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14 February 2008
Issue: 7308 / Categories: Legal News , Public , Legal services , Human rights
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Statwatch

In Brief

Serious Crime Act 2007 (Commence­ment No 1) Order 2008 (SI 2008/219) Commences 15 Febru­ary 2008 and 1 March 2008. These provisions relate mainly to powers available to authorities for combating fraud, and the abolition of the Assets Recovery Agency. Also, if a member of the Serious Organised Crime Agency’s staff applies for a disclosure order, an application to discharge or vary the order need not be made by the same member of staff.  

 

Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2008 (SI 2008/167) Commenced 1 February 2008. Brings into effect revised Police and Criminal Evidence Act 1984 (PACE) codes of practice (codes A to E). The changes: clarify stop and search powers under PACE, s 1(9); implement Lord Carter’s review of legal aid procurement (published on 13 July 2006); enable the police to caution suspects in Welsh where appro­priate; and enable the audio recording of interviews on secure digital network to be piloted. Reflects other minor legislative changes and makes minor corrections to the previous code of practice. Includes the ability for police to photograph people given a direction to leave and not return to a specified location for up to 48 hours under the Violent Crime Reduction Act 2006, s 27 (code D). Clarifies the definition of offensive weapons under PACE, s 1(9) (code A). Introduces reforms in rela­tion to the arrangements for providing publicly funded legal advice at police stations in straight forward matters via the CDS Direct service (code C).
 
 
Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) Order 2008 (SI 2008/132) Commences 29 February 2008. Specifies a maximum penalty of £10,000 which may be imposed by the secretary of state under the Immigration, Asylum and Nationality Act 2006, s 15(2) on an employer who acts contrary to that section in the employment of an adult subject to immigration control.
 
 
CHOICE FOR BARRISTERS
The Bar Standards Board (BSB) says that long-standing restrictions on how barristers are allowed to prac­tise—notably the “cab-rank” rule and the prohibition on partnerships—need to be questioned. It says that remov­ing some of the restrictions will give barristers more options about how they choose to practise and it will be for them to decide whether to take advantage of the new opportunities. BSB chairman Ruth Evans says: “The policy purpose of the Legal Services Act 2007 is to increase choice in legal services by creating a permis­sive framework for different models of practice. This will mean the emer­gence of new types of consumer-oriented, legal businesses.”
 
 
UNLAWFULLY DETAINED
The Court of Appeal has ruled that police unlawfully detained a 16-year­old persistent offender while they waited for a charge decision from the Crown Prosecution Service. The offender was detained for three hours after returning to police having been charged following an attack on bus passengers. Sir Igor Judge ruled “with reluctance” that guidance used by the director of public prosecutions under the Police and Criminal Evidence Act, s 37A was “not adequate to create the power which the custody officer believed he was exercising” and was in conflict with the Criminal Justice Act 2003.
 
 
WAG PANEL
The list of law firms that have won the right to provide legal services to the Welsh Assembly government (WAG), certain assembly government sponsored bodies, and the Office for National Statistics for the next four years were announced this week. Bevan Brit-tan, Browne Jacobson, Eversheds, Geldards, Hugh James, Morgan Cole, Ashfords and Beachcroft won places on the WAG panel following a tender process and will provide advice on property and commercial law, corpo­rate finance, litigation, employment and environmental law.
Issue: 7308 / Categories: Legal News , Public , Legal services , Human rights
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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
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’
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
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