Weekly Round Up 13.07.12
CBA News:
Chairman’s Update:
The election for Vice Chairman is still running. I attach the manifestos for John Cooper QC HERE, Kerim Fuad QC HERE, and Nigel Lithman QC HERE. You can vote by going to the CBA website and logging in with your personal password. Every member who has signed and returned their Direct Debit mandate, and who is therefore a paid-up member entitled to vote, will have already been sent a password by email from our Administrator Aaron Dolan. If you have not signed the mandate, I attach a copy HERE. If you have lost your password, or are only now signing and returning the mandate, you should contact Aaron by email or by phone (0207 242 1289) from 9am on Monday morning, 16th July, when he will be available to help you. All paid-up members should have no difficulty in voting now. The website is working. The manifestos are there, too. The election closes at 4pm on Friday 20th July. Good luck to all three candidates.
Louise Shorter is continuing the research she is doing for us. She asks to be contacted by anyone who has experienced financial hardship and is also appealing for case examples where justice has not been done. If you know of a case which has not progressed to court despite it’s apparent serious nature and you suspect this is because of financial constraint faced by the police please contact Louise on 0844 879 8450 or 07528 44 33 35 or [email protected] in confidence. If you know of a miscarriage of justice case also, you think, caused by the difficulties facing the criminal justice system, again, please contact Louise.
The QASA consultation opened yesterday, and runs until 9th October. You can read the full consultation paper HERE. Michael Turner QC will be leading the CBA response. Whilst the CBA continues to support a QASA with the correct terms and principles, there is much in the draft scheme with which we fundamentally disagree, and on which we shall respond at length. If you wish to send your personal views to Michael, you can do so via Aaron. As you may know, or can check with any Bar Council member whom you know, I spoke about QASA during Saturdays Bar Council meeting, and was supported by many of the Circuit Leaders and other Specialist Bar Association Chairs. You can read what I had to say, from the Bar Council Minutes, HERE
On Tuesday, I was invited to address a Conservative Police Forum meeting, on the topic of the future of the CPS. You can be sure that I addressed the many problems faced by the CPS, together with their faults and failures in significant areas, as well as the clear need for the effective and continued use of independent prosecution advocates from the criminal Bar.
On Wednesday I met with Lord Justice Gross to assist with his ongoing review of disclosure. In particular, I set out the need for greater training and expenditure on prosecution disclosure systems, without which cases and confidence fall apart.
On Thursday, I attended the Old Bailey Chambers lecture given by Professor Ian Dennis on Defences to Murder. I congratulate OBC on running an excellent and well attended event. Afterwards, I was a guest of the Institute of Barristers Clerks at their Annual Dinner. My thanks to them for bringing all arms of the Bar together, and for their hospitality.
I am now en route to Winchester for the Western Circuit Grand Night. Please say hello if you are there. For those in London, I am sure that Alex Carlile will provide a forceful analysis of government policy towards the criminal justice system, when he addresses the South Eastern Circuit Annual Dinner.
The Government has just announced further intended criminal justice reforms. No fee cuts this time, nor OCOF-related. There are a number of proposals in relation to the administration of the criminal courts. A summary of the proposals is set out below:-
Some aspects of the reform programme are at an early stage of development, including proposals to:
- empower a lay magistrate to deal with certain uncontested, low-level cases on his or her own (see paragraphs 119 to 123);
- introduce a monetary threshold for the either way offences of theft and handling stolen goods below which magistrates would not have the power to commit the case for trial at the Crown Court, but the defendant’s right to elect for trial by jury would remain unchanged (see paragraphs 124 to 131); and
- consider reform of the legislation relating to the use of video links in criminal proceedings
The Government would welcome views or suggestions on the reform programme generally, and on these three specific proposals.
The White Paper can be read in full HERE and a copy of the Press Statement, which we have issued today, can be read HERE
Have a good weekend
Health Support and Advice for the Bar – Law Care:
LawCare provides an independent and confidential service which assists members of the Law Societies of England and Wales, Scotland, Northern Ireland, Ireland and the Isle of Man; the Institute of Legal Executives; the Bar Councils of England and Wales, the Republic of Ireland, and Northern Ireland; the Faculty of Advocates in Scotland; the Department of Justice; the Institute of Barristers Clerks; and the National Association of Paralegals. This is a confidential advisory service to help lawyers, their immediate families and their support staff to deal with the health issues and related emotional difficulties that can result from a stressful career as a lawyer, or working with lawyers. LawCare is there to support and assist you, too.
LawCare offers you the opportunity to discuss problems that are interfering with, or have the potential to interfere with, your work performance and / or your family life and to seek to help in resolving these problems.
Through LawCare, help is available to those who are suffering from stress and/or depression, or who have alcohol, drug or other dependency concerns, or eating disorders.
There is a helpline which is open 365 days a year:-
9am – 7.30pm, Monday to Friday
10am – 4pm Saturday, Sunday and UK Bank Holidays
0800 018 4299
Further details can be found on the website here
Follow the chairman on twitter:
CBA Events:
The Autumn program will be announced shortly!
The Kalisher Essay Competition 2012
The Criminal Bar Association Of England & Wales & The Kalisher Scholarship Trust Present:
The Kalisher Essay Competition 2012
1st Prize – £5,000 2nd Prize – £2,000
“Is there an imbalance in the extradition arrangements between the UK and US? If so, how might the rights of UK citizens be better protected?”
Entry Conditions
- Maximum word length is 2,000 words on above topic (exc. reasonable footnotes)
- Prize is open to all pupils in criminal sets in England and Wales
- Pupils must be sponsored by their chambers to enter at a cost of £100 per pupil with no limit on entries.
- Cheques to be made out to the Kalisher Scholarship
- Chambers must indicate an intention to compete for the prize and provide sponsorship by Friday 29th July
- Essays (showing an alias) must be sent electronically to the Secretary by 1600 Friday 6thAugust
- Prizes will be awarded by this year’s speaker at the Kalisher Lecture in October
All enquiries regarding entry to be made to:
Max Hardy
Secretary to the Kalisher Scholarship
Email: [email protected]
Other News:
Criminal Law Week – updates (issue 27)
Key updates from this week’s issue of Criminal Law Week:
Codes of practice – new suite of codes governing police powers under the Police and Criminal Evidence Act 1984, the Terrorism Act 2000 and the Counter-Terrorism Act 2008, coming into force on July 10 and (for Code G) November 12, 2012 (CLW/12/27/11, 13, 15, & 17).
Retrial – circumstances in which it is permissible to amend an indictment on retrial R. v. Feeley, C.A. (CLW/12/27/1).
Rape of a child under 13 – guidance from the Court of Appeal on sentencing for the offence under section 5 of the Sexual Offences Act 2003: Att.-Gen.’s References (Nos 11 and 12 of 2012) (R. v. Channer and Monteiro) (CLW/12/27/2).
Money laundering – whether banks are permitted to refuse to execute the payment instructions of customers who they have reported to the authorities for suspicious activity: Shah v. HSBC Private Bank (U.K.) Ltd, Q.B.D. (CLW/12/27/8).
International News & Events
For the latest upcoming international Events and opportunities click here
Other Events:
The Slynn Foundation are delighted that The RT Hon the Lord Phillips of Worth Matravers KG, who will retire as President of the UK Supreme Court in September, has agreed to deliver the 10th Slynn Foundation Lecture on Monday 12 November 2012. More details will follow but please note the date.
AWB Dinner
A date for your diary – the Association of Women Barristers will be holding their annual dinner in Manchester on 25th October 2012, with Lady Hale as the keynote speaker. Further details to follow.
Vector Professions Finance:
Bar Council Service Partner Vector Professions Financeis here to help you with your tax bill through Aged Debt Funding Solutions. Vector provide fast track funding solutions for barristers.
Vector are willing to waive usual application fees and TT fees, so apply online for funding before Friday 27 July 2012 at www.ageddebtfunding.co.uk. Alternatively to arrange an appointment with Vector Professions Finance, please call 0845 500 1666 quoting reference BAR 999. All unsecured loan applicants must be home owners.
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