Law and Rights
The Court of Appeal (Criminal Division) sat with 5 judges with the Lord Chief Justice presiding and considered whole life tariffs for those convicted of murder.
David Oakes and others v R [2012] EWCA Crim 2435 - Lord Judge LCJ, Hallett, Hughes, Leveson and Rafferty LJJ
This is an important decision not only because of the immediate subject matter but also because the judgment appears just in advance of the European Court of Human Rights decision in the Jeremy Bamber case. This is the strongest Court of Appeal constitution that I am able to recall and it sends out a very strong message that the principle of a judge being able to impose a whole life tariff is lawful in relation to exceptionally serious murders.
Interestingly, there is a very strong possibility that one of those who sat with Lord Judge will become the next Lord Chief Justice since Lord Judge has now announced his retirement in September 2013.
The other big story is
the House of Lords Report Stage of the government's Justice and Security Bill which was considered in a number of other posts on this blog. Rarely has any bill received such widespread condemnation as this. The government suffered a number of defeats in the Lords and a good report on the debate is that by Owen Bowcott - The Guardian 21st November - Secret Court plans savaged by House of Lords. Also Telegraph 21st November - Secret courts suffer humiliating defeat in House of Lords.
The effect of all this is that the scope of the bill is narrowed but the principle that there may be closed hearings in civil cases is by no means rejected. The outcome of the debate is that the whole process would be more under the control of the judges than the government wishes to be the case. It is also significant that one amendment which would have prevented any further expansion of "secret courts" was lost. Overall, major improvement to the bill was secured and it is to be hoped that the government now accept the amendments and not try to reverse them when the the bill goes to the Commons.
It seems that the Human Rights Joint Committee's Fourth report had considerable influence on members of the Lords.
Lords defeats on secret courts plans exposes coalition splits - Owen Bowcott - The Guardian 22nd November
- Catching Up With The Justice And Security Bill
The Justice and Security Bill completed its progress through the House of Lords in November 2012 and is now being considered by a House of Commons 19 strong Public Bill committee - (see Parliament for the make-up of the committee etc). The Bill...
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- House Of Lords Reform - Bill Introduced
The House of Lords Reform Bill has been published. See the Bill as introduced - (pdf). Some time ago, Law and Lawyers looked at House of Lords reform - Plantagenet Palliser - after 100 years, will Lords reform arrive? A basic democratic principle...
- Justice And Security Bill ~ Second Reading In Lords
Secret Court - Keep OutUpdated 25th June The Justice and Security Bill - which many consider to be more about security than justice - had its second reading in the House of Lords on 19th June. The Bill survived this reading and is now committed...
- The Legal Aid Bill - Please E Mail Your Mp
Updated 16th April: The Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) has returned to the House of Commons. The most controversial aspect of this Bill relates to the government's plans to axe civil legal aid in many areas. ...
Law and Rights
Two BIG stories
David Oakes and others v R [2012] EWCA Crim 2435 - Lord Judge LCJ, Hallett, Hughes, Leveson and Rafferty LJJ
This is an important decision not only because of the immediate subject matter but also because the judgment appears just in advance of the European Court of Human Rights decision in the Jeremy Bamber case. This is the strongest Court of Appeal constitution that I am able to recall and it sends out a very strong message that the principle of a judge being able to impose a whole life tariff is lawful in relation to exceptionally serious murders.
Interestingly, there is a very strong possibility that one of those who sat with Lord Judge will become the next Lord Chief Justice since Lord Judge has now announced his retirement in September 2013.
The other big story is
the House of Lords Report Stage of the government's Justice and Security Bill which was considered in a number of other posts on this blog. Rarely has any bill received such widespread condemnation as this. The government suffered a number of defeats in the Lords and a good report on the debate is that by Owen Bowcott - The Guardian 21st November - Secret Court plans savaged by House of Lords. Also Telegraph 21st November - Secret courts suffer humiliating defeat in House of Lords.
The effect of all this is that the scope of the bill is narrowed but the principle that there may be closed hearings in civil cases is by no means rejected. The outcome of the debate is that the whole process would be more under the control of the judges than the government wishes to be the case. It is also significant that one amendment which would have prevented any further expansion of "secret courts" was lost. Overall, major improvement to the bill was secured and it is to be hoped that the government now accept the amendments and not try to reverse them when the the bill goes to the Commons.
It seems that the Human Rights Joint Committee's Fourth report had considerable influence on members of the Lords.
Lords defeats on secret courts plans exposes coalition splits - Owen Bowcott - The Guardian 22nd November
- Catching Up With The Justice And Security Bill
The Justice and Security Bill completed its progress through the House of Lords in November 2012 and is now being considered by a House of Commons 19 strong Public Bill committee - (see Parliament for the make-up of the committee etc). The Bill...
- House Of Lords Reform Bill Abandoned
"Politics is the art of the possible" The House of Lords Reform Bill has been abandoned for this Parliament - see the announcement by Deputy Prime Minister Nick Clegg. Lords reform has been considered in several posts on this blog. It was...
- House Of Lords Reform - Bill Introduced
The House of Lords Reform Bill has been published. See the Bill as introduced - (pdf). Some time ago, Law and Lawyers looked at House of Lords reform - Plantagenet Palliser - after 100 years, will Lords reform arrive? A basic democratic principle...
- Justice And Security Bill ~ Second Reading In Lords
Secret Court - Keep OutUpdated 25th June The Justice and Security Bill - which many consider to be more about security than justice - had its second reading in the House of Lords on 19th June. The Bill survived this reading and is now committed...
- The Legal Aid Bill - Please E Mail Your Mp
Updated 16th April: The Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) has returned to the House of Commons. The most controversial aspect of this Bill relates to the government's plans to axe civil legal aid in many areas. ...