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26 July 2007 / Adrian Turner
Issue: 7283 / Categories: Features , Legal aid focus , Profession
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Re-balancing justice

How has the criminal justice system changed under Labour? Adrian Turner investigates

The Conservative party has long been proud to call itself the party of law and order, but the Margaret Thatcher years saw little significant development in criminal justice policy until the enactment of the surprisingly liberal—if not socialist in relation to unit fines—Criminal Justice Act 1991. It was not until Michael Howard became home secretary that the mantle was picked up with any real “right wing” intent, and it proved popular. This would not have escaped the notice of the New Labour image makers, but with the leading personnel that the party had we would probably have seen a “tougher” Labour government in any event. It was thanks to the opposition that the last Conservative administration was able to get the Crime (Sentences) Act 1997—mandatory sentences and all—onto the statute books before the general election.

INITIAL LABOUR REFORMS

Following its electoral triumph, the new government set about the reform of criminal justice as it had promised. Some of this—such as the procedural

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MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

Bird & Bird—Gordon Moir

Bird & Bird—Gordon Moir

London tech and comms team boosted by telecoms and regulatory hires

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
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