Weekly Round Up 26.10.12
CBA Chairman’s Update: Michael Turner QC:
Headlines
- QASA.
- LSC contacts.
- Getting our message across in the press.
- A plea for the Bar Conference.
- Elections: Nominations end today.
- CBA Subscriptions:
- Upcoming Events.
- 1. QASA
There was very lively debate at the Bar Council last Saturday with QASA being one of the topics. Mike Todd anticipating an important debate instructed that full minutes were prepared. I was hoping to make them available to you this week. Mike tells me that there is objection to the publication of such detail from one of those who spoke. We both agree that our members must have the fullest information possible and I hope by next week to be in a position to publish. In the meantime the registration of Abs ( Alternative Business Structures ) is gathering pace. I am informed that 30 have been registered to date with a further 39 to be considered. It is my understanding that all such applications are form non-law firms. It simply confirms that this government is planning to line the pockets of the private sector at the expense of solicitors and barristers. Moreover at a very considerable loss to the public. We will need your help to turn this steamroller around. Regulation should be placed to protect society from those who feed off the most vulnerable in society such as the banker, the money lender, the politician. The fight continues.
2. LSC Contacts
Those who work at the LSC are doing their best to remain visible and accessible. To that end we provide you with a list of the new chambers contacts [ here )
3. Getting our message across in the press.
As part of our attempt to widen this debate I have been given space in this week’s Sunday Mirror. Let us know what you think.
4. The Bar Conference
It is more important that ever this year that we put a strong message out at the Bar Conference. So far only 60 of you have registered for the CBA workshop. Given that if we do not put up a fight our profession will go to hell in a hand cart and there will be no more Bar Conferences we thought you might want to come this year. Please do.
- CBA Elections
T Today is the last day for nominations. Please consider standing.
- CBA Subscriptions
Following your positive response we will be switching to recovering subscriptions through chambers. This will ensure that we can keep subs at the level they are now. Thank you your encouragement in this regard.
Forthcoming Events
CBA Autumn Conference:
Expert Evidence
Saturday 3rd November 2012
IET Conference Centre, Savoy Place, London
Online booking HERE or complete a booking form and return HERE
Old Bailey Lecture:
The Ann Goddard Memorial Lecture
Work of the Sentencing Council
Tuesday 6th November 2012
The Old Bailey
The award to the winners of the CBA’s new Bursary Scheme
will be presented after the lecture by Sir Anthony Hooper
To secure your place please email Aaron
Old Bailey Lecture:
Research on Juries
Tuesday 4th December 2012
The Old Bailey
To secure your place please email Aaron
The Annual Bar Conference 2012 – Further message from the Vice Chair, Bar Conference 2012:
Every year, for the last 27 years, the Bar joins together for the prestigious Bar Conference in London, debating and shaping the Bar’s future.
Here are a few highlights of this year’s conference on 10 November 2012:
- Pick up top tips from media and PR experts on how to effectively market yourself;
- Hone your skills questioning vulnerable witnesses with the Advocacy Training Council;
- Join in the debate with Lord Justice Hooper, Clive Stafford-Smith (Founder of Reprieve) and Roger Smith (Director of Justice) at the CBA session: ‘Cutting legal aid: Damaging democracy and killing open justice.’
For the full programme and to book (a discount is available if three or more delegates book together) click here
And don’t forget, the Conference will also provide you with up to 6.5 CPD hours.
I look forward to seeing you there.
Best regards,
Saba Naqshbandi
Vice-Chair, Bar Conference 2012
CBA NEWS:
CBA Elections:
Nominations for Election to the CBA Committee
Nominations are invited for election to the CBA Committee for 2013. There are seven places available one of which is for a junior barrister of less than seven years call. The positions are for a term of three years commencing 1st January 2013. Please send your nominations to:
Gillian Jones
CBA Secretary
18 Red Lion Court
London
DX 478 London/Chancery Lane
Nominations must be received by 5.00 p.m. on Friday 26 October 2012.
In the event of there being more candidates nominated than positions available a ballot of the membership will be held.
Nominations for Election of Treasurer to the CBA Committee
Nominations are invited for candidates to stand for the position of Treasurer of the CBA. These should be sent to the Secretary:
Gillian Jones
CBA Secretary
18 Red Lion Court
London
DX 478 London/Chancery Lane
Nominations must be received by 5.00 p.m. on Friday 26 October 2012.
In the event of there being more than one candidate a postal ballot of the membership will be held. The position of Treasurer is one of two year’s duration.
Digital Working
We appear to be moving slowly but inexorably towards digital working in the criminal justice system. There is a little-known but busy group called the CJS Efficiency Programme which includes representatives from the MoJ, the CPS, HMCTS, the judiciary, NOMS and the defence community. The CJS Efficiency Programme is trying to ensure there is joined-up thinking between all parties likely to be affected by the CPS’ move towards the digital service of material and the MoJ’s ambition to make better use of digital technology at all stages of the criminal justice system, from the collection of evidence by the agencies of law enforcement to the presentation of evidence at court.
They are acutely aware that members of the Bar are at the sharp end of these changes as the ultimate users of the material; we are the ones who are ultimately responsible for presenting the material in a way that is comprehensible by the court, whether that involves a witness, the judge or the jury.
Accordingly they are very anxious to get feedback from the Bar about how the changes are affecting us and what problems we may experience or envisage; the aim is to fine-tune the system so that these problems are resolved as quickly and painlessly as possible and the transition is therefore as effective as possible.
Please read the attached document which provides various links to places where you can get more information and advice. Perhaps most importantly there is an email address there for you to transmit your experiences directly to the CJS Efficiency Programme. I know from my own experience working with them that they take all our contributions seriously and pursue any issues we may experience.
You should also note that Legal Guidance on Digital Working across the Criminal Justice System has, today, been published on the Justice website.
The guidance sets out clearly the basis for digital working according to statute and the Criminal Procedure Rules. This includes the position regarding ‘wet signatures’ and ‘original documents’ in criminal proceedings. It was created by the CPS in consultation with agencies and partners involved in the CJS Efficiency Programme; this includes the judiciary and defence representative bodies.
It is being communicated with the following important messages:
- the guidance does not initiate any new digital business processes or signal any further immediate moves to digital working;
- it does not mean that we are ‘switching off’ paper; situations where paper-based processes remain are clearly described in the guidance;
Perhaps the most important page from our point of view is the Defence Practitioners’ page on the Justice website. The previous ‘frequently asked questions’ have been updated and reworked into guidelines for practitioners.”
Further details can be found HERE
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:
Other News:
CBA NEWS FEED
Criminal Law Week – updates (issue 39)
Key updates from this week’s issue of Criminal Law Week:
Bad character – need to identify issue to which bad character evidence goes, and to direct jury accordingly; distinction between evidence going to propensity of defendant and evidence going to identity of offender: R. v. Suleman, C.A. (CLW/12/39/1).
Jurisdiction of the Crown Court – whether it is permissible (or good practice) for a Crown Court judge to sit (simultaneously) as a member of a youth court (with lay justices) when sentencing a young offender for indictable offences and non-indictable offences: R. v. Iles, C.A. (CLW/12/39/2).
Stop and search (in anticipation of violence) – compatibility of searches under section 60 of the Criminal Justice and Public Order Act 1994 with the European Convention on Human Rights: R. (Roberts) v. Commissioner of Police of the Metropolis, D.C. (CLW/12/39/3).
Wounding with intent – further guidance on the correct approach to “greater harm” under the sentencing guidelines on assault and other offences against the person: R. v. Morrison, C.A.(CLW/12/39/21); and R. v. Richardson, C.A. (CLW/12/39/22).
Human rights – whether gathering intelligence on a public protester is compatible with the European Convention on Human Rights: Catt v. Association of Chief Police Officers, D.C. (CLW/12/39/27).
CBA Bookclub Page:
The CBA book club page has just been updated, allowing CBA members to enjoy a 15% discount on the forthcoming editions of Blackstone’s Criminal Practice 2012 and the Blackstone’s Magistrates’ Court Handbook 2013, as well as many other Criminal Law books.
Your exclusive bookclub page can be found HERE
Youth Court Guide, Fifth Edition:
Updated to all changes to the youth justice system including:
- The Legal Aid, Sentencing and Punishment of Offenders Act 2012
- The Criminal Procedure Rules 2012
15% discount when you quote TOYCG15
List price: £70
CBA price: £59.50
Further information can be found HERE
Upcoming International Events and Opportunities
UKTI workshop- Doing Business in Germany
30 October 2012, Jury’s Inn Croydon Hotel, Wellesley Road, Croydon, CR0 9XY This event is aimed at companies who wish to find out more about the business opportunities and how to do business in this dynamic market. For more information see here.
Russian Law Week 2012, London
5 – 7 November 2012
The second Russian Law Week 2012, of which the Bar Council is a co-organiser, will bring leading Russian and UK practitioners together to discuss the latest developments in Russian Law. The UK Secretary of State for Justice, Chris Grayling MP and the Ambassador of the Russian Federation, Alexander Yakovenko will give brief addresses at the evening reception on 5 November.
Other keynote speakers include:
- Michael Galperin, Russian Ministry of Justice
- Dr Andrey Egorov, Supreme Arbitrazh (Commercial) Court
- Glenn Kolleeny, Salans
- Konstantin Olefir, Russian Direct Investment Fund
- Pavel Volkov, Russian Ministry of Economic Development
- Feodor Vyacheslavov, ALRUD Law Firm
- Agafonova Galina Alexandrovna, Moscow City Court
- Dr Anton Asokov, Lomonosov University, Moscow
This is an excellent opportunity for any barrister wishing to develop their practice in relation to Russia. The event is accredited with 12 CPD hours by the Bar Standard Board. Click here to register and view the draft programme.
10th Slynn Foundation Lecture
12 November, 18:00, Clifford Chance, London
A lecture on “The Supreme Court: Reflection on the First Three Years” by Lord Phillips of Worth Matravers KG PC. For further information see here
American Bar Association conference- Increasing Access to Justice through E.U. Class Actions: A Conference for Litigators and Policy Makers
12 – 13 November 2012 at the European Parliament Building in Brussels, Belgium
This jointly presented two day conference will include discussions on topics such as class actions relating to enforcement of basic human rights, collective redress as it applies to the EU and US, and access to justice as a human right.
The conference will also feature several networking breaks as well as a social reception to be held Monday evening at the Renaissance Hotel. For a full agenda, please click here
For further information regarding registration, hotel or sponsorship opportunities for this conference, please contact Curry Wilson.
12th annual Law Reform Committee Lecture
15 November 2012 at 17:30 in Inner Temple Hall, London
The Law Reform Committee is pleased to announce Rt. Hon Lord Sumption as the keynote speaker at its 12th annual lecture. Rt. Hon Lord Sumption will speak on, “Home Truths about Judicial Diversity”.
Entry to this event is free and by ticket only. To request a ticket, please contact Wendy McLaughlin by 8 November 2012.
European Circuit of the Bar Annual Conference 2012
15 – 17 November 2012 in Vienna
The European Circuit of the Bar annual conference “European Rights, European Wrongs” will take place in conjunction with the Vienna Bar and American Counsel Association. For further information, please see the attached programme. The event is expected to be accredited with at least 6 CPD points by the Bar Standard Board.
To register for this event, please complete a registration form which can be found here and send to [email protected] with your registration fee by 31 October 2012.
Capital Markets in the 21st Century
29 November 2012, The Law Society, 113 Chancery Lane, London
Following the successful first Joint ABA International/Law Society Capital Markets Day in London last year, a second capital markets conference has been scheduled to take place at the Law Society’s offices in London on 29 November 2012. For further information and to register, please clickhere
Arbitration in Germany v Arbitration in London
7 December 2012, Hamburg
The Bar Council is organising a joint seminar with the German Bar in Hamburg. Please see the attached draft programme.
Mauritius International Arbitration Conference
10 – 11 December 2012, Intercontinental Hotel, Balaclava, Mauritius
This is the second biennial Mauritius International Arbitration conference and will be opened by the Prime Minister of Mauritius. The conference will feature a panel formed of leading international and regional practitioners. For further information and to register, please click here.
Annual International Rule of Law lecture
18 December 2012 at 18:00 in Inner Temple Hall, London
The International Committee is delighted to announce Mark Mulholland QC, Chairman of the Bar Council of Northern Ireland as the keynote speaker at its Sixth Annual International Rule of Law Conference. Mark will speak on, “Global terrorism and the rule of law- a global problem from a Northern Ireland perspective”.
This free annual lecture aims to stimulate debate and inspire barristers to become involved in rule of law related projects. Barristers, judges and law students are welcome to attend. The lecture is free to attend but registration is required. If you are interested in attending please register with the international team secretary, Juliette Hargreave (0207 611 1455)
The event is accredited with 1.5 CPD hours by the Bar Standard Board.
Commonwealth Law Conference 2013
14 – 18 April 2012, Cape Town, South Africa
Registration for the 18th Commonwealth Law Conference to be held in Cape Town is now open. For further information regarding the event and registration, please click here.
The Bar Council will have a presence at this event and it would be helpful for us to known if you are attending; please email [email protected]
OTHER BUSINESS DEVELOPMENT NEWS AND OPPORTUNITIES
What makes a good witness? Presenting evidence in the courtroom
Visually-recorded evidence in chief is thought to produce the most comprehensive and accurate record of the interview process and be best evidence. But is this really the case? We are currently conducting a research project examining views from criminal justice professionals regarding the issue of the medium in which evidence in chief is presented. A topic that has driven interesting debate nationally. The research concerns three inter-related areas; (i) your views regarding your perceptions of witness testimony and certain terms that are often used when determining its credence, (ii) your views on the way the police gather information and how this impacts on witness evidence in chief, and (iii) your perceptions of the medium in which evidence in chief is presented in the courtroom. As part of the on-going research we would be grateful if you could take some of your valuable time to complete the questionnaire using the link provided below. It should take about 15 minutes to complete and participation is anonymous. If you would like to discuss this further or for any other information relating to the research and for related publications on these issues please contact either Jemma Hodgkins, [email protected] or Dr Rebecca Milne, Reader in Forensic Psychology, Director of the Centre of Forensic Interviewing, Institute of Criminal Justice Studies, University of Portsmouth. [email protected] or on (+44) 2392 843 927. Thank you for your assistance.
https://www.surveymonkey.com/s/witnessevidencequestionnaire
Be part of a study to examine child witness credibility:
If you agree to participate, you will be asked to read a transcript of an interview with a child witness. We will ask you to rate the credibility of the witness and the interview using a number of different criteria. All materials (including information about confidentiality and consent) will be sent to you by email. Once the study is complete, you will be debriefed. On request, we would be happy to send you a summary of the results.
I am an MSc Student studying Investigative Forensic Psychology at London South Bank University, supervised by Dr Anne Ridley.
To participate in this research, please contact Miss Vedrana Ilic on [email protected].”
Other Events:
Institute of Advanced Legal Studies:
School of Advanced Study, University of London,
Charles Clore House, 17 Russell Square, London WC1B 5DR
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Friday 16 November, 13:45 – 17:20 |
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Conflicts of interest: the ethical thin red line between conflict and crime
Venue: IALS If you wish to attend please reply to: [email protected] ADMISSION FREE – ALL WELCOME |
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Venue addresses: Charles Clore House 17 Russell Square London WC1B 5DR For further information, please contact: [email protected] |
UCL Laws Events October 2012
A detailed list of UCL events and how to book is available HERE
Vergeltungswaffen – Vengeance Weapons – V1, V2 Bombs
A photographic exhibition of my new work about the London sites and neighbourhoods where V-1 and V-2 bombs fell during the Second World War opens at the APT Gallery in Deptford on Thursday 25 October.
There will be a drinks reception between 6 and 9pm that I’d love you to come along to.
The address is: 6, Creekside, Deptford, London SE8 4SA
Open from 12 to 6pm, Friday to Sunday, the exhibition runs from 25 October until 11 November. Also, on Saturday 27 October, the architect Megan Williams will lead a walk around the bomb sites close to the gallery. We will meet at the gallery at 2pm and finish with tea at 4pm.
If you would like further information then please email: [email protected]
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.
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