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16 December 2022 / David Walbank KC
Issue: 8007 / Categories: Features , Procedure & practice , Criminal , Immigration & asylum
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Crime brief: 16 December 2022

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David Walbank KC examines what a ‘foreign criminal’ can be expected to do to escape homophobic violence following deportation
  • Persecution of the LGBQT community in foreign states.
  • Deportation of ‘foreign criminals’. 
  • Relevance of criminal convictions in the UK.

The World Cup in Qatar has put the whole issue of LGBQT rights under the spotlight and has forcefully reminded us that the liberal approach of the Western democracies is by no means mirrored across the globe, even in those states that wish to gain acceptance among the family of nations. The treatment of those who identify as gay, lesbian, bisexual, transgender or non-binary arises with increasing frequency in the criminal courts, not least when it comes to the rights of individuals whom the government wishes to deport to their countries of origin. It recently came before the Supreme Court in SC (Jamaica) v Secretary of State for the Home Department [2022] UKSC 15, [2022] All ER (D) 38 (Jun).

Fleeing Jamaica

SC was born in Jamaica

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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