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[ 21 Jul 2014 | No Comment ]
Where does Lindsay Sandiford’s appeal leave the funding of lawyers abroad?

What is the background to this case?

The appellant is a British national who was convicted of drug trafficking offences in Indonesia and sentenced to death. She is currently awaiting execution in prison in Bali. The respondent claimed to have a strict “bright line” policy never to provide legal funding in criminal proceedings abroad, even where the death penalty may apply. The Supreme Court granted permission to appeal from the judgment of the Court of Appeal only on the issue of whether the respondent’s policy was irrational or incompatible with the …

Blog, Featured, Human Rights »

[ 21 Jul 2014 | No Comment ]
Mental Capacity Bill: lessons from Northern Ireland

By Alexander Ruck Keene
Almost unnoticed in England, the first part of a new draft Mental Capacity Bill has recently been published in Northern Ireland (out for consultation until 2 September 2014), along with the proposals for those subject to the criminal justice system. The civil provisions in the draft Bill – which applies to those over the age of 16, appear at first blush superficially similar to the Mental Capacity Act 2005 (MCA 2005). Terms such as “capacity” and “best interests” appear, and the tests for the assessment of both …

Blog, Featured, Human Rights, Uncategorized »

[ 17 Jul 2014 | No Comment ]
Google “Right to be forgotten” – freedom of expression v privacy

By Caroline Benham
In the context of the draft EU General Data Protection Regulations (the Draft Regulations) – which will replace the current EU Data Protection Directive 95/46/EC (the Directive) – should the European Court of Justice’s (ECJ) Google Spain “Right to be forgotten” ruling be welcomed? Is it testing the “right to be forgotten” contained in the Draft Regulations before it is enshrined in legislation, or does it simply amount to the clumsy implementation of a “new” right without a democratic debate on its wider implications?
Whatever the answer, the ruling has polarised …

Blog, Criminal, Featured, Human Rights »

[ 15 Jul 2014 | No Comment ]
Impact of legal aid cuts on the Citizens Advice Bureau

By Pat Feast and James Hand
The cuts in legal aid for professional advice wrought by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) may be seen to have increased the opportunities – and workload – for volunteers and charities. Indeed, there are reports that the government intends to fill the gap regarding divorce by setting up law centres run by students (see here and here). However, the cuts, often portrayed as affecting “fat cat” lawyers, can harm charitable and volunteer services as can be seen through the example …

Blog, Criminal, Featured, Legal Profession & Courts »

[ 10 Jul 2014 | No Comment ]
Rolf Harris’ sentence was both lenient and excessive

By Lyndon Harris
Last week, Rolf Harris was sentenced to five years nine months’ imprisonment for 12 indecent assaults committed against four female victims – including one aged just seven or eight. The sentencing remarks can be viewed here, and a summary of the case here. There are a number of other complainants who made allegations which were not, or have not (yet), been proceeded with.
Felicity Gerry wrote for HLE earlier in the week about the indecent image counts (not proceeded with) and the use of the Internet by paedophiles.
The sentencing …