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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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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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