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Crime brief: 24 March 2023

24 March 2023 / David Walbank KC
Issue: 8018 / Categories: Features , Procedure & practice , Criminal , Human rights
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David Walbank KC examines the relevance of gender identity within the context of extradition requests
  • Law and politics.
  • Transgender women in the prison estate.
  • Society’s changing mores.

The borderlands between law and politics are endlessly fought over. The front lines are constantly shifting. Similar dilemmas can have very different outcomes, depending on whether battle is joined in a court of law, or in the rather more fickle court of public opinion.

This phenomenon is strikingly illustrated by the controversy which, in the view of many, elevated some embarrassing polling data into a full-scale resignation issue for the first minister of Scotland, Nicola Sturgeon. If nothing else, it seems to prove that in politics, as in life, timing is everything. Having found herself on arguably the wrong side of the debate about the incarceration of transgender women in women’s prisons, the hitherto untouchable leader of the Scottish National Party would doubtless look with a quizzical eye on the recent decision of the Administrative Court in Prusianu

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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