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21 October 2022 / Sir Geoffrey Bindman KC
Issue: 7999 / Categories: Features , Rule of law , Human rights
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Keeping British democracy alive

98005
Are we still committed to the rule of law? Sir Geoffrey Bindman KC considers recent government moves & some concerning historical parallels

A government which denigrates and abandons human rights safeguards needs to be reminded of the struggles and achievements of the last two centuries in developing a justice system which seeks to protect all on equal terms. It is easy to overlook the progress that has been made, and we must not throw it away.

The long road here

Consider the Peterloo Massacre of 1819, when 17 peaceful citizens, gathered in the centre of Manchester to hear a speech by the leading radical Henry ‘Orator’ Hunt, were killed by soldiers on horseback who attacked them with sabres. Instead of prosecuting the killers, the government prosecuted the organisers of the meeting for conspiracy and unlawful assembly. They were tried, convicted, and imprisoned (see my article ‘Peterloo remembered’, NLJ, 7 December 2018, p22).

After the French Revolution in 1789, pressure for democracy had grown in Britain.

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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