Blog
Private prosecutions – A route to justice for the charity sector
Sophie Tang
28 April 2017
UK prisons: is there any hope?
The Council of Europe’s Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (CPT) has published a report on its visit to the UK in which it sets out ‘serious concerns’ over the safety of inmates and staff in English prisons.
28 April 2017
International Criminal Law – A month in review – March 2017
Colombia
On 13 March 2017, the Colombian Senate approved a constitutional reform to create a special war crimes courts. The transitional justice system will consist of a truth commission, an investigatory unit to find missing people, and a temporary court to try war crimes committed before 1 December 2016. Click here for news on this story.
26 April 2017
A new criminal offence for corporates that fail to prevent human rights abuses?
On 5th April this year the Joint Committee on Human Rights published its report into human rights and business issues in the UK. Entitled “Human Rights and Business 2017: Promoting responsibility and ensuring accountability” the report is important reading for business leaders, lawyers, consumers and NGOs alike.
24 April 2017
When can the High Court quash a police force’s crime-recording decision?
That in summary was the question for the High Court in R (on the application of Pitts) v Commissioner of Police for the Metropolis [2017] EWHC 646 (Admin) (see here for the judgment). The Court held that a decision by a police force to record a crime could only be successfully challenged if it was shown to be (in public law terms) unreasonable or irrational. This is a significant threshold to cross. The court will ordinarily afford the relevant police force deference in its decision-making processes in such matters. Claimants should note this and would be advised to proceed cautiously before bringing claims for judicial review against a police force in respect of crime-recording decisions.
20 April 2017
Failing to observe the duty of candour – City of London Police production order quashed
In a case which once again raises concerns over investigators’ failures to meet their duty of candour when applying to the courts for invasive orders (search warrants or productions orders), the City of London Police was the subject of trenchant criticism by the high court for serial non-disclosure in an application for a production order and abusing its statutory powers under the Proceeds of Crime Act 2002 (POCA).
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