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30 May 2014 / Sir Geoffrey Bindman KC
Issue: 7608 / Categories: Features
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Putting our leaders on trial

Impeachment is not an effective weapon by which to hold our leaders to account, says Geoffrey Bindman QC

The resignation of a cabinet minister following allegations of misconduct is an unusual event. Does our constitution have the means to hold our leaders to account?. In the case of Maria Miller MP, resignation seemed to remove the pressure for any further action. Yet no one talked about impeachment. This is the historic process by which the House of Commons could procure the trial of a senior public servant or government minister for “high crimes and misdemeanours”. Is it still relevant?

The last impeachment in England, in 1805, was of Viscount Melville, William Pitt’s former Home Secretary Henry Dundas. He was acquitted of misappropriating public funds. But the great legal historian Holdsworth thought in the 20th century that impeachment “might still be a useful weapon in the armoury of the constitution because it embodies the sound principle that ministers and officials should be made criminally liable for corruption, gross negligence or other misfeasances in the

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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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