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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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