Law and Rights
In June 2010, the long awaited and very expensive Saville Report was published ? see Law and Lawyers 15th June. Whilst giving evidence to the House of Commons Northern Ireland affairs Committee, the Inquiry Chairman (Lord Saville of Newdigate) has defended the money paid to Sir Christopher Clarke QC (Counsel to the Inquiry). Clarke received some £4.5m.
- The West Lothian Question ~ A Few Thoughts !
The so-called West Lothian question is a political and not legal question. It was asked as long ago as 1977 by Tam Dalyell MP who represented West Lothian from 1962 to 1983 and Linlithgow from 1983 to 2005. The question asks whether MPs from Northern...
- The Jury
At Southwark Crown Court, the jury in the Vicky Pryce case was discharged since it was unable to reach a verdict despite the trial judge (Mr Justice Sweeney) being prepared to accept a majority verdict- (The Guardian 20th February). A retrial...
- Inquiries In Northern Ireland ... And Inquests
The Inquiry into the murder, on 15th March 1999, of Northern Ireland solicitor Rosemary Nelson has reported. She was killed by a bomb attached to her car and a "loyalist" group known as "Red Hand Defenders" claimed responsibility. The Rosemary...
- A Breathtaking Bill Of Which Even Henry Viii Would Have Been Proud ...!
On 28th October, the government's Public Bodies Bill received its first reading in Parliament - actually it has been first introduced via the House of Lords. We all knew that, mainly for economic reasons, a "Bonfire of the Quangos" was being...
- Nailed At Last .... Men Convicted At The First Non-jury Trial In The Crown Court
The four men - (Twomey, Blake, Hibberd and Cameron) - charged with a large-scale robbery committed at Heathrow in 2004 have been convicted by Mr Justice Treacy who heard the case without a jury. See Telegraph 31st March 2010 and the earlier post...
Law and Rights
On-going matters in Northern Ireland: a legacy of the Diplock Courts
Meanwhile, legal issues continue to arise in relation to convictions in the ?Diplock Court? judge-only system of trial which prevailed from 1973 to 2007. A considerable number of cases have been referred to the Northern Ireland Criminal Cases Review Commission alleging that confessions were obtained by oppressive means and that those confessions were accepted by the Diplock ? courts ? The Guardian 11th October 2010 sets out further information. A number of convictions have already been quashed and compensation paid.
This form of non-jury trial was suggested by the late judge Lord Diplock (1907-1985) to address problems of jury intimidation in certain cases in which ?scheduled offences? were to be tried. Diplock?s report can be seen here. Under the Justice and Security (Northern Ireland) Act 2007 the Diplock court system was replaced by a revised system in which the Director of Public Prosecutions for Northern Ireland may issue a certificate to require a judge only trial. It was considered (after public consultation) that it remained necessary to keep some form of judge only trial for a certain type of case. This system of certificates was given a limited life of 2 years from 1st August 2007 but, in 2009, this was extended for a further 2 years to 1st August 2011. Paul Coggins (NI Justice Minister) said in March 2010 that retention of non jury trial continued to be necessary ? see BBC.
Much has been written about the Diplock Court system. The courts relied heavily on confessions. This stimulated much concern and probably encouraged unacceptable interrogation techniques with the attendant risk of miscarriages of justice.
Much has been written about the Diplock Court system. The courts relied heavily on confessions. This stimulated much concern and probably encouraged unacceptable interrogation techniques with the attendant risk of miscarriages of justice.
Under the Criminal Justice Act 2003, non-jury trial is possible in England and Wales if jury intimidation is alleged ? Law and Lawyers 24th July. The affairs of Northern Ireland also had an effect on the rights of defendants in England and Wales in the ?right to silence? provisions introduced by the Criminal Justice and Public Order Act 1994. Almost identical provisions had been previously enacted for Northern Ireland and were basically ?copied over? in to the 1994 Act.
An interesting and detailed study - "War on Terror: the lessons from Northern Ireland" - may be read here. It is quite lengthy but well worth a read by the student wishing to form a more in depth knowledge.
Addendum 16th October 2010: Given that this post ought to remind us of the value in society of the jury, it was interesting to read an article by Jon Robins (Guardian 13th October) - "Ricin Trial ullustrates the importance of juries."
An interesting and detailed study - "War on Terror: the lessons from Northern Ireland" - may be read here. It is quite lengthy but well worth a read by the student wishing to form a more in depth knowledge.
Addendum 16th October 2010: Given that this post ought to remind us of the value in society of the jury, it was interesting to read an article by Jon Robins (Guardian 13th October) - "Ricin Trial ullustrates the importance of juries."
- The West Lothian Question ~ A Few Thoughts !
The so-called West Lothian question is a political and not legal question. It was asked as long ago as 1977 by Tam Dalyell MP who represented West Lothian from 1962 to 1983 and Linlithgow from 1983 to 2005. The question asks whether MPs from Northern...
- The Jury
At Southwark Crown Court, the jury in the Vicky Pryce case was discharged since it was unable to reach a verdict despite the trial judge (Mr Justice Sweeney) being prepared to accept a majority verdict- (The Guardian 20th February). A retrial...
- Inquiries In Northern Ireland ... And Inquests
The Inquiry into the murder, on 15th March 1999, of Northern Ireland solicitor Rosemary Nelson has reported. She was killed by a bomb attached to her car and a "loyalist" group known as "Red Hand Defenders" claimed responsibility. The Rosemary...
- A Breathtaking Bill Of Which Even Henry Viii Would Have Been Proud ...!
On 28th October, the government's Public Bodies Bill received its first reading in Parliament - actually it has been first introduced via the House of Lords. We all knew that, mainly for economic reasons, a "Bonfire of the Quangos" was being...
- Nailed At Last .... Men Convicted At The First Non-jury Trial In The Crown Court
The four men - (Twomey, Blake, Hibberd and Cameron) - charged with a large-scale robbery committed at Heathrow in 2004 have been convicted by Mr Justice Treacy who heard the case without a jury. See Telegraph 31st March 2010 and the earlier post...