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

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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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