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Justice in Wales

30 October 2019
Issue: 7862 / Categories: Legal News , Constitutional law , Legal aid focus
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Wales should have powers to appoint its own judges and run its own legal aid system, a major report chaired by former Lord Chief Justice, Lord Thomas of Cwmgiedd, has concluded.

The Commission on Justice in Wales report, published last week after a two-year consultation process, also suggested treating the law in Wales as distinct from the law in England, giving the Welsh their own legal system.

Lord Thomas said: ‘The way that responsibilities are split between Westminster and Cardiff has created pointless complexity, confusion and incoherence in justice and policing in Wales.’

The Chartered Institute for Legal Executives said it shared the commission’s concern about the adverse effects of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on the legal aid system. It said its members were ‘increasingly dealing with legislation passed by the Welsh Assembly and judgments from Welsh tribunals which are distinct from their counterparts in Westminster and the courts of England and Wales, and we recognise that this divergence will only increase over time’.  

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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