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Nigel Evans legal fees: thank the Tories we don’t have to pay

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Friends of Nigel Evans, the British House of Commons deputy speaker cleared of nine sexual offences, have complained that he has been financially wiped out by £130,000 of defence costs in the court case. And wags of a legal disposition have pointed out that he has only his own Tory-led Government to blame.

Conservative MP for Northampton South Brian Binley,  a friend and flatmate of Evans, and Tory Bob Stewart have both pointed out Evans must pay his defence costs even though he was acquitted of all charges – and the Crown Prosecution Service criticised for pursuing them. And Evans himself now says the state should pay. But none of them has made the link with Section 16A of the Prosecution of Offences Act, added by amendment to the act by the notorious Legal Aid Act (LASPO) in 2012.

This stops defence costs being awarded for those not legally aided except under limited circumstances. Costs can be awarded: Read the rest of this entry

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A question of standing: Grayling’s new attack on Judicial Review

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How do you decide what is in the public interest? Just ask the government. That, apparently, is UK Justice Secretary Chris Grayling’s view in his latest proposals to curb judicial review.

There have been too many judicial reviews in the public interest, is what his argument amounts to. In the latest consultation on curbing JRs he says: “The concern is based on the principle that Parliament and the elected Government are best placed to determine what is in the public interest.” It doesn’t need judges, organisations or even ordinary people to do the job for them. “L’intérêt public, c’est moi”.

Among the matters in the public interest that Grayling draws attention to, one assumes because he would rather not have seen them brought to court, was an issue of whether Taliban suspects should have been transferred from the British authorities in Afghanistan to the Afghan government – putting them at risk of severe abuse. Grayling complains that their case was brought by a peace activist, Maya Evans, who was not a member of the Taliban nor a prisoner in Afghanistan – and so had no direct interest in the matter at all.

The judge in the case allowed her to bring it (in other words gave her standing) because of her expertise in such issues of human rights and the fact that Britain’s treatment of prisoners abroad is a matter of public interest.

But that is not good enough for Grayling. He suggests only people with a “direct” interest be allowed to bring such cases – the Taliban prisoners themselves perhaps. Read the rest of this entry

David Miranda Schedule 7 detention: Arbitrary or Alice in Wonderland?

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Schedule 7 to the Terrorism Act, under which a Guardian journalist’s partner, David Miranda, was held for nine hours at Heathrow, is an odd piece of legislation – not least because, unusually for criminal law, it deals with people who are for the most part wholly innocent. It is drafted with the intent – and has clearly had the effect – of detaining large numbers of innocent people to ask them about their terrorist activities.

As a result about 70,000 people were detained under Schedule 7 in 2011-12 – of whom only 24 were then arrested for terrorist related offences.

The authorities are perfectly happy with this appalling hit rate. The official guidance to officers when they use Schedule 7 is as follows: “Examining officers must take into account that many people selected for examination using Schedule 7 powers will be entirely innocent of any unlawful activity … All persons being stopped and questioned by examining officers must be treated in a respectful and courteous manner.” (Examining Officers under the Terrorism Act 2000 pdf)

The advice points out that “The powers to stop, question, detain and search persons under Schedule 7 do not require an examining officer to have any grounds for suspicion against any individual prior to the exercise of the powers.”

This may seem somewhat bizarre: a crucial anti-terrorism power that needs not even the tiniest scintilla of evidence of a person’s involvement in terrorism before it is operated against that person; and a clear acknowledgment that, for the most part, the examining officer will be wasting his own and the traveller’s time. Read the rest of this entry

Joan Edwards’ will: whose money is it anyway?

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Joan Edwards was obviously one of those kindly but naïve souls who believe that governments do good and are capable, when using their discretion, of making good decisions about the use of other people’s money.

Her will, which left a £520,000 bequest to the UK government, shows her trusting nature – but did she make the intention of her bequest clear? Apparently not since the two governing parties were initially happy to split the money between them and then, within half a day of the bequest being publicised in the Daily Mail, somewhat miserably to hand it back.

But to whom should the money actually go? This seems, in modern American parlance, to be Trust Law 101: uncertainty of intention, risking making the bequest void – which would return it to the Edwards estate for a difficult decision about who the actual final recipient should be. Read the rest of this entry

Theresa May and the European Arrest Warrant: Assange awaits her decision

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British Tory MPs are furious that the Home Secretary Theresa May has gone soft on the European Arrest Warrant. Among others also annoyed at the UK Government’s U-turn, backing a new version of the EAW, will be Julian Assange – one of the victims of the measure that makes it easier to extradite alleged criminals without too much legal protection in their host countries. Assange, as explained below, might have benefited from a more nationalistic, less Eurocentric extradition regime.

The EAW is one of the 133 European Union law and order measures in the European Union Lisbon Treaty that May opted out of – and also one of 35 she wants to opt right back into, though in a reformed version. The EAW is one of those strange areas in which Conservatives and others on the Eurosceptic right are deeply concerned by human rights issues. Enfield North MP Nick de Bois for example, has summed up the EAW issue by saying “cooperation and expediency must not take precedence at the expense of fundamental judicial fairness, fairness and human rights”. (Nick de Bois MP pdf)

Gerard Batten, UKIP MEP calls the EAW “a tick-box defendant transfer form-filling exercise that neuters the discretion any national judge may have had over extradition to European Union countries”.

So what exactly are the perceived problems with the European Arrest Warrant? Read the rest of this entry

Anti-squatting law and the death of Daniel Gauntlett

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It is six months or so since the passing of a law criminalising trespassing in Britain and already there is – apparently – a tragic victim and – certainly – a nasty political row. The victim is Daniel Gauntlett, a 35-year-old unemployed man who died in the bitter cold on the step of an empty boarded up bungalow in Aylesford, Kent. Reports suggested police had been involved in preventing him breaking in to the house some time previously – “and so Mr Gauntlett, had taken the fatal decision to abide by the law,” according to news service KentOnline.

Campaigners against Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which criminalised squatting in residential property, believe the new law may be responsible for Mr Gauntlett’s death.

Some go further and are pinning the blame directly on MP Mike Weatherley, who introduced the anti-squatting legislation into the House of Commons, a suggestion pursued with unpleasant vigour – hence the controversy.

The claim against him is that he insists squatters are generally young, politically motivated leftists whose aim is to undermine notions of property, whereas here was a bona fide homeless man who died as a result of the new law.

In answer Mr Weatherley told the Kent Argus: “It is true that some of those who are homeless have squatted but this does not make them squatters. Read the rest of this entry

Pleb or posh – the UK Cabinet’s class position analysed

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The  Andrew Mitchell row over the abuse allegedly hurled at police by the UK Government’s chief whip, and whether or not he called them plebs, brings the political focus back on to whether Britain is being governed by a bunch of out of touch posh boys. Here is a guide to the essential information to allow you to make up your mind. (Definitions and analysis are given below.) Included is information on the nature of Cabinet members’ work before they became MPs, which speaks to the issue of how out of touch they may or may not be.

Read the rest of this entry

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