Weekly Round Up 20.07.12

CBA News:

Chairman’s Update:

The election closed at 4pm today. The winner and new Vice Chairman is Nigel Lithman QC. I offer my congratulations and best wishes. We must all work together to support Nigel Lithman QC and Michael Turner QC as they fight for the criminal Bar from 1st September onwards.

The Annual General Meeting took place on Tuesday, followed by my last Committee meeting as Chairman. Everything I want to say is contained within my Chair Report to the Committee which you can read HERE, and my Report to the AGM which you can read HERE.

Much work has already been done in preparing our response to the QASA consultation, which is running until 9th October. The Circuit Leaders are all engaged too (we all congratulate Sarah Forshaw QC as the new Leader of the South Eastern Circuit, and wish her every success in the role). All I can add at this stage is that you should please provide your view either to the CBA or to your Circuit, having read the consultation paper which I circulated last week.

My thanks also to Nigel Lickley QC, Leader of the Western Circuit, for an excellent Winchester Grand Night last Friday. I was very pleased to be able to meet so many of you before, during and after dinner.

I am abroad for seven days from Monday 23rd July. Mike Turner will provide your weekly update on Friday 27th July. I shall carry on throughout August.

Have a good weekend.

 

Triennial Reviews of LSB and OLC published

The report of the Triennial Reviews of the Legal Services Board and the Office for Legal Complaints is now published and available on the Justice website

 

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 28)

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

 

Criminal Procedure Rules 2012 – new 2012 rules issued, replacing the 2011 rules from October 1;  aside from cosmetic changes, Parts 6 (investigation orders), 16 (reporting restrictions), 27 (witness statements), 34 (hearsay), 37 (trial and sentence in magistrates’ courts), 42 (sentencing procedure),  50 (civil behaviour orders) and 63 (appeal to the Crown Court) are amended:  S.I. 2012 No. 1726 (CLW/12/28/30).

 

Costs in criminal cases (general) – amendments to the 1986 regulations from October 1, to ensure that courts have no discretion when fixing legal defence costs (where payable at all out of central funds), but must follow the rates and scales set by the Lord Chancellor:  S.I. 2012 No. 1804 (CLW/12/28/27).

 

Child abduction – whether an offence is committed under section 1 of the Child Abduction Act 1984 where a child is taken out of the United Kingdom with appropriate consent but kept out after the consent expires:  R. (Nicolaou) v. Redbridge Magistrates’ Court, D.C. (CLW/12/28/5).

 

Indecent photographs – whether a defendant has possession of images stored on his computer that he has deleted and can no longer retrieve:  R. v. Leonard, C.A. (CLW/12/28/6).

 

Hearsay – admissibility under the provisions of the Criminal Justice Act 2003 of an alleged dying declaration and prior statements of a witness who might have lied through fear:  R. v. Saunders, C.A. (CLW/12/28/3).

 

Reporting restrictions – principles to be applied on applications under section 39 of the Children and Young Persons Act 1933 where the relevant child is the defendant:  R. (Y.) v. Aylesbury Crown Court, D.C. (CLW/12/28/4).

 

International News & Events

For the latest upcoming international Events and opportunities click here

 

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

 

Other Events:       

Science and Justice Conference: The Criminal Court

Guy’s Hospital, London Bridge, London SE1, Robens Suite

For further details and to register your attendance please contact Lesley Nott, BAFS Administration on: [email protected]

Please visit the BAFS website  for more information

 

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.

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