Yesterday, in response to the sharing on the internet of horrific and sickening footage of the apparent execution of journalist James Foley, the UK’s Metropolitan Police Service (MPS) provided the following statement to news reporters:

The MPS Counter Terrorism Command (SO15) is investigating the contents of the video that was posted online in relation to the alleged murder of James Foley.

We would like to remind the public that viewing, downloading or disseminating extremist material within the UK may constitute an offence under terrorism legislation.

What was eye-catching about this statement was that “viewing” the material could, by itself, be a criminal offence under “terrorism legislation”. By the time the statement was issued, thousands of people had viewed the video. Was the MPS really saying that each UK viewer faced, at least in principle, a conviction under terrorism law for doing so? Read more

An ape takes a selfie: but who owns the copyright in the photograph?

This question is in the news because of a decision contained in the recent Wikimedia Foundation Transparency Report:

A photographer left his camera unattended in a national park in North Sulawesi, Indonesia.

A female crested black macaque monkey got ahold of the camera and took a series of pictures, including some self-portraits.

The pictures were featured in an online newspaper article and eventually posted to Commons.

We received a takedown request from the photographer, claiming that he owned the copyright to the photographs.

We didn’t agree, so we denied the request.

 Read more

The UK government is pushing through emergency legislation.

The Data Retention and Investigatory Powers Bill was published yesterday, and the intention is that it will be an Act of Parliament by the end of next week. A legislative process which usually takes up a year will be truncated into seven days. This is law-making in a hurry. Read more

What would be better than this sentimentality about a thirteenth century manuscript would be for the UK to have proper constitutional guarantees: to make it possible for a defendant to rely on his or her fundamental rights in practical case, and to make it impossible for parliament and the executive to violate these rights. But this would mean that the UK would at last have a mature approach to constitutional rights. Read more

Last weekend the Sunday Mirror reported, almost in passing, that Chris Grayling may be sacked from the UK cabinet:

So Justice Secretary Chris Grayling is expected to get the chop and be replaced by Northern Ireland Secretary Theresa Villiers.

This would be welcome news. Mr Grayling has not been a success as justice secretary and lord chancellor, in respect of either policy making or political leadership. Indeed, it is difficult to imagine a worse ministerial performance. Read more

Earlier this month, a UK government department told senior judges something rather extraordinary: that the department was resorting to an “emergency measure”.

But this was not the Home Office dealing with the aftermath of widespread riots, or the Department for Food, Environment and Rural Affairs coping with sudden flooding of villages and towns. Read more

A fortnight ago the UK government had a disaster in a London criminal court.

It was a disaster which had been one year in the making – and one which was widely predicted. And it was a disaster the impact of which will become even more serious – unless government policy now changes.

In essence, the calamity was that a prosecution for complex fraud – the Operation Cotton case – was stayed (that is, terminated) by a judge on the application of the defendants. This was, of course, unwelcome in itself: it meant alleged fraudsters could walk free without trial. Read more

The ruling today on the Operation Cotton case is significant – in terms of law, policy, and politics.

In essence, the ruling was on whether a complex fraud trial could go ahead in circumstances where there appears to be no legal representation available for the five defendants. The lack of potential representation was in turn because no barristers with the sufficient expertise were willing to work for the government’s legal aid rates for such cases. The prosecution wanted an adjournment so that defence barristers could be somehow found. The defendants instead sought a “stay” – in effect, the termination of the prosecution. Read more

The Ministry of Justice – which is responsible for the prison system in England and Wales – decided in November 2013 that it will restrict books that can be received by serving prisoners. This week the excellent Howard League drew public attention to this, and yesterday a number of distinguished authors signed a letter of protest.

We need to be clear as to the nature of the policy. The relevant document is here (Word document, see especially pages 45 and 56). It is not a general “ban” on books as such. Prisoners will still have access to the books in the prison library and can have up to 12 books in their cell – but access to any books sent from outside prison – either purchased or sent by friends and family – will only be as rewards for good behaviour. The prospect of books, like trinkets, will be dangled to prisoners as treats.  Read more

A number of people in England are, it seems, now routinely searching bins for discarded food so that they and others can eat.

And if this was not sufficiently concerning, the state appears to be seeking to criminalise these people for doing so. Read more