According to an article in the Daily Mail (1st May 2011) written by Angela Levin an expert Neuropathologist, Dr Squier, believes that at least half of all parents tried over shaken baby syndrome have been wrongly convicted. Read more … [Read more...]
A Letter of Rights to be introduced to help ensure fair trials in all EU countries
May 1, 2011 from Leave a Comment
The European Parliament's Civil Liberties, Justice and Home Affairs Committee have stated that anyone suspected or accused of having committed a crime must promptly be given information on his or her procedural rights in an easy-to-understand language, said the Civil Liberties Committee on Thursday, in amendments to a draft law to protect defendants’ rights across the EU. To those who are arrested or questioned at a police station, this information must be given in a written "Letter of Rights", to which MEPs added inter alia the right to medical care and the right to contact relatives. In a communiqué issued on the 17th March 2011 they stated A Letter of Rights to help ensure fair trials in all EU countries Citizens' rights − 17-03-2011 - 18:32 Committee: Civil Liberties, Justice and Home Affairs Anyone suspected or accused of having committed a crime must promptly be given information on his or her procedural rights in an easy-to-understand language, said … [Read more...]
Falsely accused man still waiting for a apology from police eight years on
March 22, 2011 from Leave a Comment
This item was first reported on the BBC website here A man falsely accused of downloading child sex abuse images is still waiting for an apology from police eight years after lodging a complaint, an MP says. The unidentified man from Stoke-on-Trent was arrested as part of a worldwide police operation. His details came from a web pornography sale firm, but the man had reported his card stolen three years earlier. Staffordshire Police said it was looking into the comments made by Stoke-on-Trent South MP Rob Flello. The Labour MP told the House of Commons during a debate that the police sting, called Operation Ore, "wasn't handled well", with children wrongly taken into care and people falsely accused of being paedophiles going on to commit suicide. 'Dreadful case' MPs were told how the home belonging to the innocent man's parents was raided by eight officers from Staffordshire Police in 2002. His computer was taken but it had not been used to view child abuse … [Read more...]
Retracting rape and domestic violence allegations: CPS launches public consultation
February 14, 2011 from Leave a Comment
The CPSs have launched a consultation regarding the retraction of rape and domestic violence allegations. “Individuals who retract truthful allegations of rape or domestic violence out of fear are less likely to be prosecuted under proposed new guidance for prosecutors on the offence of perverting the course of justice, the Director of Public Prosecutions, Keir Starmer QC, said today. But individuals who make malicious false allegations should know they risk prosecution, he said.” Full press release Retracting rape and domestic violence allegations: CPS launches public consultation Source: Crown Prosecution Service, 10th February 2011 … [Read more...]
Inner Temple update guide to sources of Court and Tribunal transcripts
February 12, 2011 from Leave a Comment
The Inner Tempole have published a completely updated and revised guide to sources of transcripts Title: Transcripts of Judicial Proceedings in England and Wales: a Guide to Sources Author: Sally Mclaren (compliler) Published by: Inner Temple Library, 2011 Available from February 14th as a PDF document. 165 pp The guide is intended primarily for librarians and information services staff who may need to obtain, or assist others to obtain, transcripts of the proceedings of courts and tribunals in England and Wales. A major feature of this new edition is its greatly expanded coverage of tribunals. It is hoped that users of the guide may find this particularly useful at a time of change and transition in tribunal administration. Purchased here: … [Read more...]
Appeal in alleged historic abuse in domestic case fails
February 12, 2011 from Leave a Comment
RE: Hereworth v R. [2011] EWCA Crim 74 (01 February 2011) The Court of Appeal recently considered the issue of missing historic documentation in case of alleged historic abuse in a domestic situation. The appellant was convicted on three counts of indecent assault and four counts of rape in November 2009 against M, whose mother had formed a relationship with this appellant. M was about 12-13 at the time. The appellant was also convicted of two further counts of indecent assault against her sister, E. The offences were alleged to have taken place in the years 1983-1984. The first report was made to the police on 24 October 2006. This appeal raises a number of issues which follow from the allegations of historical sexual abuse. Although the appellant seeks to raise a number of grounds, the ground on which he was granted permission is that the judge ought to have ordered the trial to be stayed on the grounds of abuse of process. The Appeal Court stated ... The … [Read more...]
New regulations announced for the disclosure of defence documents
February 12, 2011 from Leave a Comment
The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011 These Regulations prescribe the relevant period for the purposes of sections 5, 6 and 6C of the Criminal Procedure and Investigations Act 1996 (c. 25) (“the Act”). That period is the period within which the accused in criminal proceedings must give: a compulsory defence statement under section 5 of the Act; a voluntary defence statement under section 6 of the Act; or a notice of his or her intention to call any person, other than him or herself, as a witness at trial under section 6C of the Act. The Regulations extend to England and Wales only. Regulation 2 provides for the relevant period to begin on the day the prosecutor complies, or purports to comply, with section 3 of the Act (initial duty of prosecutor to disclose). That period expires at the end of 14 days in respect of summary proceedings, or 28 days in respect of Crown Court proceedings. Any such … [Read more...]
TW v A City Council & Ors [2011] EWCA Civ 17 (20 January 2011)
January 25, 2011 from Leave a Comment
There is a very useful judgement handed down by the Appeal Court on the Bailli website. Although the judgement does not make for pleasant reading it is useful because it deals, which amongst other things, 'truth and lies', and best investigative practice in child protection matters. There is also a very helpful summary of the respective merits of .... Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses, and Using Special Measures (the Guidance), which was published in a revised form in 2007. This is a long and important document and is self-evidently required reading for all practitioners in the field, be they interviewers, prosecutors, advocates or judges Report of the Inquiry into Child Abuse in Cleveland 1987 (Cm 412) (Cleveland) chaired by Dame Elizabeth Butler-Sloss (as she then was) - and in particular Chapter 12 of Cleveland entitled Listening to the child; The Report of the Advisory Group on Video Evidence (the Pigot … [Read more...]
333 people have died in or following police custody over the past 11 years, but no officer has ever been successfully prosecuted
December 20, 2010 from Leave a Comment
An IPCC study reported in the Guardian finds failure in care of vulnerable prisoners – and says juries are unwilling to convict police officers A total of 333 people have died in or following police custody over the past 11 years, but no officer has ever been successfully prosecuted, according to a watchdog's report. Prosecutions were recommended against 13 officers based on "relatively strong evidence of misconduct or neglect", but none resulted in a guilty verdict. Calling for further research, the Independent Police Complaints Commission said juries were unwilling to convict police officers. Len Jackson, IPCC interim chair, said: "It is clear to us there is some real difficulty in this area." The IPCC had a responsibility to investigate and present a file to the CPS "if we feel there are any matters potentially of a criminal nature", he said. But then it was up to the criminal justice system. "We have a jury … [Read more...]
How to conduct an investigation
December 20, 2010 from Leave a Comment
Our attention has been drawn to report produced earlier this year on "How to Conduct An Investigation" published by The Standards Board for England. Although the guide has been written for monitoring officers carrying out investigations and other action relating to allegations referred to them by standards committees or ethical standards officers the principles apply to most investigation. The guide provides an introduction to the practice of investigation and is designed to assist anyone delegated to investigate allegations of misconduct. The report outline the principles by which the Standards Board for England conducts its investigations. It does not aim to be prescriptive and is not statutory in nature, but it is worth bearing in mind that the processes outlined below have been tested at the First-tier Tribunal (Local Government Standards in England). Many are also based on specific recommendations by the First-tier Tribunal (Local Government Standards in … [Read more...]
Set up to investigate miscarriages of justice, the CCRC’s poor track record in recent years shows it is little more than a fig leaf
November 30, 2010 from Leave a Comment
Bob Woffinden: Set up to investigate miscarriages of justice, the CCRC's poor track record in recent years shows it is little more than a fig leaf When it was set up in 1997, the Criminal Cases Review Commission was an experiment. It was an idea unique in worldwide criminal justice: an extra-judicial body that could give another chance to cases that had reached the end of the legal road. The time has now come to acknowledge that it was an experiment that failed. The CCRC began work on 1 April 1997. In gauging its overall success, we need first of all to look at its own statistics, according to which its work has led to the quashing of 304 convictions. Taken at face value, this is impressive; looked at more closely, the figure quickly crumbles. Firstly, the CCRC refers some cases to the court of appeal on the basis of sentence alone. If the sentence is subsequently varied, then the CCRC triumphantly – but inaccurately – marks this down as a "quashed" case, and a … [Read more...]
Kerelaw employee to sue over claims
November 9, 2010 from Leave a Comment
A social worker worker is suing his former bosses for £100,000 claiming he was smeared by cover-up allegations at a secure unit for troubled kids. Andrew Walker, 64, worked at Kerelaw Residential Unit in Stevenson, Ayrshire, which was shut in 2006 following a police probe. Two workers were jailed for abusing kids while a three-year investigation by operators Glasgow City Council found 40 staff abused kids and others failed to stop it. Walker was Kerelaw assistant manager for 11 years and is now a social worker with Western Isles Council. He said: "I have worked now for over 40 years as a social worker and I don't wish to retire with a black cloud of suspicion hanging over my head. "My professional standing and reputation has been left in tatters. I am proud of my employment record at Kerelaw School. "I should like to make it clear from the outset that during my period as a senior manager at Kerelaw, I was never involved in disciplinary proceedings against me. "Nor … [Read more...]
Operation Ore:UK Class Action – High Court decision expected shortly
November 7, 2010 from Leave a Comment
We have received the following media release Media Release: An Extended-Victim’s View, From Tina Willis, e-mail: willis.tina556@yahoo.com Subject: Mass Fraud-Victims v Child Porn Police; UK High Court, Nov 11 & 12, 2010 (while unchecked are 30,000+ U.S. suspects and many ‘VIPs’) To: UK & World Media, Justice Campaigns & Projects - circa 7 minutes reading time/1500 words. Sourced from: Wikipedia “Operation Ore”, and website “Inquisition 21st Century” For Attn Of: Executive Editors, News Editors, Website Managers, Justice Campaign Managers, Child & Family Wellbeing Agency Directors October-November 2010 Dear Editor, Director, or Manager, I submit news of a pending landmark, first ever UK Class/Group action at the High Court, The Strand, central London on November 11 & 12, 2010, with global ramifications. I would also hope that you may be able to appeal for any still-unknown prime victims to come forward, … [Read more...]
Inspectorate critical of CPS
November 5, 2010 from Leave a Comment
Failings at the Crown Prosecution Service and police are costing the taxpayer £600,000 a year in abandoned trials and preventing cases from being brought before the courts, a CPS inspection report found this week. One eminent solicitor warned that the report showed a criminal justice system ‘on the verge of collapse’, with CPS budget cuts likely to make the situation worse. The report by the CPS Inspectorate examined cases that had been dropped by the CPS at the committal stage, when the CPS was due to present evidence to the defence in advance of a committal hearing to assess whether a case should be moved from the magistrates’ court to the Crown court. An audit of 119 discharged cases found that 35% were dropped by the CPS because no file had been received by police, or the file was received late with essential evidence missing, while 28% were dropped because the CPS had failed to review the case before the committal hearing. In some instances, the … [Read more...]
Supreme Court rule the practice of the police in Scotland interrogating detainee without access to legal advice is unlawful
October 28, 2010 from Leave a Comment
The following summary (see below) of the Supreme Courts decision in the Cadder V HM Advocate (Scotland) case which concerns an accused rights to legal representation appears on the the Incorporated Council of Law Reporting for England & Wales Today's website here. The full judgement can be accessed here on the Bailii website. HUMAN RIGHTS — Right to fair trial — Police in Scotland interrogating detainee without access to legal advice — Admissions admitted in evidence at trial — Whether breaching right to fair trial — Criminal Procedure (Scotland) Act 1995, s 14 — Human Rights Act 1998, Sch 1, Pt I, art 6(1)(3)(c) Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43; [2010] WLR (D) 268 SC: Lord Hope of Craighead DPSC, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Kerr of Tonaghmore, Dyson JJSC: … [Read more...]
Law Commission conducting a review of law relating to Public Services Ombudsmen
September 9, 2010 from Leave a Comment
Press Release from Law Commission The Law Commission is conducting a review of the law relating to the public services ombudsmen. On 2 September 2010, we published a consultation paper, which contains our detailed provisional proposals for reform. A press release is also available. Background The public services ombudsmen have been created over the last 43 years to handle administrative complaints against public bodies, such as local authorities or central government departments. The public services ombudsmen are: Parliamentary Commissioner for Administration Health Service Ombudsman Public Services Ombudsman for Wales Local Government Ombudsman Housing Ombudsman Their work covers almost all aspects of governmental activity, from the provision of health care or adult social care to war pensions. The project is concerned with examining the legislative structure of the public services ombudsmen with a view to its reform. The aim is to make … [Read more...]
Bar Pro Bono Award 2010 – nominations now invited
August 26, 2010 from Leave a Comment
Press Release from Bar Council: 24 August 2010 Pro bono has never been more important or more appreciated than in current times. The selflessness shown by individuals who give up their time for free to assist others in need deserves recognition. The Bar Pro Bono Award 2010 is the ideal way to recognise those contributions. The award was created by Lord Goldsmith QC in memory of his late father and will be presented at the 25th Annual Bar Conference on 6 November. Do you know someone who makes you proud to be a member of the Bar? To nominate a barrister or team : i. fill in the nomination form (which can be found at www.barprobono.org.uk/award.html ) ii. explain why they deserve to win the award iii. provide at least 2 supporting letters from other individuals There is no fee to enter Individuals may enter themselves The closing deadline is 30 September 2010 For further information and to see details of previous winners please see the link above or the … [Read more...]
Compensation for Ontario victims of forensic pathology scandal likelt to receive $250,000
August 11, 2010 from Leave a Comment
The following clip relating to Canada appears on the Ontario Globe and Mail website The Ontario government has announced long-awaited compensation for victims of the province’s forensic pathology scandal. People who were charged or convicted in 19 cases based on erroneous evidence from disgraced pathologist Charles Smith will be eligible for “recognition” payments of up to $250,000, Attorney General Chris Bentley announced Tuesday. “We are undertaking this approach because it’s the right thing to do,” Mr. Bentley told reporters. Children who were removed from the homes of their accused parents will get up to $25,000. Family members affected by their relatives' involvement in the criminal justice system will receive up to $12,500. Legal costs may also be reimbursed. Mr. Bentley said the compensation does not affect victims’ rights to pursue civil claims. But if victims receive other government awards, the province will deduct the amount of their … [Read more...]
The mythical memories: How a fifth of us fondly recall happy events… that never actually happened
August 5, 2010 from Leave a Comment
The following article by David Derbyshire appeared in the Daily Mail on the 2nd August 2010 Mind games: Many of our most treasured childhood memories may be fictional From the thrill of a perfect childhood Christmas to the excitement of a holiday romance, memories can sustain and support us through life's more difficult times. But according to scientists, many of our most treasured memories may never have actually happened. In an astonishing study, psychologists discovered that one in five people vividly recalls incidents that they know did not take place. The finding highlights once again the fallibility of memory - and explains why two people can have such different recollections of the same conversations and events. University of Hull researchers asked 1,600 students whether they had experienced a false memory. A fifth said they had experienced 'fictional' memories, mostly dating back to when they were four … [Read more...]
Campaign group express anger over Government’s retreat on rape laws
July 28, 2010 from Leave a Comment
A campaign group has told Newsbeat it's "disappointed and angry" that there won't be laws to keep the identities of rape defendants secret. The government promised back in May that it would give anonymity to anyone accused of rape in England and Wales - but ministers now say they won't put in place new laws to make this happen. Margaret Gardener from the False Allegations Support Organisation says she's "angry, because nobody seems to be listening to those that are falsely accused". She added people who are accused of rape become "media fodder, and their lives are absolutely finished with" - whether or not they are later found guilty. It's thought between 3% and 9% of all rape reports turn out to be false. (more) Source: BBC Newsbeat … [Read more...]
Child sex abuse defendants could be granted anonymity
June 30, 2010 from Leave a Comment
Family welfare charities fear coalition proposals will discourage victims from reporting serious assaults Defendants accused of sexually abusing children or of domestic violence could be granted anonymity for the first time, under the coalition government's first legislative programme. David Cameron is considering affording the legal right of anonymity to more crimes carrying the greatest social stigma, in an attempt to limit the "reputational damage" caused to the lives and careers of anyone falsely accused. The move is an extension of the suggestion that defendants in rape cases should not be named until conviction – a proposal that sparked a furious response when it appeared in the coalition's first Queen's Speech last month. Opponents claimed this weekend that granting anonymity to rape defendants would "reinforce the misconception that lots of women who report rape are lying" – and reduce the numbers of witnesses or other victims coming … [Read more...]
Prime Minister responds to MPs concern over plans to give those accused of rape anomymity
June 12, 2010 from Leave a Comment
Q5. [1330] Caroline Flint (Don Valley) (Lab): “The Coalition: our programme for government” states: “We will extend anonymity in rape cases to defendants.” May I ask the Prime Minister why he believes that defendants in rape cases are more deserving of anonymity than those accused of murder, domestic violence or sexual abuse of children? The Prime Minister: I know that the right hon. Lady cares very deeply about this issue—the key issue of getting the conviction rate for rapists up—as do I. I know that she gave a good speech on the subject in an Adjournment debate. What I would say is that none of us should ignore the fact that somehow there is a problem with this. We know that a lot of people are falsely accused, whose careers and lives can be blighted—[Interruption.] Opposition Members shake their heads, but in some cases people have committed suicide. One of the proofs is that when the right hon. and learned Member for Camberwell and Peckham (Ms Harman), now … [Read more...]
The Guardian covers Jim Watts case
June 2, 2010 from Leave a Comment
Jim Watts, 57, a former disability bus driver, is serving a 12-and-a-half year jail sentence for sexually assaulting four severely mentally and physically disabled women.But there are serious concerns, raised by his legal team, that Watts, a married father of two, has been the victim of a gross miscarriage of justice, and that his case could serve as a significant deterrent to people thinking of working with severely disabled people. Watts's trial last October was described throughout by the judge as "highly unusual". None of the women could give evidence in court. Two (referred to as women 2 and 3) were able to give evidence via video link – one communicated by looking up for yes and down for no, the other used a computer and voice synthesiser. Another of the women could not communicate at all, and the fourth had had a severe stroke. None of the women, along with the North Devon care home and Watts's employer, can be named, for legal reasons. Watts maintains … [Read more...]
