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25 May 2012 / Roger Smith
Issue: 7515 / Categories: Opinion , Human rights
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Principle players

Roger Smith rounds up recent human rights developments

The UN inches towards a statement of the principles and guidelines on access to justice in criminal matters. Its Commission for Crime Prevention and Criminal Justice adopted draft provisions in Vienna at the end of April. The Commission’s recommendation should be enough to see the guidelines formally agreed by the UN itself.

Criminal legal aid

The principles, which might become helpful to defenders of criminal legal aid from domestic cuts, require prompt access to legal aid at all stages of the criminal justice process. Paragraph 21 states that this is to be done: “Regardless of means, if the interests of justice so require, for example, given the urgency or complexity of the case or the severity of the potential penalty.”

Such a provision inhibits attempts by government to cut the police station duty solicitor scheme or to impose charges, as originally suggested in the Bill that became the Legal Aid, Punishment and Sentencing of Offenders Act (LASPO).

Interestingly, the process was led by two countries both

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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