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04 October 2007 / Jon Newman
Issue: 7291 / Categories: Features
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Fundamental justice

Our justice system should be driven by integrity and fairness, not just economics, says Jon Newman

Any MPs who had been hoping for a gentle return from the summer break may be feeling a little aggrieved. On 8 October the House of Commons resumes business with the second reading of the Criminal Justice and Immigration Bill. This is a major piece of legislation, spanning 129 clauses, 23 schedules and 236 pages.

The task will perhaps be eased by the extensive practice many members have had in scrutinising criminal justice proposals. Since 1997, more legislation has emanated from the Home Office than the preceding 100 years. Last year, the volume of fresh law had reached such a level it was reported that Labour was establishing new offences at double the rate of the previous Conservative administration (The Independent, 16 August 2006).

The danger is that this Bill becomes “just another” in the series, merely adding to the pile of legislation which many believe is congesting the system. However, two key factors distinguish it from its predecessors:
- It is

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NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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