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28 July 2023 / Dr Jon Robins
Issue: 8035 / Categories: Opinion , Criminal
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Criminally in need of reform?

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Other countries must exercise caution when drawing inspiration from the UK’s Criminal Cases Review Commission, Jon Robins argues

A decision by the New South Wales Attorney-General in June to pardon a mother for the murder of her children has prompted calls in Australia to introduce their own version of our Criminal Cases Review Commission (CCRC). The CCRC, set up in 1997, was the first ever miscarriage of justice watchdog and over its short life has proved a popular legal export. There are similar bodies in Scotland, Norway, and New Zealand, and Canada is looking at introducing one.

Improving accuracy

Kathleen Folbigg served 20 years for the murder of three of her infant children and the manslaughter of a fourth child, but will now be spared the rest of her 30-year sentence. In June, I took part in a debate on the Australian Broadcasting Corporation (ABC)’s Law Report programme, presented by lawyer Damien Carrick. He pointed out that the campaign to exonerate the mother took two investigations and ‘the unprecedented involvement’

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NEWS
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.

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