on the defendant to plead guilty. On 1st May, The Guardian reported that the retrial is set for July and that it had been ruled that there was no abuse of process in emails allegedly showing that prosecutors acted improperly. For more on the Court Martial system see Ministry of Justice.
Heavy-handedness:
Sometimes, press reports make one wonder whether law enforcement can be somewhat heavy-handed. The Daily Mail reports on Kurtis Green (age 19) who has tended a war memorial for some 12 years and now finds himself under investigation for criminal damage. Why? Because he connected a water supply so that flower beds could be watered - Daily Mail 2nd May.
Community Resolutions:
This week it has also been reported that some 10000 cases of violence have been dealt with by way of 'community resolutions' - BBC 30th April. These will not count as either convictions or cautions. In 2012, ACPO issued Guidelines on the use of Community Resolutions incorporating Restorative Justice.
The Supreme Court has issued three judgments.
Supreme Court Decided Cases.
R (on the application of Sturnham) (Appellant) v The Parole Board of England and Wales and another (Respondents)
- Judgment (PDF)
- Press summary (PDF)
These appeals concern the circumstances in which a prisoner serving a life sentence or an indeterminate sentence of imprisonment for public protection (?IPP?), who has served the minimum period specified for the purposes of retribution and deterrence (the ?tariff?), and whose further detention is justified only if it is necessary for the protection of the public, should be awarded damages for delay in reviewing the need for further detention following the expiry of the tariff. They are also concerned with the quantum of such damages
WHA Limited and another (Appellants) v Her Majesty's Revenue and Customs (Respondent)
- Judgment (PDF)
- Press summary (PDF)
This appeal concerns the effectiveness of a scheme (?Project C?) which was designed to minimise the liability toVAT of a group of companies (?Oriel?) involved in providing motor breakdown insurance (?MBI?)
R (on the application of ClientEarth) (Appellant) v The Secretary of State for the Environment, Food and Rural Affairs (Respondent)
- Judgment (PDF)
- Press summary (PDF)
This case concerns the Government?s obligations under Directive 2008/50/EC (?the Air Quality Directive?) toreduce the levels of nitrogen dioxide in outdoor air in the United Kingdom. Nitrogen dioxide is a gas formed by combustion at high temperatures which, when concentrated above a certain level, poses risks to human health. The main sources of nitrogen dioxide are road traffic and domestic heating.
- Concern Over Royal Marine Sergeant Convicted Of Murder
The case of former Royal Marine Sergeant Alexander Blackman has again come into the news. He was sentenced by the Court Martial to life imprisonment for the murder of an already wounded Taliban fighter. His case was debated in Parliament (Westminster...
- Rolf Harris ... Historic Sexual Offences
The famous celebrity Rolf Harris - now aged 84 - has been convicted in the Crown Court at Southwark (Mr Justice Sweeney and a jury) of 12 counts of indecent assault committed in the period 1968 to 1986 - see BBC News 30th June 2014 - Rolf Harris: the...
- A Short News Roundup
Richard III - The final resting place for the mortal remains of King Richard III may now be settled as a result of a decision by the Queen's Bench Divisional Court - R (Plantagenet Alliance Ltd) v Secretary of State for Justice [2014] EWHC 1662. ...
- Sgt Danny Nightingale - Military Justice Under The Microscope (2)
Update 10th July: Sgt. Nightingale has been convicted - The Guardian 10th July and BBC News England 10th July. Sentencing to be at a later date. --- This post is based on The Times leading article of 1st July 'Army chiefs go to war...
- Sergeant Danny Nightingale ~ Court-martial And Sentence
Update 1st May 2013 - The Guardian reports ruling of judge that there was no abuse of process revealed by certain e-mails. Update 22nd March 2013 - R v Sgt Nightingale ? An unsolicited sentence indication by the trial Judge placed undue pressure...