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13 April 2007 / Michael Zander KC
Issue: 7268 / Categories: Features , Local government , Public , Community care
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Change of PACE

Michael Zander QC considers whether the new Home Office review of PACE is good news

The Home Office has established a fresh and fundamental review of PACE, Modernising Police Powers: Review of the Police and Criminal Evidence Act 1984. The consultation paper (CP), issued on 14 March 2007, calls for suggestions on a great variety of topics. It is difficult to know whether the prospect should be viewed with optimism or pessimism. What is the agenda driving the review? Does it portend dismantling or weakening of basic PACE structures and systems or will it lead to useful improvements? Is the consultation exercise genuine or merely a cover for changes the Home Office has already decided on?

In his foreword, the Minister for Police and Security, Tony McNulty, having lauded the safeguards in the system, writes of “bureaucratic processes and over-complicated procedures in the application of these safeguards which do not serve the best interests of the police, or the criminal justice system or, importantly, those of the victim”. This sounds like mood

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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