header-logo header-logo

21 February 2008 / Peter Ferguson KC
Issue: 7309 / Categories: Opinion , Legal services , Procedure & practice , Profession
printer mail-detail

Playing with fire

The government should think again about tampering with the law on technicalities and unsafe convictions, says Peter Ferguson QC

Nearly 18 months ago the government published a brief consultation paper on how it should amend the law to prevent defendants getting their convictions quashed on grounds which did not call into question their guilt (Quashing Convictions, September 2006). I expressed some concern at the government’s paper, which sought views not on the desirability of the objective but merely on the means of achieving it (see 156 NLJ 7245, pp 1582–84). After a short consultation period the Ministry of Justice, in June 2007, introduced the Criminal Justice and Immigration Bill which was carried over into the next session. Part 3 of the Bill deals with appeals (see 157 NLJ 7282, p 1039). There are three clauses which merit closer examination.

 

CLAUSE 42

Clause 42 of the Bill, in its present form now before the House of Lords, amends the Criminal Appeal Act 1968 (CAA 1968),

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft further builds national Professional Liability practice, hiring two partners in Bristol

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll