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31 January 2025 / Dr Victoria McCloud
Issue: 8102 / Categories: Opinion , Profession , Media , Human rights
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Hear evil, see evil, keep schtum?

206031
Retired judge Victoria McCloud gives a personal analysis of the implications of new restrictions on judges’ freedom of speech in England & Wales

‘The universally recognised Bangalore Principles of Judicial Conduct identify six core values that should guide each judge’s work and Retired judge Victoria McCloud gives a personal analysis of the implications of new restrictions on judges’ freedom of speech in England & Wales, namely independence, impartiality, integrity, propriety, equality, and competence and diligence. When using social media, judges should always be guided by the Bangalore Principles …’ (UNODC Guidance, Global Judicial Integrity Network, UN Doha Declaration).

Judges have the usual rights to freedom of expression, including under Art 10 of the European Convention on Human Rights (ECHR), now buttressed by the Nauru Declaration 2024 on Judicial Wellbeing, emphasising the human rights of judges and signed by representatives of UK judges’ groups and representatives from many other nations. The nature of the role imposes responsibilities usefully encapsulated in the core principles above. Art 10 allows laws

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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