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Weekly Round Up 05.10.12

CBA Chairman’s Update: Michael Turner QC:

In light of the Thursday “Special QASA” edition email I advertised I would not send out today’s. I have changed my mind.


  • QASA: I report on your instance response.
  • The Justice & Security Bill: I highlight the motives that may lie behind it.
  • We remind you of: Forthcoming Elections, Open Forums and Upcoming Events.
  1. 1.                  QASA:

You will all be aware that we submitted and published our response to the Forth QASA consultation. This was by no means my own work and I received momentous help from Ian West, Mark Trafford, John Lofthouse, Kate Lumsdon, and Rosina Cottage QC. I thank them publically for their selfless efforts. There has been almost universal applause for the stance we have taken. You may read the responses thus far on the QASA forum HERE

Keeping you updated with developments North of the Border you might be interested in this case brought which has been brought to my attention by a concerned member. I am grateful. It is relevant to our stance in relation to an unified code of conduct and the policing of client notification, read it HERE

In case anyone has missed it you can read our response HERE. I remind you again to get your responses in by the closing deadline 9th October. Send your response to [email protected] 

 Alternatively, hard copies can be sent to:

Chris Nichols

Bar Standards Board

289-293 High Holborn



  1. 2.                  The Justice and Security Bill

In recent weeks Sir Kenneth Clarke has been declaring that far from being anti libertarian he is only concerned with safe guarding national security and ensuring that bogus civil actions can be rigorously defended. The civil courts have long held the power to order that evidence be given in private so some of you may have wondered why increased secrecy is necessary or in the interests of justice. The Guardian revealed this week that the true motivation for these proposed changes might be rather more ones of self-interest. In official “impact assessments” of the justice and security bill, obtained by the Guardian the following is revealed:

The benefit of the bill from the Government’s perspective is that it would reduce “reputational and political costs to the UK associated with the current system, whereby the government can be unable to defend itself from the serious charges of complicity in false imprisonment and mistreatment of individuals overseas”.

Should we be surprised?



Forthcoming CBA Events:

 The Kalisher Lecture:

“Experience is by industry achieved”

Given by Martin Shaw, Kalisher trustee and Bencher of Gray’s Inn

Tuesday 16th October 2012

The Royal College of Surgeons

To secure your place please email the Secretary of the Kalisher Trust – [email protected]


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:

Work of the Sentencing Council

Tuesday 6th November 2012

The Old Bailey

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



Bar Council Elections:

Supports the following candidates in the forthcoming BAR COUNCIL ELECTIONS 2013



AMANDA PINTO QC (5 Paper Buildings)


Over 7 Years’ Call

ELEANOR MAWREY (9 Gough Square)

Nicholas Worsley (Zenith Chambers)


Less than 7 Years’ Call

HANNAH KINCH (23 Essex St)


It is important that the Criminal Bar is well represented on the Bar Council – your vote counts

Please return your ballot paper to the Bar Council by 19th October 2012


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


DX 478 London/Chancery Lane

[email protected]


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


DX 478 London/Chancery Lane

[email protected]


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.


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:     


Criminal Law Week – updates (issue 36)

Key updates from this week’s issue of Criminal Law Week:


Delay – Privy Council considers whether extreme delay between conviction and appeal will prima facie justify the quashing of a conviction that is otherwise sound:  Tapper v. D.P.P. of Jamaica (CLW/12/36/1).


Parole – applicable provisions governing licence expiry date relating to consecutive sentences for offences committed both before and after April 4, 2005:  R. (Elam) v. Secretary of State , C.A. (Civ. Div.) (CLW/12/36/5).


Deportation of offenders – Court of Justice of the European Union considers which offences are sufficiently serious to justify expulsion of EU citizen:  I. v. Oberbürgermesterin der Stadt Remscheid (CLW/12/36/2).



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


Welcome to the Blackstone’s Criminal Practice 2012 e-mail alerter service.
The Blackstone’s Criminal Practice 2012 companion website is a unique service offering monthly updates to the main work set out on a chapter-by-chapter basis, as well as links to the full text of available judgments and to relevant legislation.
The September 2012 update has now been added to the site. It includes updates relevant to parts:
A3 General Defences
B1 Homicide and Related Offences
B12 Offences Relating to Weapons
C5 Drink-Driving Offences
D1 Powers of Investigation
D3 Courts, Parties and Abuse of Process
D8 Assets Recovery
D10 Sending Cases from the Magistrates’ Court to the Crown Court
D25 Civil Behaviour Orders: ASBOs, Closure Orders, SCPOs and VOOs
D32 Extradition
E1 Sentencing: General Provisions
E6 Suspended Sentences under the Criminal Justice Act 2003
E19 Confiscation Orders
E21 Exclusions and Disqualifications
F10 Opinion Evidence
F18 Evidence of Identification
New Legislation
Please click here to view the September 2012 update.


Annual International Rule of Law lecture

18 December 18:00 in Inner Temple Hall

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. The lecture will take place at 18:00 on 18 December. 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 title of the lecture will be announced closer to the time.  If you are interested in attending please email [email protected].


Brazil Trade Mission, 22-25 October

The Bar Council is planning to increase its engagement with Brazil which is a rapidly growing market for UK legal services. We are planning a stand-alone Business Development mission in 2013/14. In the meantime an opportunity has arisen as both the Lord Mayor and the Law Society, supported by UK Trade & Investment (UKTI) will be travelling at the same time to São Paulo to promote UK-Brazil legal links and business. The Bar Council is supporting an Unlocking Disputes conference on 24 October in Sao Paulo. For further information please see here.

There will be optional activities in Rio de Janeiro for those wishing to travel on following the São Paulo programme.

As the Bar Council will have a presence at some of the events it would be helpful for us to know if you are registering for this mission; please email [email protected].

Russian Law Week 2012, London

5 – 7 November 2012

The second Russian Law Week 2012 will take place in London from 5 to 7 November 2012. This event, of which the Bar Council is a co-organiser, will bring leading Russian and English practitioners together to discuss the latest developments in Russian Law. This is an excellent opportunity for any barrister wishing to develop their practice in relation to Russia.


You can register and view the draft programme here


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 is a two day conference in Brussels, Belgium and is jointly presented by AIJA, Brussels Bar Association, Netherlands Bar Association, New York State Bar Association International Section, NUIM Law, Pan European Organisation of Personal Injury Lawyers (PEOPIL), Public Interest Law Alliance (PILA); UIA; Universidad de Santiago de Compostela; and Universite Catholique de Lyon. Topics at the conference will include:  

  • Class Actions, especially as they relate to Enforcement of Basic Human Rights
  • Opt-In vs. Opt-Out Mechanisms in Class Actions
  • Collective Redress as it applies to the EU and US
  • 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 at[email protected]


Other business development news and opportunities

Experts Needed for UNDP/Somalia: Court Case Management and Tracking (Nairobi based)


The ABA-UNDP International Legal Resource Centre (ILRC) has received a request from UNDP/Somalia for an expert to establish a pilot case management and tracking system in Somaliland and Puntland. The program is strongly focused on post conflict recovery and consolidation of peace and the work involves six main components: access to justice, civilian police, local governance, institutional development, constitution and armed violence reduction. The overall goal is to strengthen rule of law, governance and security. The expert will be supervised by the UNDP Access to Justice Project Manager and will be responsible for developing a functional case management and case tracking system in Hargeisa and Garowe.


Please find as an attachment a more in-depth summary of this opportunity and a P-11 form. Applications must include a P-11 form (see attached document), an updated CV and cover letter (each attached as word or PDF documents). The application deadline is 26 September at 17:00 US Eastern Standard Time. Completed applications must be sent to [email protected]


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.


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:       

UCL Laws Events October 2012

A detailed list of UCL events and how to book is available HERE


The Young Bar Conference:

The Young Bar Conference 2012 is being held on Saturday 6 October and registration forms are now being accepted. Please click HERE, for booking information and programme.


The European Institutions: OLAF, EUROJUST and EUROPOL:

What are they, what use are they and could we manage without them? And do we need another one – the European Public Prosecutor?

Thursday 18 October 2012

14.00 – 17.45

Institute of Advanced Legal Studies

Further details and booking information can be found HERE


The Society of Asian Lawyers (SAL) is proud to present its Annual Ball and Awards for 2012

The event will be taking place on 20th October 2012 at the Sheraton Hotel Park Lane. The Society would really appreciate your support for this event and would be delighted if you and your colleagues are able to attend the Ball.  For full details of the event please click here.


This year’s key note speaker will be “The Honourable Sir Rabinder Singh” the first High Court Judge of Asian descent.


SAL is the UK´s largest independent legal society, with in excess of 2000 legal and other professional members. In July 2009, the Society of Asian Lawyers and the Law Society launched its Diversity and Inclusion Charter – the legal profession’s flagship diversity initiative and has developed it to fruition.


Sponsorship details:

Option 1: Main sponsor – Advertisement on front and back page of brochure in full colour; 2 advertisements in brochure; signage at ball; acknowledgement of sponsorship by SAL at the ball; 3 VIP Ball tickets; and short presentation to audience.  Cost  £2500

Option 2: Sub sponsor (Large/Medium size law firms/enterprises) – half page advert in brochure; acknowledgement of sponsorship; 2 VIP Ball tickets.  Cost  £1500

Option 3: Award sponsor for categories below:

1.         Commercial lawyer of the year.

2.         Public Service/Human Rights Lawyer of the Year

3.         Criminal lawyer of the year.

Includes 1 ticket to the ball; acknowledgment by SAL of sponsorship (at the time of presentation).  Cost £500 per award.

Option 4: Lifetime Achievement award – includes 2 tickets to the ball; acknowledgment by SAL of sponsorship (at time of presentation).  Cost £1000

Brochure: Advertise in our brochure for £30

For further details on booking a table (£850 for a table), purchasing tickets (£90 per person) and/or for further details on sponsorship, please contact Shaista Hikmat at [email protected] 


Annual Bar Conference 2012, 10 September 2012, London Hilton Metropole:

The Annual Bar Conference is the place to learn, debate and look to the future. It is a unique forum for sharing ideas as it is the principal and largest event in the Bar’s calendar.

The theme of this year’s Conference is “The Modern Bar: Accessible, Adaptable and Relevant.” This year we will be considering whether and how the Bar needs to change in order to keep up with a quickly evolving legal landscape. The market for legal services is changing rapidly: business structures are becoming more flexible, competition is ever-increasing, and sources of funding are under pressure as never before. The conference allows the Bar community to have its say and consider:

  • How the Bar can continue to be fit for purpose
  • How the Bar can anticipate and adapt to new opportunities
  • How the Bar can ensure sustainable long term growth in a challenging environment.


The Criminal Bar session continues this theme with its title: “Cutting legal aid: Damaging democracy and killing open justice”.

Please click here to view the complete CBA session, speakers and the whole conference programme.

The early bird rate will be ending on Tuesday 25 September so to book your place at the discounted rate, please click here.


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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