Blog, Criminal »

[ 29 Aug 2014 | No Comment ]
Domestic abuse: how to tackle non-violent control

Those who abuse their partners through coercive and controlling behaviour, such as depriving them of money, could face prison under a proposed new offence. The government is seeking views on whether a specific, non-violent domestic abuse offence will help tackle the problem by making police take the crime more seriously and showing perpetrators and victims of abuse that such behaviour is wrong. Comments on the proposal are requested by 15 October 2014.
What is the rationale behind the proposed creation of this new offence?
There is currently no offence of domestic violence. …

Blog, Family »

[ 28 Aug 2014 | No Comment ]
Are surrogates and parents losing out due to a lack of global surrogacy laws?

A Thai surrogate mother, C, gave birth to twins on behalf of Australian nationals D and WF in an arrangement where C was paid £9,000. When one of the twins, G, was born with Down’s syndrome, C alleged that D and WF abandoned the baby boy, taking only the healthy sister back to Australia. D and WF deny this.
How has this recent story ignited the debate on international surrogacy?
It has raised questions over the morality of surrogacy in third world destinations and the legal status of all involved. This has …

Blog, Criminal, Legal Profession & Courts »

[ 28 Aug 2014 | No Comment ]
Victims’ right to review – could it affect the criminal justice system?

Several criminals have been found guilty after victims of crime successfully appealed against the CPS’ original decisions not to bring charges. What has been the effect of the introduction of the “right to review scheme”? And could it affect the criminal justice system?
What have been the consequences of the introduction of the CPS’ right to review scheme?
According to the BBC, 146 suspects have so far been charged with offences after their alleged victims appealed against decisions not to prosecute, including 80 cases of violence and 27 involving alleged sexual offences.
This …

Blog, Headline »

[ 19 Aug 2014 | No Comment ]
What’s in store for family migrants after the Court of Appeal decision in MM?

By Kathryn Denyer
Since 28 July the Home Office has resumed processing applications that were on hold pending the Court of Appeal decision in MM. In that case, the Court of Appeal held the minimum income threshold and associated documentary requirements set out in Appendix FM and Appendix FM-SE to the Immigration Rules to be lawful.
It is no coincidence that processing re-commenced on this date, which was also when s 19 of the Immigration Act 2014 came into effect. Section 19 sets out into primary legislation the public interest considerations that …

Family, Headline, Human Rights »

[ 14 Aug 2014 | No Comment ]
Baby removed from mother at birth: a look at reporting restrictions orders

M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would …