In what appears, at least to the laymans eyes, a reversal of previous view of the Appeal Court the Supreme Court Court have ruled that a teaching assistant accused of acts of abuse of trust with a pupil was not entitled to legal representation in school disciplinary proceedings which might lead to a referral to [...]
Supreme Court rules that teaching assistant not entitled to legal representation in disciplinary proceedings.
The Supreme Court have handed down their judgement (here) in the case of three men who claimed compensation for being wrongly convicted. By a narrow majority, the judges held that a miscarriage of justice occurs “when a new or newly discovered fact shows conclusively that the evidence against a defendant has been so undermined that [...]
Puri, R (on the application of) v Bradford Teaching Hospitals NHS Foundation Trust  EWHC 970 (Admin) (15 April 2011) This case refers to a claim for judicial review of two decisions of the defendant, the Bradford Teaching Hospitals NHS Foundation Trust. Essentially, the issue is whether Article 6 ECHR was engaged in the disciplinary [...]
Sex offenders in England and Wales are set to be given the right to appeal against having to register with the police for life.
This is an extract from a news report on the BBC website Thousands of sex offenders in England and Wales are set to be given the right to appeal against having to register with the police for life. Home Secretary Theresa May said the government would make the “minimum possible changes” to comply with a [...]
CPS to established a specialist Appeals Unit that will take on new cases in the appeal courts, including all work involving the Criminal Cases Review Commission
CPS opens specialist Appeals Unit Media release : 26/01/2011 The Crown Prosecution Service (CPS) has established a specialist Appeals Unit that will take on new cases in the appeal courts, including all work involving the Criminal Cases Review Commission and Unduly Lenient Sentences. Keir Starmer QC, the Director of Public Prosecutions, said: “The CPS is [...]
The following article by Tom Whitehead, Home Affairs Editor appeared in the Daily Telegraph on 31st January 2011 The Coalition Government has pledged to dramatically reduce the time period that police can retain samples of people who were not charged or convicted of offences. It follows a ruling by the European Court of Human Rights [...]
Supreme Court rule the practice of the police in Scotland interrogating detainee without access to legal advice is unlawful
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 [...]
Two sex offenders today win the right to challenge their lifetime inclusion on the sex offender register
Two sex offenders today won the right to challenge their lifetime inclusion on the sex offender register after complaining that it breached their human rights. The ruling in the Supreme Court opens the way for hundreds of other sex offenders placed on the register for life to seek to have their details removed. The offenders, [...]
Police forces can keep a record of spent convictions on a single central database without breaking data protection laws, the Court of Appeals has said. Police would have had to delete a million records from their system if they had lost. The Court reversed orders of the Information Commissioner’s Office (ICO) and the Information Tribunal, [...]