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Weekly Round Up 31.05.12

CBA News:

Chairman’s Update:

This Message comes a day early because of the Jubilee Weekend

Even on a beautiful sunny Saturday, more than 100 of you came to our Conference ‘Conviction and Beyond’ at IET in Savoy Place. My congratulations to James Mulholland QC and all members of our Education Committee for running such a successful day, and our thanks to another splendid array of speakers: Hughes LJ, HHJ Picton, Alix Beldam and Sue Holdham, Brian Altman QC, Ivan Krolick and Robert Banks. CBA Education Conferences are the best.

The Law Society has been sending mixed messages, in response to my call for strength and unity at our Annual Dinner. Read the words of Des Hudson and Avtar Bhatoa HERE. Now read my response, in a letter to the Editor of the Gazette, HERE.

The DPP is issuing fresh guidance on acceptance of pleas. Read his letter to Bar Council Chair Mike Todd and I HERE.  We can work together on this, but there must be a level playing field. Read my response HERE.

I am receiving more press interest than ever before on the genuine plight of hard-working criminal barristers who are struggling to make ends meet. This is very helpful. The CBA has engaged further external support in driving our message home to the general public. A new contract starts tomorrow. Meanwhile, we watch the latest moves by the medical profession very closely. They have our sympathy and support. They deserve the same from the public whom they serve.

Enjoy the long weekend

 

Times Article –

Timely reminder of what is at stake

by Monica Stevenson

 

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

 

Justice and Security Bill –

The Justice and Security Bill which was published on 29 May.

 

The Justice and Security Bill as introduced on 19 May can be downloaded here:

 

http://www.publications.parliament.uk/pa/bills/lbill/2012-2013/0027/13027.pdf

 

Explanatory Notes, which explain the purpose of the clauses in the Bill:

 

http://www.publications.parliament.uk/pa/bills/lbill/2012-2013/0027/en/13027en.pdf

 

The consultation response can be downloaded here:

 

http://consultation.cabinetoffice.gov.uk/justiceandsecurity/wp-content/uploads/2012/05/CM8364_Government-response-to-the-Justice-and-Security-Consultation.pdf

 

ECHR Memo, which sets out the ECHR issues raised by the Bill:

 

http://consultation.cabinetoffice.gov.uk/justiceandsecurity/wp-content/uploads/2012/05/ECHR-Memo.pdf

 

Following careful consideration of the consultation responses and the JCHR report the central proposal to introduce Closed Material Procedures (CMPs) have now ensured that the judge has a more central role, and will be able to grant a CMP only in relation to civil cases involving national security evidence – not crime or international relations.  Inquests have been excluded, and we were never intending to make CMPs available in the criminal courts.  The Bill ensures that no evidence currently heard in open court will be heard in secret in future, but that claims such as mistreatment or complicity in torture brought against the intelligence and security services which cannot currently be heard, can be heard.  

 

The Bill aims to deal with three main problems:

 

  • a number of civil cases are not being heard in our courts because they hinge on national security sensitive evidence which the courts recognise cannot be disclosed openly.  At present the Government’s only option is to try to settle these cases – often for large sums of money – even where the case has no merit.  If the case is a JR of an exclusion or naturalisation case the Government could be forced to stop resisting the entry or settlement of an individual to this country without putting its case.
  • a damaging form of legal tourism has developed which allows someone fighting a case outside the UK to apply to a court in London to force disclosure of intelligence information held by the British, sometimes provided by our allies. This is seriously undermining confidence among our key allies, including the US. 
  • Parliamentary oversight of the intelligence community, which has been criticised as having too limited a remit.

 

Sentencing Council launches new definitive guideline for dangerous dog offences

The Sentencing Council is publishing a new guideline for judges and magistrates on the sentencing of dangerous dog offences. The new guideline will come into effect on 20 August 2012.

All publications, including the definitive guideline and the Council’s response to the consultation, are available here.

 

Follow the chairman on twitter:

 

 

Special offer from Oxford University Press – Save 20% on select Criminal Law Titles

More information and a list of titles can be found here

 

CBA Events:

Half a Century of Crime: A Valedictory Summing Up

A lecture by the Right Honourable Lord Justice Hooper

Inner Temple Hall

Monday 18 June 2012 – 6.30pm

Followed by a Drinks a Reception

The CBA have been allocated 50 places in total to attend the lecture.

If you wish to take this very kind offer up, please be sure that you are able to make the lecture and then book with me, I will then pass the details to the Inn. 

Further information can be found here

 

Other News:              

International News & Events

For the latest update and further information from Advocates for International Development click here

 

Other Events:       

South Eastern Circuit Lecture – How to Apply: The Art of Applying for CPS Upgrade / QASA / Judicial Appointment

Simon Clements, CPS and Martin Forde QC, JAC Commissioner

Monday 18 June at 6pm

Middle Temple

To reserve a place, please email: [email protected]

 

The Koestler Trust’s 50th Anniversary Fundraising Dinner – celebrating arts by offenders helping ensure our next 50 years

Guest of honour : Antony Gormley

Venue The Waldorf

7pm Thursday 28th June 2012

Black Tie

Being held at the Waldorf as its where Arthur Koestler, David Astor and Hugh Casson devised the Koestler Trust

It’s the very first event of its kind for  us and we’re hoping to make it a biennial event for the years to come.

The response from our supporters has be fantastic but we still have a few places left to sell and it would be simply wonderful if we could sell out for the event.

We shall be having an auction which will include a Gormley, a Grayson Perry, a Maggi Hambling and a Mary Feddon as  well as the chefs Table at Gordon Ramsey’s restaurant at Claridges and a master class for two with the world renowned chef Jean Christophe Novelli .

All in all a great night guaranteed but we’re grateful for all the support you can muster for us

 

South Eastern Circuit Bar Mess Foundation Advanced International Advocacy Course

(Bank holiday) Monday 27 August until Saturday 1 September

Keble College, Oxford

The aim of the South Eastern Circuit Bar Mess Foundation Advanced International Advocacy Course at Keble College, Oxford course, is to encourage and develop the highest standards of advocacy amongst practitioners.  The course is the most demanding and intensive of any advocacy course in the UK, and was described by a former presiding judge of the Circuit as the “Best Advanced Course in the UK”

The application form is now available to download:

 

The Inns of Court are each offering funding for up to five of their members towards the cost of attending the Keble Advanced Advocacy Course.  The deadline for applications for the scholarships has been extended to 25 May 2012 and for further details, please click here.

 

South Eastern Circuit Florida Criminal Law Advocacy course

The South Eastern Circuit seeks a Silk with a criminal practice to attend the South Eastern Circuit Florida Criminal Law Advocacy course, held at the University of Florida, Gainesville, from Sunday 5 August to Friday 10 August 2012.  The successful applicant is expected to take part in advocacy exercises, to provide feedback to participants and, he or she will demonstrate qualities marking him or her out as an appropriate ambassador of our profession.  The course fees, accommodation and flights are funded by the Florida Bar Association. Successful candidates will be expected to travel to Gainesville in time to attend the course on 5 August 2012 and if you would like further details, 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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