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
“The cause of everyone’s misfortunes is their inability to sit quietly in a room.” Blaise Pascal
Very few citizens of the UK appear to have any great interest in constitutional affairs. And, other than those with a passion for devolution of its constituent nations, there are probably a few hundred people who ever give constitutional reform any serious thought.
Many do not even believe that there is even a constitution in place; such things are instead what foreign folk have to cause themselves needless difficulties. A sincere concern with constitutional affairs seems the preserve of the Tory fogey or the academic radical, but is not the stuff of serious politics. Read more
Dawn arrests and long bail are two extreme examples of how the coercive power of the state can be applied to individuals.
The first is short and dramatic: a loud knock on the door in the early hours followed by your arrest and removal to a police station, whilst your is home is invaded and thoroughly turned over by a team of uniformed police officers. And the second is painful and ongoing: after the arrest and release on bail, then weeks or months – or even years – will go by without you knowing whether you will be charged or not.
In both situations, there has been a lot of attention by reason of the various police operations connected to the conduct of the tabloid media. Of course, this publicity is not surprising: many of those arrested are, by definition, professional communicators.
But neither dawn arrests nor long terms of bail are particularly a journalists’ problem. Both go wider; it is merely because they have happened to media folk that what has happened and its impact on those involved is clearer for others to see.
Are there any good reasons for these dawn arrests and the long bail? Is there, as a reporter would ask, another side to the story? Or are there wider problems here, which the current media-related cases are acting to bring to light? Read more
Here is a thought-experiment: imagine that you have asked some mischievous demon to conceive the most counter-productive way of dealing with crime. What fiendish scheme would this diabolic agent devise?
The demon could suggest a system where offenders are kept together with more serious and experienced criminals for months or years, and so can learn from them; where the offender is taken away from any gainful employment and social support or family network; where the offender is put in places where drugs and brutality are rife; where the infliction of a penalty can make the offender more, and not less, likely to re-offend; and where all this is done at extraordinary expense for the taxpayer.
A system, in other words, very much like the prison system we now have in England and Wales, as well as in many other jurisdictions. Read more
Lady Justice does not always have her eyes covered: for example, contrary to popular belief, she does not wear a blindfold on top of the Old Bailey.
Sometimes she is depicted by artists as being blindfolded, and sometimes she is not. (Perhaps wisely, those statues and paintings which have Lady Justice blindfolded tend to have her with the sword safely lowered; and whether someone brandishing a sword whilst wearing a blindfold is an appropriate image for any system of justice is a matter of opinion.) But there is no consensus among painters and sculptors as to whether Lady Justice should be wearing a blindfold or not.
There is similar inconsistency in what parts of the justice system we are allowed to see, as members of the public or even as jurors or parties to a claim or prosecution. Some parts of our legal process are open, whilst other aspects are hidden from our view. This is because there is no general principle of open justice in the jurisdiction of England and Wales: it is often a game of pass the blindfold as any court case continues. Read more
Chris Grayling, the justice secretary and lord chancellor, is attacking judicial review. He has derided it in the Daily Mail, and the department he heads, the ministry of justice, has issued a consultation paper on further “reform”.
It is worth considering what point, if any, is served by judicial review. This will help explain why the government’s proposals to narrow the rights of individuals and representative groups to bring judicial reviews should be of general concern. Read more