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Crime Bill threatens justice

24 January 2008
Issue: 7305 / Categories: Legal News , Public , Legal services , Constitutional law
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Crime Bill

Sections of the Criminal Justice and Immigration Bill are “unnec­essary and undesirable” and would “undermine the operation of the courts”, the Bar Council and the Criminal Bar Association (CBA) claim.

The Bill seeks to amend the test applied by the Court of Appeal when considering an appeal against conviction, including cases where there has been an abuse of the investigative or pros­ecution process. It also proposes extending the powers of non-legally qualified case workers to conduct trials for serious offences in magistrates’ courts. 

Sally O’Neill QC, chairman of the CBA, says: “Cases involving contested facts, issues of law, and serious allegations with imprison­ment as a possibility, should be conducted by properly qualified advocates who are subject to independent regulation otherwise there will be an increased risk of miscarriages of justice.”

Bar chairman, Tim Dutton QC, says cl 42 of the Bill attempts to amend the test applied by the Court of Appeal when considering an appeal against conviction.

“It is in part unnecessary and undesirable because it will alter the role of the Court of Appeal from a court of review to a tribu­nal of fact. It does not recognise the way in which the rules of crim­inal appeals currently operate. It will increase cost and delay,” he says.

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
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