Weekly Round Up 11.01.13

CBA Chairman’s Update: Michael Turner QC

THE HEADLINES:

QASA/ OCOF: What the Future Holds

Chambers Membership Direct

 

1.              QASA/OCOF: What the Future Holds

 

I know that I am about to repeat myself but given how serious these issues are for the survival of the publically funded Criminal Bar, I make no apology.

 

QASA is not a scheme that is designed to underpin quality in the advocacy professions. It is a scheme which is designed to trick the public into believing that a scheme for assuring quality is in place when OCOF comes into being. OCOF will produce two providers for a given area. Providing a cradle to grave delivery i.e. from the police station through to the magistrates or crown court. A defendant will be given the option of selecting a provider of legal services, one of two. The providers will almost certainly not be a solicitors firm or a barristers chambers. The Government currently has registered 30 ABSs ( Alternative Business Structures) with a further 39 applications waiting to be considered. Not a single one of them is a law firm of any description. They are the likes of Eddie Stobbart’s, the Co-Op and G4S. Once a defendant has selected a provider he will not be given a choice of advocate but presented with an in-house advocate who has the appropriate Grade to conduct his/her case. Client choice in which advocate they might wish for will disappear. Equally, it is very likely that any advocate wishing to practice will be forced in house. QASA also effectively does away with the distinction between a leading junior and a silk. Silks are included in the scheme as Grade 4 QC. The reason for their inclusion at Grade 4 could not be clearer and we were told was the result of pressure from the Legal Services Board. The intention is to pay leading juniors and silks at the same. The effect that will have on the junior Bar is devastating. Silks will take the Grade 4 work, leading juniors will be forced to do the Grade 3 work and so on. The junior Bar will have no work. None of this can possibly be in the public interest nor will it save the tax payer a single penny. You only have to look at the value of the contracts the Government has already handed out to the private sector. The G4 S contract for the provision of 800 front of house security staff over a period of 60 months is worth £175 million. Pretty good business if you can get it. If any one of you think that I am painting an alarmist picture for the sake of it visit the Eddie Stobbart web site HERE. Equally, pay attention to the Government announcement this week that they are putting the probation service out for private tender. Whilst we will continue to investigate the possibility of legal challenge to the destruction of our profession we must be prepared to consider what other action we should take in defence of the interests of the public. Maura McGowan QC, our newly appointed Chair of the Bar said this week “ People have to make up their own minds- it is up to them. I just think it would be difficult to imagine a situation in which the Bar would be comfortable leaving [defendants] unrepresented.” If the landscape that I have painted is not such a situation I do not know what is. The Bar will never feel comfortable about leaving anyone unrepresented which is why we do so much Pro Bono work and work around the clock and on every weekend. But what are we prepared to do in defence of the public’s’ right to proper representation? That question if not for me to answer but for you.  I will only ever do what the majority of my members wish of me to protect what I view is an important corner stone of our democracy.  If there was ever a time to voice your views it is now. Express you views on the forum HERE. Tweet them HERE. If you wish me to hold a special general meeting of the Criminal Bar let me know; [email protected] 

 

2.                 Chambers Membership  Direct

 

This initiative has been going well thanks to your help and we already have more members than we ever had. However there are still a number of Chambers who have not responded. It is more important than ever that we have a full membership with the ability to express their views. Please encourage your chambers, if they have not yet taken the plunge to do so.

  

CBA NEWS:

CBA Bursary – Our Fund Raising

The Chairman and Committee are pleased to announce that the Bursary Scheme, which was launched in September, has already proved beneficial to several of our members.   The scheme is already being supported by the following Criminal Sets who have kindly agreed to pay £500.00 each year for the next three years in order to support the scheme.

  • 2 Bedford Row
  • 25 Bedford Row
  • 9 Bedford Row
  • 23 Essex St
  • Garden Court
  • 18 Red Lion Court
  • 3 Raymond Buildings
  • 9/12 Bell Yard
  • Furnival
  • 2 Hare Court

 

If you Chambers would like to contribute and assist with the Bursary Scheme, please contact the Treasurer, Thomas Payne at [email protected]

 

2012 CPD, purchases made via our websie

Those of you who are already using the site are reminded that when you make your purchase the billing address should match the address where your credit/debit card is registered, otherwise the payment will fail.

 

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

 

Other News:   

 

CBA NEWS FEED

 

 

Criminal Law Week – updates (issue 2)

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

 

Previous convictions – whether conviction for offence of wounding or causing grievous bodily harm with intent is admissible at subsequent murder trial (where victim later dies) for the purpose of proving the elements of murder:  R. v. Clift;  R. v. Harrison, C.A. (CLW/13/02/1).

 

Immigration – burden of proof under section 31 of the Immigration and Asylum Act 1999 (defence against certain charges where defendant is a refugee):  R. v. Sadighpour, C.A. (CLW/13/02/2).

 

Lost Book – Banks on Sentencing Volume 2

Dear all,  a very kind member of Temple Garden Chambers, 1 Harcourt Buildings, Middle Temple Lane found a copy of this book at at a bus stop on High Holborn , which had almost certainly been left there by a member of the criminal Bar heading eastwards on his or her way to Court. There is no owner’s name in the book.  If this book is yours you will find it located at TG Chambers on reception.

 

Simple Solution Ensures Confidential Information Remains Private

Barristers and their clients will now find it easier to meet increasing demands for secure communications, with the launch of a foolproof, simple and cost effective email encryption solution.

Estimates are that globally, around 144 billion emails are sent every day by 2.1 billion users and demands are growing for those handling sensitive information to take increased steps to ensure it does not fall into the wrong hands.

In the US, Homeland Security Secretary Janet Napolitano recently admitted not using email because of security concerns, while in the UK the Information Commissioner’s Office, which has the power to levy penalties of up to £500,000 for security breaches, has fined organisations from police forces to the NHS for being lax on data security.

In the UK, some insurance companies are avoiding email dangers by even switching back to fax for sending documents.

New cloud-based mkryptor is a low cost and easy-to-use email encryption solution which works across all devices from PCs and Macs to smartphones. It’s expected to help raise the pressure on professionals in many different sectors to tighten up email security amid growing concerns that at present they do not take it seriously enough. Mkryptor is already being successfully used by some in the IT industry, recruitment companies, accountants, law firms, and private medical practitioners.

Mkryptor (www.mkryptor.com) requires no software or special keys at the recipient end. No extra software is required on either the sender or recipient device – and now with the cloud-based version it’s a simple few clicks process. Prices start at £9.99 for cloud and whole organisations can be protected from as little as a £5k one-off fee.

In the UK, the Information Commissioners Office believes email users should always consider encryption of sensitive material but professional bodies are routinely e-mailing confidential client advice and unsecured information. This can add to the risk of identity theft, loss of intellectual property and ultimately litigation against the offender who sent the data unprotected.

Mkryptor delivers you peace of mind by ensuring that your confidential information stays that way; it not only lowers your risk of non-compliance to data protection legislation and upcoming EU data protection legislation, but also provides a clear audit trail. And it’s as easy to use as ordinary email.

 

Other Events:   

 

UCL LAWS EVENTS

 

 

 

 
 
 

 

 

 

   

The Social Networks Research Initiative at the Centre for Law, Economics and Society at UCL Laws (SNRI @ CLES) has pleasure in inviting you to


Regulating Social Networks:
More Harm than Good?

 

A debate on how social networks challenge the traditional views about regulation and its aims

 

on 31 January 2013, 6 – 7.30pm

 

Panellists include:

  • Ian Hogarth (Co-Founder and CEO, Songkick)
  • Prof. Andrew Murray (LSE)
  • Tom Frederikse (Clintons LLP)
  • Mark Adams (UK Director, The Audience)
  • Martin Adams (SNRI @ CLES)
  • Steven Braines (Artist Manager)
  • Ioannis Lianos (Director, UCL CLES)

About this event

The effect of the spread of social media has been dramatic; altering the power dynamic between consumers and providers of goods and services, disrupting traditional business models, undermining intellectual property rights, enabling cultural participation, and facilitating a more democratic flow of information.

On January 31, 2013 UCL Laws will play host to a fascinating exchange between leading thinkers involved in the industry and policy surrounding social media.

The discussion will ask important questions about social media, and specifically social networks, and the impact of attempts to protect individual privacy, intellectual property, and other public interests. What is the value of social media to our cultural, social and professional lives? What interests are states seeking to protect when they discuss legal regulation of these technologies? Should we decide that regulation is appropriate, on what basis and rationale can this based upon? Do strict legal standards threaten to stifle the continued development of these innovative technologies? Does it make sense to consider self regulation here? This event will be of interest to industry leaders in this important area, and a range of students and faculty from diverse departments including law, public policy, and computer science.

About the speakers:

Professor Andrew Murray is Professor of Law at London School of Economics, where he specializes in Cyber-regulation Law, and particularly the promotion of proprietary interests and protection of human rights in the digital sphere. Professor Murray has written numerous books and is a frequent commentator on the digital environment and its regulation.

Tom Frederikse is a Partner at Clintons law firm in London where he specialises in Digital Media and technology-related issues. Tom is a regular commentator across various national media on issues concerning law and technology, and joins us as chairperson of the event.

Ian Hogarth is the Co-Founder and CEO of Songkick; a hugely popular social media platform that revolutionises the way users discover live music, and with roots in both the Silicon Valley and the Silicon Roundabout. Ian studied a Masters in ‘Machine Learning’ at Cambridge University and worked at Bain Capital before starting Songkick. He is a global expert on the role of social media and crowdfunding.

Mark Adams is a well recognised thought leader in the field of social media. At the age of 21 he founded the very first social media company in the UK and is now UK Director at The Audience; the worlds largest publisher across all social media platforms, representing over 300 of the biggest entertainment clients in the world. Mark regularly speaks at conferences and summits about the role of social media and the transformative power of the direct-to-fan relationship for traditional business models. He holds a Masters in Law from UCL.

Steven Braines manages some of the world’s most esteemed music artists, including Maya Janes Coles, Tricky, and Magda. A pioneer in the role of digital strategy, Steven champions the role of technology to bring artist and fan together in an industry that has had to confront the proliferation of social media and the challenges of ‘freely sharable’ content.

Martin Adams is a graduate of Harvard Law School, where he obtained a Masters in intellectual property law and the law of the Internet, UCL Laws and the University of New South Wales, Sydney. He has conducted research through the Berkman Centre for Internet and Society at Harvard University and worked on behalf of the artist Shepard Fairey in his copyright infringement case concerning the famous Obama ‘Hope’ poster. As a digital entrepreneur, Martin Adams was involved with rapidly growing companies in the digital media sector, and currently works as a lawyer for Kirkland and Ellis, LLP in New York where his practice focuses on domestic and international technology and intellectual property transactions. Martin was recently invited to speak at the International Legal Forum in St. Petersburg, Russia on the subject of regulating social networks.

Ioannis Lianos is the Founding Director of the Centre for Law, Economics and Society at UCL, a Reader in Competition Law and Economics at UCL Laws and the Gutenberg Research chair at the Ecole Nationale d’Administration in France (ENA). He has written extensively on regulation and competition law and has specific expertise in the competition and network neutrality regulatory implications of social media platforms.

Registration fees:
£20 Standard Fee; £10 Academics (full time) and public sector; £10 non-UCL students, free for UCL students

Venue:

UCL Faculty of Laws – Graduate Wing
1-2 Endsleigh Street
WC1H 0EG London

Accreditation:
This event is accredited with 1.5 CPD hours by the SRA and constitutes relevant CPD by IPReg.
(BSB accreditation is pending)

More information on
UCL Centre for Law, Economics and Society

Register for this event

 

 

 

 

 

 

 

London Art Fair Private View Invitation

16 – 20 January 2013 | Business Design Centre London N1

 

London Art Fair is the UK’s premier Modern British and contemporary art fair.

 

Galleries from across the UK and overseas will present the work of over 1,000 artists covering the period from the early 20th century to the present day. You will see museum quality British art presented alongside exceptional contemporary work from leading figures and emerging talent.

 

The Fair provides a uniquely welcoming atmosphere in a spectacular venue in the heart of Islington, attracting visitors with a genuine passion for art; from experienced collectors to those buying their first original work. 

 

 

PATRICK HERON 1920-1999

Three Blues in Red 1962 Oil on Canvas

183 x 152cm Courtesy of Agnew’s Gallery

 

MICHAEL ORMEROD                       

Girl on Bike 1986 Photographic Print               

30” x 40” Courtesy of Crane Kalman Brighton

MARCUS HARVEY
The Führer’s Cake
Courtesy of VIGO

 

ADRIAN HEATH 1920-1992

Curved Forms – Yellow & Black 1952 Oil on Canvas

91.5 x 61 cm Courtesy of Jonathan Clark

London Art Fair would like to invite the Members of The Criminal Bar Association to our Private View on Wednesday, 16 January 2013, from 6pm – 9pm.

 

This is an exclusive invitation-only evening reception and it’s a perfect place to catch-up with clients and friends in the New Year and enjoy a complimentary glass of wine in the informal and welcoming atmosphere of Private View.

 

To receive your complimentary Private View invitation, simply visit http://www.londonartfair.co.uk/criminalbar before 07 January 2013.

 

To purchase advance tickets for any other day please visit www.londonartfair.co.uk/criminalbartickets

 

For more information please see www.londonartfair.co.uk

 

Suggestibility in Legal Contexts – and how to avoid it

Date: Thursday, 21 March 2013 (09:30 to 16:30)

Venue: London South Bank University   

This is a one-day training session for lawyers, police, expert witnesses, social workers, and other interested parties.

Join us to learn more about the theory, research and forensic implications related to “suggestibility” in legal contexts. Topics covered include “immediate” versus “delayed” suggestibility, the relationship between suggestibility and vulnerability factors, as well as witness interview techniques.

Speakers:

  • Fiona Gabbert is a Reader in Psychology at Goldsmiths University of London. She is an expert in the area of social influences on memory, and has published widely on this topic. Another of Fiona’s interests is developing methods to obtain reliable evidence from eyewitnesses. She received an Academic Excellence Award for ‘Outstanding Achievements in the Area of Investigative Interviewing’ in 2011.
  • David La Rooy is a Reader in Psychology at the University of Abertay Dundee, UK. He is also a Scottish Institute for Policing Research Lecturer and his research focuses on issues surrounding the forensic interviewing of children. He teaches evidence-based investigative-interviewing and oversees the university’s degree course in Forensic Psychobiology
  • Anne Ridley is a Principal Lecturer in Psychology at London South Bank University, UK, with particular interest in individual differences in witness suggestibility as well as strategies for supporting vulnerable witnesses in the legal system. In 2008 she was awarded a National Teaching Fellowship by the Higher Education Academy. Anne teaches on the university’s MSc in Investigative Forensic Psychology.

To book – visit http://www.eventbrite.co.uk/event/4882274013 

Evening lecture – at 5.00 pm there will be an evening lecture “Illusions of Memory, Illusions of Justice?” by Elizabeth F. Loftus, Distinguished Professor, University of California. Loftus’s groundbreaking research has transformed our understanding of suggestibility and false memories. Attendees are invited to stay on for this event with our compliments. When you book a place at the training day, please indicate whether you will join us for the talk as this event will be ticketed and we anticipate a waiting list.

 

CRIMINALS OR VICTIMS? A Necessary Guide to the Non-Criminalisation of Victims of Human Trafficking

 

Panel

  • Peter Carter QC

18 Red Lion Court

 

  • Parosha Chandran

1 Pump Court

 

  • Pam Bowen

Head of Trafficking Policy, CPS

 

An expert seminar aiming to bridge gaps in knowledge concerning the criminalisation of victims of trafficking.

 

Principally for Judges, Barristers and Students with an interest in criminal law and public law, the seminar seeks to raise awareness of how to identify possible victims of trafficking and how to protect the legal rights of such persons (further details below).

 

Monday 4th February 2013

Gray’s Inn Hall

6.15pm – 8.15pm

 

Seminar followed by a drinks reception

(2 CPD for barristers & solicitors / 1 QS for Gray’s Inn students)

Pre-registration and payment required – form attached

£15 for Judges, Barristers and Solicitors

£10 for new practitioners up to 3 years Call

£10 for pupils and students  

For further information please call 020 7458 7900 or email [email protected]

 

American Bar Association (ABA) Section of International Law

7 February 2013 at Southern Methodist University (SMU), Dallas, Texas

SMU Dedman School of Law and the ABA Section of International Law are co-hosting a day-long symposium, entitled “The Arab Spring: Doing Business and the Rule of Law”. The event will include panel discussions on topics such as judicial independence and the rule of law in the Middle East and North Africa, energy matters and dispute resolution. For further information and registration, please click here.

 

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 Chika Muorah at [email protected]

 

ABA Section of International Law Spring Meeting

23 – 27 April 2013, Hyatt Regency, Washington DC

The next International’s Spring Meeting is an excellent opportunity for barristers to meet international practitioners from other jurisdictions. There will be a keynote address by US Supreme Court Justice Ruth Bader Ginsberg. The Bar Council is a non-financial sponsor and our members will benefit from the ABA members’ rate. For further information, please click here.

 

Other business development news and opportunities:

The Bar Council’s international professional and legal development grant programme

The Bar Council is now accepting applications from SBAs and Circuits that would like to participate in the 2013 international professional and legal development grant programme. The grant scheme is designed to encourage junior barristers to gain an international perspective on legal issues and help them thrive in an increasingly globalised legal market. The programme encourages young barristers to participate in international events which contribute to their professional and practice development by covering two thirds of the total costs associated with attendance at the chosen event.  The costs are shared equally between the applicant, his or her SBA and the Bar Council Scholarships Trust.

SBAs and Circuits that are interested in the scheme are encouraged to contact Natalie Darby, Senior International Projects Officer at [email protected]

 

 

Bar Council new training scheme for Korean lawyers; opportunity for chambers to host lawyers in 2013

The International Committee is seeking chambers to host Korean lawyers from 6 May to 17 May 2013. Interested chambers must be in the commercial field (in the broader sense), have an international element to their practice, and should be able to offer one or two mentors to guide the Korean lawyer through their placement. We are particularly interested in received applications from chambers that have  strong arbitration and litigation practices. Placements are similar in substance to a mini-pupillage.

This is an excellent opportunity for the host chambers to gain a unique insight into the Korean legal market and develop useful business contacts. If interested, please email Natalie Darby at [email protected] by 17:00 on 7 January 2013.

 

UKTI online service for small business

The UKTI have launched a free online service to provide small and medium-sized enterprises with information, advice and guidance on exporting overseas. For more information, please clickhere.

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