Submission. Submission to the Criminal Procedure Rule Committee on proposed new rules on appeal to the High Court in extradition cases
|
|
- Jacob Elliott
- 5 years ago
- Views:
Transcription
1 Submission Submission to the Criminal Procedure Rule Committee on proposed new rules on appeal to the High Court in extradition cases April 2014
2 About Fair Trials International Fair Trials International (Fair Trials) is a non-governmental organisation that works for fair trials according to internationally recognised standards of justice and provides advice and assistance to people arrested across the globe. Our vision is a world where every person's right to a fair trial is respected, whatever their nationality, wherever they are accused. Fair Trials pursues its mission by helping people to understand and defend their fair trial rights; by addressing the root causes of injustice through our law reform work; and through targeted training and network activities to equip lawyers to defend their clients fair trial rights. Through our expert casework practice, assisting people in cross-border criminal cases, we are uniquely placed to provide evidence on how policy initiatives affect suspects and defendants facing extradition. We have provided detailed evidence to the inquiries of Sir Scott Baker (the Sir Scott Baker Review), the Joint Committee on Human Rights (the JCHR) and the Home Affairs Committee (the HAC), highlighting ways in which the UK s extradition laws could be amended to introduce workable safeguards against abuse and injustice. 1 We submitted several written briefings to both the House of Commons and the House of Lords during passage of the Anti-social Behaviour, Crime and Policing Act 2014 and gave oral evidence to the Public Bill Committee in June For further information, contact: Libby McVeigh Head of Law Reform Fair Trials International Libby.McVeigh@fairtrials.net 1 The Sir Scott Baker Review reported in October 2011; the Joint Committee on Human Rights reported in June 2011; and the Home Affairs Committee reported in March 2012.
3 Background 1. This submission is made in response to the consultation by the Criminal Procedure Rule Committee (the Committee) on new rules about appeals to the High Court in extradition cases, which implement Section 160 of the Anti-social Behaviour, Crime and Policing Act 2014 (the 2014 Act) by introducing a requirement for appellants to the High Court against an extradition decision to obtain the High Court s permission to appeal. Fair Trials welcomes this opportunity to address the Committee with our views on the new rules as we have repeatedly raised concerns about the removal of the automatic right to appeal in extradition cases and therefore want to ensure that the new permission requirement operates as fairly as possible. 2. Extradition has an enormous impact on suspects lives, and those of their families. Given the problems that we regularly see arising at first instance extradition hearings, Fair Trials has concerns about any measure which limits access to appeal courts. A vast majority of suspects subject to extradition proceedings cannot afford a lawyer and are therefore represented by a duty solicitor. Many duty solicitors have little experience of extradition cases and therefore may not be familiar with the complex provisions of the Extradition Act 2003 (the 2003 Act) and associated case law. This can be contrasted with the position of the requesting state, which is automatically entitled to representation by a specialist unit of CPS lawyers. The complexity of extradition cases also means that there is often inadequate time at a first instance hearing for consideration of all the relevant facts and issues. 3. Through two briefings to each of the House of Commons and House of Lords, 2 we have set out three major concerns regarding the current and proposed appeals process in extradition cases, particularly within the fast-track process of the European Arrest Warrant (EAW): a. Removal of automatic right to appeal During parliamentary consideration of the Anti-social Behaviour, Crime and Policing Bill, we repeatedly called for MPs and Peers to reject the introduction of a leave requirement in extradition appeals. The automatic right to appeal is a key safeguard against injustice within the current system and its removal increases the risk that individuals will be removed in situations where extradition is disproportionate and/or where it involves a violation of their fundamental rights. 2 Fair Trials International, Briefing for Joint Committee on Human Rights and the Public Bill Committee, House of Commons, Anti-social Behaviour, Crime and Policing Bill, June 2013, available at: Briefing_Final.pdf; Fair Trials International, Report Stage Briefing House of Commons, Anti-social Behaviour, Crime and Policing Bill, September 2013, available at: Fair Trials International, Briefing, Second Reading House of Lords, Anti-social Behaviour, Crime and Policing Bill, October 2013, available at: and Fair Trials International, Joint Briefing on Clause 148 of the Anti-social Behaviour Crime and Policing Bill, January 2014, available at:
4 b. Time limits for lodging appeal We have raised concerns about the short period of time within which an appeal, or a request for permission to appeal (as will soon be the case), must be lodged and have repeatedly suggested that the time limit in EAW cases should be extended to 14 days, in line with Part 2 cases. The one week deadline in EAW cases is too short and can result in injustice, especially given the more onerous requirements associated with submitting an application for permission to appeal vis a vis a more simple notice of appeal under the existing regime and the more complex argumentation required to demonstrate the applicability of the new bars to extradition introduced by Sections 156 (Extradition barred if no prosecution decision in requesting territory) and 157 (Proportionality) of the 2014 Act. c. Flexible approach to failure to comply with time limits We have long argued that the timeframes for filing appeals against extradition decisions in the UK are applied too strictly, especially given the court s current lack of discretion to hear the appeal if the deadline is missed in cases involving non-british citizens, even where this is not the fault of the individual concerned. Our concerns were acknowledged in the Sir Scott Baker Review, which concluded that the inflexible time limit for the filing of an appeal in EAW cases is operating to cause injustice. 3 The amendments to the 2003 Act in Section 160 of the 2014 Act reflect the Government s recognition that strict deadlines are not appropriate given the unique difficulties faced by extradition defendants in terms of gathering evidence from abroad or compiling information about the human rights situation in other countries. The specific formulation which requires that the High Court must not refuse a notice of application for leave to appeal after the end of the permitted period [...] if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given establishes too high a threshold, which may not capture all potential instances of injustice, particularly given the inevitable reliance of most requested persons upon third parties such as prison officials or legal aid lawyers whose actions they may not be able to influence. We would have preferred the drafting to follow the recommendation in the Sir Scott Baker Review that the court be granted discretion to extend the time limit in the interests of justice. 4. Fair Trials believes that it is vital that suspects facing removal are given a full opportunity to put together a case and identify any valid grounds on which their extradition should be refused, and the appeal process should reflect this. Form of Appeal 5. The proposed Rule sets out the form which an appeal notice must follow, including an extensive list of requirements including all relevant facts, evidence and what may be complex legal arguments explaining why the court of first decision should have decided a question of fact or law differently. 3 See page 333 of the Sir Scott Baker Review.
5 6. For the reasons explained above, including the often poor quality of representation at first extradition hearings before the magistrates court and the challenging circumstances in which many defendants find themselves being in detention and/or without easy access to evidence in support of their position which may be located in the requesting state, we are concerned that it will be very difficult for individuals to satisfy all the requirements listed in Rule within the 7 day time limit. 7. While flexibility is given for out of time appeals (Rule 17.19(2)), we suggest that flexibility should also be applied where an appeal notice is served within time but with evidence missing, provided the notice is accompanied by a commitment to produce such evidence within a reasonable period of time. This may be particularly relevant in cases where information regarding the status of the procedings in the specific case or indeed systemic violations of fair trial rights in the requesting state is required in order to make arguments relating to the trialreadiness of the case or the potential incompatibility of removal with the individual s human rights. Test for Permission 8. The Sir Scott Baker Review recommended that any leave to appeal test should follow the standard required for judicial review, which it described as an arguable case, in order to be allowed to appeal. 4 The inclusion of any higher standard of proof would be inappropriate, not least because the requirement to demonstrate an arguable case would, as is the case in the judicial review process, suffice to weed out those cases with no merit. 9. The test introduced by Rule 17.7(5) follows the civil appeals model, with a real prospect of success test. This establishes a different standard to that recommended by the Sir Scott Baker Review, in response to which the Government introduced the leave requirement in the 2014 Act. 5 We therefore submit that the test should be changed to reflect that applied in judicial review proceedings, as can be deduced was the intention of the Government. Right to renew application for permission to appeal 10. Given our concerns set out above regarding the impact which the new leave requirement will have on the ability for the UK courts to identify cases in which extradition would be unjust, unlawful or violate the fundamental rights of the individual concerned, we submit that the rules governing the process through which permission is to be sought should ensure that every person facing extradition has the right to renew a refusal to grant permission on the papers at an oral hearing. This suggestion is in line with the recommendation set out in paragraph of the Sir Scott Baker Review which suggests that [l]eave to appeal should be sought and granted or refused on paper with right of appeal against refusal to a judge at an oral hearing. Neither this recommendation, nor Section 160 of the 2014 Act which implements it, makes any reference to restrictions on the right to renew a permission request which has been refused on the papers. 4 Para of the Sir Scott Baker Review. 5 See Para 88 of Explanatory Notes to the 2014 Act.
6 11. We therefore submit that the provisions of the proposed new Rule 17.22, which restrict the right to renew in two circumstances (a) when the application has been judged to be totally without merit (Rule 17.22(1)(a), and (b) when the court has given permission limited to a specified issue or issues or subject to a condition or conditions (Rule 17.22(5)(b)) go beyond what was anticipated by the authors of the Sir Scott Baker Review and the drafting of Section 160 of the 2014 Act and should therefore be removed. Fair Trials International April 2014
Briefing. Anti-Social Behaviour, Crime and Policing Bill. Second Reading, House of Lords
Briefing Anti-Social Behaviour, Crime and Policing Bill Second Reading, House of Lords October 2013 About Fair Trials International Fair Trials International (Fair Trials) is a non-governmental organisation
More informationCrime and Courts Bill Briefing for Public Bill Committee, House of Commons New Clauses: Extradition Reform
Crime and Courts Bill for Public Bill Committee, House of Commons New Clauses: Extradition Reform This publication has been produced with the financial support of the Criminal Justice Programme of the
More informationSubmission Fair Trials International s submission to the European Commission
Submission Fair Trials International s submission to the European Commission Consultation on the 2013 EU Citizenship Report EU citizens Your rights, your future 9 September 2012 About Fair Trials International
More informationBail for Immigration Detainees: Submission to the Home Affairs Select Committee s Inquiry on Home Office delivery of Brexit: Immigration
November 2017 Bail for Immigration Detainees: Submission to the Home Affairs Select Committee s Inquiry on Home Office delivery of Brexit: Immigration 1. Bail for Immigration Detainees is an independent
More informationA world where every person s right to a fair trial is respected, whatever their nationality, wherever they are accused.
Effective Interpretation and the Right to a Fair Trial Introduction A world where every person s right to a fair trial is respected, whatever their nationality, wherever they are accused. 1 Introduction
More informationThe bail tribunal does not have the jurisdiction to assess the lawfulness of detention.
Submission from Bail for Immigration Detainees (BID) to the Home Affairs Select Committee in the wake of the Panorama programme: Panorama, Undercover: Britain s Immigration Secrets About BID Bail for Immigration
More informationEuropean Criminal Law Association. European Arrest Warrants. Anand Doobay
European Criminal Law Association European Arrest Warrants Anand Doobay 6 June 2016 Amendments to the Extradition Act 2003 by the Anti-Social Behaviour Crime and Policing Act 2014 1. A number of changes
More informationJudicial review: proposals for reform
Judicial review: proposals for reform Response to Ministry of Justice consultation paper January 2013 The Law Society 2013 Page 1 of 11 Judicial Review: Proposals for Reform Response by the Law Society
More informationMinistry of Justice consultation on proposals to expedite appeals by immigration detainees Law Society response
Ministry of Justice consultation on proposals to expedite appeals by immigration detainees Law Society response November 2016 The Law Society 2016 Page 1 of 7 Introduction 1. The Law Society of England
More informationBriefing on the lawfulness of the use of force provisions in the Criminal Justice and Courts Bill
Briefing on the lawfulness of the use of force provisions in the Criminal Justice and Courts Bill Introduction The Criminal Justice and Courts Bill (the Bill) legislates for the introduction of secure
More informationJustice Committee. Brexit and policing and criminal justice. Written submission from Crown Office and Procurator Fiscal Service
Justice Committee Brexit and policing and criminal justice Written submission from Crown Office and Procurator Fiscal Service 1. Constitutional and legal context The Lord Advocate is head of the system
More informationFrequently Asked Questions
EUROPEAN CRIMINAL RECORDS INFORMATION SYSTEM This leaflet covers: Information about Fair Trials International Frequently Asked Questions It was last updated in October 2012 About Fair Trials International
More informationThe Refugee Council s submission to the Education and Skills Committee inquiry into Every Child Matters
The Refugee Council s submission to the Education and Skills Committee inquiry into Every Child Matters November 2004 Registered address: Refugee Council, 3 Bondway, London SW8 1SJ Charity number: 1014576
More informationA Guide to Applying to the European Court of Human Rights when fair trial rights have been violated October 2012
A Guide to Applying to the European Court of Human Rights when fair trial rights have been violated October 2012 This Guide is available online at www.fairtrials.net/publications/training/ecthrguide About
More informationReforming Scots Criminal Law and Practice: Reform of Sheriff and Jury Procedure. Response to consultation. March 2013
Reforming Scots Criminal Law and Practice: Reform of Sheriff and Jury Procedure Response to consultation March 2013 For further information please contact: Jodie Blackstock, Director of Criminal and EU
More informationREPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
EN EN EN EUROPEAN COMMISSION Brussels, 11.4.2011 COM(2011) 175 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL On the implementation since 2007 of the Council Framework Decision
More informationCriminal Procedure Code No. 301/2005 Coll.
Criminal Procedure Code No. 301/2005 Coll. P A R T F I V E L E G A L R E L A T I O N S W I T H A B R O A D CHAPTER ONE BASIC PROVISIONS Section 477 Definitions For the purposes of this Chapter: a) an international
More informationA Guide to The European Arrest Warrant October 2012
A Guide to The European Arrest Warrant October 2012 About Fair Trials International Fair Trials International (FTI) is a non-governmental organisation that works for fair trials according to internationally
More informationConsidering the Impact of a UK Opt Out of Pre Lisbon Treaty Policing and Criminal Law Measures 1. Purpose of Paper
1. Purpose of Paper 1.1 This paper is intended to brief ACPO Cabinet re the potential impacts on policing of the UK exercising rights under the Lisbon Treaty to opt out of pre Lisbon Treaty EU policing
More informationBriefing. Making the Repatriation of Prisoners Fairer
Briefing Making the Repatriation of Prisoners Fairer June 2011 About Fair Trials International Fair Trials International ( FTI ) is a UK-based NGO that works for fair trials according to internationally
More informationResponse of the Northern Ireland Human Rights Commission to the Housing (Amendment) Bill. NIA Bill 58/11-16 Summary
Response of the Northern Ireland Human Rights Commission to the Housing (Amendment) Bill. NIA Bill 58/11-16 Summary The Northern Ireland Human Rights Commission: (para 2.3) suggests the Committee asks
More informationThe Code. for Crown Prosecutors
The Code for Crown Prosecutors January 2013 Introduction 1.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences
More informationBill C-9 Criminal Code amendments (conditional sentence of imprisonment)
Bill C-9 Criminal Code amendments NATIONAL CRIMINAL JUSTICE SECTION CANADIAN BAR ASSOCIATION September 2006 865 Carling Avenue, Suite 500, Ottawa, Ontario K1S 5S8 Tel/Tél: 613 237-2925 Toll free/sans frais:
More informationGUIDE TO PROCEEDINGS BEFORE THE IMMIGRATION DIVISION
GUIDE TO PROCEEDINGS BEFORE THE IMMIGRATION DIVISION Legal Services Table of Contents About the Guide to Proceedings Before the Immigration Division ii, iii Notes and references..iv Chapter 1... POWERS
More informationA. and Others v. the United Kingdom [GC] /05 Judgment [GC]
Information Note on the Court s case-law No. 116 February 2009 A. and Others v. the United Kingdom [GC] - 3455/05 Judgment 19.2.2009 [GC] Article 5 Article 5-1-f Expulsion Extradition Indefinite detention
More informationJUDGMENT. Zakrzewski (Respondent) v The Regional Court in Lodz, Poland (Appellant)
Hilary Term [2013] UKSC 2 On appeal from: [2012] EWHC 173 JUDGMENT Zakrzewski (Respondent) v The Regional Court in Lodz, Poland (Appellant) before Lord Neuberger, President Lord Kerr Lord Clarke Lord Wilson
More informationPOLICE (DETENTION AND BAIL) BILL EXPLANATORY NOTES
POLICE (DETENTION AND BAIL) BILL EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes relate to the Police (Detention and Bail) Bill as brought from the House of Commons on 7th July 2011. They have
More information4. Those who currently enjoy the right of abode in the UK are:
Briefing to the Joint Committee on Human Rights on the withdrawal of the Right of Abode as provided by the draft (partial) Immigration and Citizenship Bill: 1. This briefing is provided in view of the
More informationJCHR: Inquiry into the human rights of unaccompanied migrant children
Joint Committee on Human Rights: inquiry into the human rights of unaccompanied migrant children and young people in the UK with a particular focus on those who are seeking asylum or who have been the
More informationSlide 2 We will discuss different areas where co operation with the judicial authorities may be important for prosecutors of environmental crime.
Slide 1 There is an increase in environmental law having transboundary implications. This is particularly the case in transfrontier shipment of waste but many pollution offences particularly those involving
More informationCash Seizure and Forfeiture
Cash Seizure and Forfeiture Kirwans is regulated by the Solicitors Regulation Authority No: 71723. VAT No: 595 5994 62 Cash Seizure and Forfeiture Welcome to the Kirwans Guide on Cash Seizure and Forfeiture.
More informationEXECUTION OF EAW AND HUMAN RIGHTS
Zimonjić Bojana Faculty of political sciences, University of Belgrade, Belgrade, Serbia Abstract: In this paper, the author deals with the problems surrounding execution of EAW in the field of human rights.
More informationUpdate re cuts to legal aid for immigration advice: The Legal Aid, Sentencing and Punishment of Offenders Bill
Update re cuts to legal aid for immigration advice: The Legal Aid, Sentencing and Punishment of Offenders Bill 1. This note is to accompany a short presentation to the Kensington and Chelsea Advice Forum
More informationDelegations will find the text of this Resolution in annex II and are invited to present their comments at the COPEN meeting of 28 May 2014.
COUNCIL OF THE EUROPEAN UNION Brussels, 20 May 2014 9968/14 COPEN 153 EUROJUST 99 EJN 57 NOTE from: to: Subject: Presidency Delegations Issues of proportionality and fundamental rights in the context of
More information2. Appellants who are in immigration detention are already expedited through the Detained Immigration Appeals (DIA) process. 1
Email: enquiries@biduk.org www.biduk.org Winner of the JUSTICE Human Rights Award 2010 Consultation on Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 and Tribunal
More informationBriefing note: EU strengthens trials in absentia - Framework Decision could lead to miscarriages of justice. (1) Executive Summary
Briefing note: EU strengthens trials in absentia - Framework Decision could lead to miscarriages of justice (1) Executive Summary On 6 June 2008 EU Ministers of Justice reached an agreement on rules that
More informationTHE OFFICE OF EUROPEAN PUBLIC PROSECUTOR
FAIR TRIALS ABROAD THE OFFICE OF EUROPEAN PUBLIC PROSECUTOR DELIBERATIONS ON THE EUROPEAN COMMISSION GREEN PAPER (DECEMBER 2001) CRIMINAL-LAW PROTECTION OF THE FINANCIAL INTERESTS OF THE EUROPE COMMUNITY
More informationCommon law reasoning and institutions
Common law reasoning and institutions England and Wales Common law reasoning and institutions I. The English legal system and the common law tradition II. Courts, tribunals and other decision-making bodies
More informationCounter-Terrorism and Security Bill. House of Commons Committee Stage Briefing on Selected Amendments
Counter-Terrorism and Security Bill House of Commons Committee Stage Briefing on Selected Amendments 12 December 2014 For further information contact Angela Patrick, Director of Human Rights Policy email:
More informationIn preparing this response we have drawn on the assistance of FODO s defence lawyers, Berrymans Lace Mawer LLP, in formulating this response.
The Federation of Ophthalmic and Dispensing Opticians (FODO) represents registered opticians in business. It accounts for over three quarters of market activity and over two thirds of eye examinations.
More informationEuropean Union (Withdrawal) Bill House of Lords Report stage 23 April 2018
European Union (Withdrawal) Bill House of Lords Report stage 23 April 2018 This briefing covers amendments to: retain the EU Charter of Fundamental Rights (Amendment 15) clarify the status of future decisions
More informationIMMIGRATION, ASYLUM AND NATIONALITY BILL HL BILL 66 BRIEFING FOR LORDS REPORT 6 FEBRUARY 2006 CLAUSE 4 ENTRY CLEARANCE APPEALS
IMMIGRATION, ASYLUM AND NATIONALITY BILL HL BILL 66 BRIEFING FOR LORDS REPORT 6 FEBRUARY 2006 CLAUSE 4 ENTRY CLEARANCE APPEALS ILPA is a professional association with some 1200 members, who are barristers,
More informationThe European Investigation Order: Changing the face of evidence-gathering in EU crossborder
The European Investigation Order: Changing the face of evidence-gathering in EU crossborder cases Catherine Heard and Daniel Mansell, Fair Trials International 1 Abstract This article examines the controversial
More informationBRIEFING: Immigration Bill, House of Lords Second Reading, 22 December 2015.
Email: enquiries@biduk.org www.biduk.org Winner of the JUSTICE Human Rights Award 2010 BRIEFING: Immigration Bill, House of Lords Second Reading, 22 December 2015. About BID Bail for Immigration Detainees
More informationEU (Withdrawal) Bill- Committee stage
EU (Withdrawal) Bill- Committee stage The Law Society represents, promotes, and supports solicitors, publicising their unique role in providing legal advice, ensuring justice for all and upholding the
More informationTribunal Procedure Committee
Tribunal Procedure Committee Judicial Review of Fresh Claim decisions in immigration and asylum cases. Consultation on possible amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008. Questionnaire
More informationData Protection Bill, House of Commons Second Reading Information Commissioner s briefing
Data Protection Bill, House of Commons Second Reading Information Commissioner s briefing Introduction 1. The Information Commissioner has responsibility in the UK for promoting and enforcing the Data
More informationGovernment response to the Joint Committee on Human Rights: The implications for access to justice of the Government's proposals to reform legal aid.
Government response to the Joint Committee on Human Rights: The implications for access to justice of the Government's proposals to reform legal aid. February 2014 Government response to the Joint Committee
More informationData Protection Bill, House of Lords second reading Information Commissioner s briefing
Data Protection Bill, House of Lords second reading Information Commissioner s briefing Introduction... 2 Overview... 2 Derogations... 4 Commissioner s part-by- part commentary on the Bill... 5 Part one:
More informationScottish Government and Scottish Law Commission written submission
Scottish Government and Scottish Law Commission written submission Summary of Issue Raised 1 Faculty of Advocates: (See Faculty s general comment at 1(i) and related point at 1(ii)(b) in written evidence)
More informationJUDGMENT. R v Sally Lane and John Letts (AB and CD) (Appellants)
REPORTING RESTRICTIONS APPLY TO THIS CASE Trinity Term [2018] UKSC 36 On appeal from: [2017] EWCA Crim 129 JUDGMENT R v Sally Lane and John Letts (AB and CD) (Appellants) before Lady Hale, President Lord
More informationTHE IMPACT OF THE NEW LEGAL AID REGIME ON CRIMINAL PROCEEDINGS IN BULGARIA. SVETLA IVANOVA AND VLADIMIR NIKOLOV ERA, CRACOW, 2-3 March 2017
1 ON CRIMINAL PROCEEDINGS IN BULGARIA. SVETLA IVANOVA AND VLADIMIR NIKOLOV ERA, CRACOW, 2-3 March 2017 2 DIRECTIVE 2016/1919/ EU ON LEGAL AID FOR SUSPECTS AND ACCUSED PERSONS IN CRIMINAL PROCEEDINGS AND
More informationChildren s Commissioner Review NGO Co-ordinating Group
Children s Commissioner Review NGO Co-ordinating Group JOINT SUBMISSION TO THE JCHR IN RELATION TO ITS CONSIDERATION OF DRAFT LEGISLATION FOR REFORM OF THE OFFICE OF THE CHILDREN S CONSIDERATION About
More informationINITIAL RESPONSE TO THE CARLOWAY REPORT
INITIAL RESPONSE TO THE CARLOWAY REPORT November 2011 For further information contact Maggie Scott QC; Jodie Blackstock, Director of Criminal and EU Justice Policy Email: scottish.justice@advocates.org.uk
More informationELECTORAL FUNDING AND DISCLOSURE REFORM
ELECTORAL FUNDING AND DISCLOSURE REFORM Submission to the Joint Standing Committee on Electoral Matters January 2018 Research Australia Page 1 ABOUT RESEARCH AUSTRALIA Our vision: Research Australia envisions
More informationSUBMISSION FROM THE LORD ADVOCATE UK SUPREME COURT JURISDICTION. Background
SUBMISSION FROM THE LORD ADVOCATE UK SUPREME COURT JURISDICTION Background 1. The First Minister asked a review group, chaired by Lord McCluskey, to examine the relationship between the High Court of Justiciary
More informationAsylum Aid s Submission to the Home Office/UK Border Agency Consultation: Immigration Appeals
Asylum Aid s Submission to the Home Office/UK Border Agency Consultation: Immigration Appeals About Asylum Aid Asylum Aid is an independent, national charity working to secure protection for people seeking
More informationGuide: An Introduction to Litigation
Guide: An Introduction to Litigation Matthew Purcell, Head of Dispute Resolution Saunders Law Solicitors The aim of this guide This guide is designed to provide an outline of how to resolve a commercial
More informationData Protection Bill: Collective Redress
Bill Committee Evidence Data Protection Bill: Collective Redress Which? is the largest consumer organisation in the UK with more than 1.7 million members and supporters. We operate as an independent, a-political,
More informationRevised Rates of Payment to Lawyers (1 May 2014) No Service Provided Rates Before 1 May 2014 Rates From 1 May 2014
Revised Rates of Payment to Lawyers (1 May 2014) No Service Provided Rates Before 1 May 2014 Rates From 1 May 2014 (1) Duty solicitor 1 client RM50 2 clients RM90 3 clients RM120 4 clients RM140 5 or more
More informationBefore: LORD CARLILE OF BERRIEW QC Sitting as a Deputy Judge of the High Court Between:
Neutral Citation Number: [2009] EWHC 443 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/8217/2008 Royal Courts of Justice Strand, London, WC2A 2LL Date: 10
More informationJUDGMENT. Konecny (Appellant) v District Court in Brno- Venkov, Czech Republic (Respondent)
Hilary Term [2019] UKSC 8 On appeal from: [2017] EWHC 2360 (Admin) JUDGMENT Konecny (Appellant) v District Court in Brno- Venkov, Czech Republic (Respondent) before Lord Kerr Lord Hodge Lady Black Lord
More informationThe House of Commons Code of Conduct and the Criminal Law
House of Commons Committee on Standards The House of Commons Code of Conduct and the Criminal Law Seventh Report of Session 2013 14 HC 903 House of Commons Committee on Standards The House of Commons
More informationDISCUSSION TOPIC 2 COMMONWEALTH CIVIL DISPUTE RESOLUTION Compiled by Pat Saraceni & Greg Nell SC
THE MARITIME LAW ASSOCATION OF AUSTRALIA AND NEW ZEALAND A.C.N. 054 763 923 DISCUSSION TOPIC 2 COMMONWEALTH CIVIL DISPUTE RESOLUTION Compiled by Pat Saraceni & Greg Nell SC The Civil Dispute Resolution
More informationGARDEN COURT CHAMBERS CIVIL TEAM. Response to Consultation Paper CP25/2012: Judicial Review: proposals for reform
GARDEN COURT CHAMBERS CIVIL TEAM Response to Consultation Paper CP25/2012: Judicial Review: proposals for reform Introduction 1. This is a response to the Consultation Paper on behalf of the Civil Team
More informationDeportation Appeals. Representing Yourself in the First Tier Tribunal (FTT) in an Article 8 Deportation Appeal
Deportation Appeals Representing Yourself in the First Tier Tribunal (FTT) in an Article 8 Deportation Appeal July 2017 Bail for Immigration Detainees (BID) is a national charity that provides legal advice
More informationCivilian Oversight: Balancing Risks, Rights and Responsibilities
Civilian Oversight: Balancing Risks, Rights and Responsibilities Speech Delivered by Shirley Heafey Chair Commission for Public Complaints Against the RCMP To Canadian Association of Civilian Oversight
More informationRECENT DEVELOPMENTS IN EXTRADITON APPEALS
RECENT DEVELOPMENTS IN EXTRADITON APPEALS There have been some important decisions of the higher courts in the last two years relating to appeals, particularly in European Arrest Warrant (EAW) cases, many
More informationTRANSPARENCY OF LOBBYING, NON-PARTY CAMPAIGNING AND TRADE UNION ADMINISTRATION BILL
TRANSPARENCY OF LOBBYING, NON-PARTY CAMPAIGNING AND TRADE UNION ADMINISTRATION BILL Evidence to Mark Boleat to Commons Political and Constitutional Reform Committee Inquiry on lobbying aspects of the Bill
More informationBEHAVIOURS IN SUPPORT OF THE RULE OF LAW
180 ESSAY BEHAVIOURS IN SUPPORT OF THE RULE OF LAW By Anthony Inglese Author LLM, Cambridge University, 1975 The Bar of England and Wales, 1976 and Formerly member of the UK Government Legal Service (but
More informationLSB Discussion Document - Regulation of immigration advice and services. Law Society response 24th May 2012
LSB Discussion Document - Regulation of immigration advice and services Law Society response 24th May 2012 Regulation of immigration advice and services Law Society response The Law Society is the professional
More informationLiberty s Briefing on all stages of the Police (Detention and Bail) Bill in the House of Commons
Liberty s Briefing on all stages of the Police (Detention and Bail) Bill in the House of Commons July 2011 About Liberty Liberty (The National Council for Civil Liberties) is one of the UK s leading civil
More informationPractice Guidance Case Management and Mediation of International Child Abduction Proceedings 1. Introduction
Practice Guidance Case Management and Mediation of International Child Abduction Proceedings 1. Introduction 1.1. For the purposes of this Practice Guidance, international child abduction proceedings are
More informationProposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, XXX COM(2013) 822/2 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on procedural safeguards for children suspected or accused in criminal proceedings
More informationSome remarks regarding the Draft Council Framework Decision on the enforcement of decisions rendered in absentia 1
Some remarks regarding the Draft Council Framework Decision on the enforcement of decisions rendered in absentia 1 By A.J.M. de Swart 2 A. Reason for the draft Framework Decision In various (draft) Council
More informationThe Commission s proposals on Legal Aid. ECBA Conference Warsaw, 26 April 2014
The Commission s proposals on Legal Aid ECBA Conference Warsaw, 26 April 2014 26 April 2014 Directive 2013/48/EU (Measure C1): Right to access to a lawyer Holds the rights, i.a.: To consult with a lawyer
More informationSubmission by the Scottish Legal Services Ombudsman
Justice 1 Committee of the Scottish Parliament Enquiry into the regulation of the legal profession Submission by the Summary 1. The s role and remit: to investigate complaints about the way the Law Society
More informationThe Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe
Recommendation Rec(2006)13 of the Committee of Ministers to member states on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse (Adopted
More informationALDE EAW Speech 17 th October 2013
ALDE EAW Speech 17 th October 2013 Thank you to Baroness Ludford and Ms Weber for inviting me to speak today. Fair Trials International is a defence rights organisation, but I would like to make very clear
More informationRawlinson & Hunter Trustees SA and others v Central Criminal Court. Tchenguiz v Director of Serious Fraud Office and others
Rawlinson & Hunter Trustees SA and others v Central Criminal Court Tchenguiz v Director of Serious Fraud Office and others High Court (Divisional Court) 31 July 2012 SUMMARY TO ASSIST THE MEDIA The High
More information2. Do you think that an expedited immigration appeals process should apply to all those who are detained? If not, why not?
Response to Ministry of Justice consultation on proposals to expedite appeals by immigration detainees 22 nd November 2016 1. Do you agree that specific Rules are the best way to ensure an expedited appeals
More informationA Competence Statement for Solicitors
A Competence Statement for Solicitors Consultation questionnaire form This form is designed to be completed electronically in MS Word. Please save it locally before and after completing it. To request
More informationCoroners and Justice Bill
Coroners and Justice Bill Suggested amendments for Committee Stage House of Commons February 2009 For further information contact Sally Ireland, Senior Legal Officer (Criminal Justice) E-mail: sireland@justice.org.uk
More informationPolice Reform and Social Responsibility Bill Joint briefing for House of Lords Committee stage 14 June 2011
Police Reform and Social Responsibility Bill Joint briefing for House of Lords Committee stage 14 June 2011 Clause 154 Changes to arrest procedure for international crimes INTRODUCTION The organisations
More informationBefore: CHRISTOPHER SYMONS QC Sitting as a Deputy Judge of the High Court Between:
Neutral Citation Number: [2009] EWHC 228 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/4765/2008 Royal Courts of Justice Strand, London, WC2A 2LL Date: 13
More informationJustice Select Committee Inquiry: Impact of changes to civil legal aid under the Legal Aid, Sentencing and Punishment of Offenders Act 2012
28 Commercial Street, London E1 6LS Tel: 020 7247 3590 Fax: 020 7426 0335 Email: enquiries@biduk.org www.biduk.org Winner of the JUSTICE Human Rights Award 2010 Justice Select Committee Inquiry: Impact
More informationLetter from Rt Hon Theresa May MP, Home Secretary, to the Chair of the Committee, 26 April Communication Data
Letter from Rt Hon Theresa May MP, Home Secretary, to the Chair of the Committee, 26 April 2012 Communication Data Thank you for your letter of 2 April regarding Home Office plans on electronic surveillance.
More informationCounter Terrorism Policy and Human Rights (Twelfth Report): Annual Renewal of 28 Days 2008
House of Lords House of Commons Joint Committee on Human Rights Counter Terrorism Policy and Human Rights (Twelfth Report): Annual Renewal of 28 Days 2008 Twenty fifth Report of Session 2007-08 Report,
More informationRT HON SIR ALAN DUNCAN MP
RT HON SIR ALAN DUNCAN MP 2.S April 2018 The Rt Hon Harriet Harman QC MP Chair, Joint Committee on Human Rights House of Commons, London SW1A OAA Foreign & Commonwealth Office King Charles Street London
More informationBefore : LORD CHIEF JUSTICE OF ENGLAND AND WALES
Neutral Citation Number: [2014] EWCA Crim 1570 IN THE COURT OF APPEAL (CRIMINAL DIVISION) Royal Courts of Justice Strand, London, WC2A 2LL Before : Date: 23/07/2014 LORD CHIEF JUSTICE OF ENGLAND AND WALES
More informationSUBMISSION FROM BAIL FOR IMMIGRATION DETAINEES (BID) FOR THE CONSULTATION ON CODES OF PRACTICE FOR CONDITIONAL CAUTIONS
28 Commercial Street, London E1 6LS Tel: 020 7247 3590 Fax: 020 7426 0335 Email: enquiries@biduk.org www.biduk.org Winner of the JUSTICE Human Rights Award 2010 Conditional Cautions Code of Practice Ministry
More informationEHRiC/S5/18/ACR/26 EQUALITIES AND HUMAN RIGHTS COMMITTEE AGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) BILL SUBMISSION FROM THE LAW SOCIETY OF SCOTLAND
EQUALITIES AND HUMAN RIGHTS COMMITTEE AGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) BILL SUBMISSION FROM THE LAW SOCIETY OF SCOTLAND Ag Introduction The Law Society of Scotland is the professional body for
More informationRESPONSE by FACULTY OF ADVOCATES To Pre-Recording evidence of Child and Other Vulnerable Witnesses
RESPONSE by FACULTY OF ADVOCATES To Pre-Recording evidence of Child and Other Vulnerable Witnesses The Faculty of Advocates is the professional body to which advocates belong. The Faculty welcomes the
More informationJustice Committee. Criminal Justice (Scotland) Bill. Written submission the Law Society of Scotland
Justice Committee Criminal Justice (Scotland) Bill Written submission the Law Society of Scotland Introduction The Law Society of Scotland aims to lead and support a successful and respected Scottish legal
More informationInformation from Bail for Immigration Detainees: Families separated by immigration detention August 2010
Information from Bail for Immigration Detainees: Families separated by immigration detention August 2010 From November 2008 to August 2010, Bail for Immigration Detainee s (BID s) family team worked with
More informationChapter 11 The use of intelligence agencies capabilities for law enforcement purposes
Chapter 11 The use of intelligence agencies capabilities for law enforcement purposes INTRODUCTION 11.1 Earlier this year, the report of the first Independent Review of Intelligence and Security was tabled
More informationEuropean Union Referendum Bill 2015 House of Lords Second Reading briefing - 7 October 2015
European Union Referendum Bill 2015 House of Lords Second Reading briefing - 7 October 2015 Introduction The Electoral Commission is an independent body which reports directly to the UK Parliament. We
More informationLiberty s submission to the House of Commons Public Bill Committee on the Trade Bill
Liberty s submission to the House of Commons Public Bill Committee on the Trade Bill January 2018 1 About Liberty Liberty (The National Council for Civil Liberties) is one of the UK s leading civil liberties
More informationImmigration Bail and Studying Coram Children's Legal Centre s briefing, March 2018
Immigration Bail and Studying Coram Children's Legal Centre s briefing, March 2018 Schedule 10 of the Immigration Act 2016 1 made significant changes to the status of those without leave to enter or remain
More informationRead this before you start!
Chapter 1 Read this before you start! 1.1 Introduction 1.3 The LAA Manual 1.5 The LAA website 1.9 Civil and family key documentation 1.9 The Standard Contract 2010 or 2013 1.14 The Standard Contract Specification
More information