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Crime brief: 7 & 14 April 2023

07 April 2023 / David Walbank KC
Issue: 8020 / Categories: Features , Procedure & practice , Criminal , Rule of law , Human rights
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The Supreme Court has warned that those on the losing side of a political debate should not then resort to undermining legislation: David Walbank KC reports
  • Abortion services in Northern Ireland.
  • Legislative competence of Northern Ireland Assembly.
  • Respect for democratic process and rule of law.

We live in lawless times. However, today's ‘outlaws’ are not just the usual rogues’ gallery of murderers, rapists, thieves and fraudsters. It sometimes seems that the spirit of lawlessness has infected our ruling classes, with ministers and parliamentarians talking with abandon about flouting the law of the land or breaking international law. Indeed, the Supreme Court has recently bemoaned the fact that on occasion nowadays ‘those in public office are not prepared to comply with their legal obligations because they disagree with the relevant law’ ([2022] UKSC 32).

Legislative manoeuvres

The background to Reference by the Attorney General for Northern Ireland—Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2022] UKSC 32, [2022] All ER (D) 25 (Dec)

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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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