News
Sixty Chambers Meet to Condemn AGFS Cuts
Heads of chambers have said the government’s revamped advocates graduated fee scheme (AGFS) will have a ‘catastrophic’ impact on their budgets and on individual barristers’ careers.
The Criminal Bar Association (CBA) said that the latest legal aid reform, under which criminal advocates’ pay will be based on the seriousness and complexity of the work rather than the number of pages in a case, was constructed against the backdrop of a 40% fee cut.
Row Over Manslaughter For Healthcare Professionals
The legal bar for convicting healthcare professionals of manslaughter is currently "too low", a medical defence organisation has said.
The Medical Protection Society say that a "striking feature" of the law in England and Wales is that "intent, carelessness, or recklessness" is not required for a conviction, and that opportunities to reform the law "have not been seized".
Their comments come in response to a Government review into the use of gross negligence manslaughter in healthcare following the handling of the case of Dr Hadiza Bawa-Garba.
Plea via FaceTime from Thailand
Drum and bass star Goldie appeared in court via Facetime from Thailand when a judge refused to delay the hearing.
The DJ and actor - real name Clifford Price - was charged with assaulting a security guard at last year's Glastonbury festival.
Cases
International
Scottish Bill Proposes Criminal Responsibility Age Increase (8 to 12)
A bill has been published to raise the minimum age of criminal responsibility in Scotland from eight - the lowest in Europe - to 12.
It will mean no child under 12 will receive a criminal record. Currently they can go before a children's hearing from the age of eight and have these judgements added to their criminal record.
Other
'Video evidence is taking over – and damaging the credibility of our courts'
An article written by an anonymous magistrates' court legal advisor raising concerns about the use of video evidence in criminal proceedings.
The Impact of the Use of Pre-Recorded Evidence on Juror Decision-Making: An Evidence Review
A systematic review of existing research on pre-recorded evidence and jury decision making, finds that:
- No compelling evidence that pre-recorded evidence or live-links, by child or adult witnesses, has a significant effect on verdicts.
- In respect of children, jurors may harbour a preference for evidence delivered live and in person. However, the evidence suggests that this does not translate in any consistent or reliable way into verdict outcomes.
- In respect of adults, the evidence base is significantly more limited, but studies in Australia and England indicate that the use of pre-recorded evidence or live-links by adult female rape complainants does not significantly influence (mock) jurors’ verdicts.
A summary of the study is here.
Obscurity
Impeding a Person Saving Themselves From a Shipwreck
Unlawfully and maliciously impeding a person who, having 'quitted' a ship which is wrecked, is endeavouring to save their own life, is contrary to section 17 of the Offences Against the Person Act 1861.