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Crime and justice

21 May 2015

Potential for miscarriages of justice in historic sex claim investigations

A combination of reports published this week heralds the increase in potential miscarriages of Justice in cases which concern allegations of historic sexual abuse...

18 May 2015

Polish judicial Authority v Celinski: the end of Article 8 in extradition?

On 6 May the Administrative Court (consisting of Lord Thomas CJ, Ryder LJ and Ouseley J) handed down judgment in the case of Celinski and others, and established the proper approach to be taken in extradition cases (both at first instance and on appeal) where a requested person relies on Article 8 of the European Convention on Human Rights (the right to private and family life). 

Ed Smyth

18 May 2015

Michael Gove is given 100 days to abolish the Human Rights Act

Michael Gove, the new Justice Secretary under the Conservative government, is being tasked with the abolition of the Human Rights Act 1998 (“HRA”) as contained in his party’s election manifesto and a key part of the new government’s 100-day policy offensive. The Conservative party promised that the HRA would be repealed and replaced with a British Bill of Rights.

5 May 2015

Criminal ramifications for ‘sexting’ teenagers

‘Sexting’ – the act of swapping indecent images via phone messages or social media – is a problem. Whilst the thought of your naked selfie being passed around your peers is abhorrent enough, for those under the age of 18 the threat of police involvement is far more worrying. 

Sophie Wood

29 April 2015

Private prosecutions for crimes of Universal Jurisdiction

Private prosecutions are a historic feature of the criminal justice system, and have persisted despite the creation first of the Director of Public Prosecutions (DPP) in 1879 and later of the Crown Prosecution Service (CPS) in 1986.

The first procedural step for any private prosecutor is to lay an information at a magistrates’ court. Section 1 of the Magistrates’ Courts Act 1980 governs such courts’ issuing of process; that is, on the laying of an information, the issue of a summons or an arrest warrant concerning the person named in the information (the suspect), in order to bring the person before the court to answer to the allegation...
 

Ed Smyth

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