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19 July 2020
Issue: 7896 / Categories: Legal News , Constitutional law , Human rights
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Fair trial for Isis recruit

Shamima Begum, one of three east London schoolgirls who joined Isis in Syria in 2015 when she was 15 years old, will receive a fair trial only if she is allowed to return to the UK, the Court of Appeal has held

Begum is appealing against the government’s decision last February to revoke her citizenship. She is currently living in a refugee camp in Syria. The other two girls are believed to have died.

Ruling in Begum v Special Immigration Appeals Commission & Ors [2020] EWCA Civ 918 last week, Lord Justice Flaux, giving the lead judgment, said it was ‘unthinkable’ that Begum should contest her case from Syria.

On the point of whether she left for Syria of her own free will, Flaux LJ said: ‘I would be uneasy taking a course which, in effect, involved deciding that Ms Begum had left the UK as a 15 year old schoolgirl of her own free will in circumstances where one of the principal reasons why she cannot have a fair and effective appeal is her inability to give proper instructions or provide evidence.’

He agreed with human rights organisation, Liberty, intervening, that that if she can participate in her appeal, then it will be possible to explore the circumstances by which she left the UK, and whether she travelled of her own free will.

Katie Lines, a barrister working as a lawyer at Liberty, said: ‘It is a fundamental part of our justice system and equal access to justice must apply to everyone.’

A Home Office spokesperson said the decision was ‘disappointing’ and they would be seeking leave to appeal.

Issue: 7896 / Categories: Legal News , Constitutional law , Human rights
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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.

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