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24 March 2023 / David Walbank KC
Issue: 8018 / Categories: Features , Procedure & practice , Criminal , Human rights
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Crime brief: 24 March 2023

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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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
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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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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