Dr. Michael Stockdale s invitation to speak at the Old Bailey on the topic of expert evidence in criminal proceedings;

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1 Centre for Evidence & Criminal Justice Studies October 2016 Volume 1, Issue 6 THE NCECJS ACADEMIC YEAR IN SUMMARY The 2015/16 academic year has been another busy, highly productive and interesting one for the NCECJS. Highlights of the year include; The culmination of the European Commission funded UKPFE project which saw Professor Tim Wilson and Adam Jackson present at the UKPFE end of project conference at Europol in The Hague and Professor Wilson, Dr. Michael Stockdale and Chris Wood contribute significantly to the final project report to the Home Office; Dr. Michael Stockdale s invitation to speak at the Old Bailey on the topic of expert evidence in criminal proceedings; and A visit to the Law School by the Rt Hon Lord Hodge who gave a public lecture. This year also saw the NCECJS host its first major external event at the Honourable Society of the Inner Temple in London. The one day symposium entitled Expert Evidence in the Criminal Justice System: Achieving Best Practice was designed to build on and solidify the already extensive research undertaken by the Centre in this area. The London event was a huge success with senior attendees representing a range of stakeholder organisations including; the Law Commission, the Advocacy Training Council, the Bar Council, the Criminal Bar Association, the Crown Prosecution Service, the Criminal Cases Review Commission, the Metropolitan Police, Axiom International Ltd, LGC Forensics, Keith Borer Consultants, Principal Forensics Ltd., ) INSIDE THIS ISSUE Round up of the events held in By Adam Jackson Pages... 1&2 Review of Seminar in June Vanessa Bettinson by N Wake Page 3 Review of Symposium on The Future of fitness to plead in the criminal court By Professor Kevin Kerrigan and Natalie Wortley Page 4 FORTH COMING EVENTS TO CELEBRATE 10TH ANNIVER- SARY OF CECJS Page 5 DATES FOR YOUR DIARY October 2016 Mo Tu We Th Fr Sa Su

2 The NCECJS academic year in summary continued Sustainable Criminal Justice Solutions as well as a wide range of legal practitioners (including judges, barristers and solicitors and academics from the Universities of Nottingham, Kent and Hull. This engagement between academic research and professional practice to me epitomises the purpose of the NCECJS. Elsewhere in this newsletter you can read about our most recent event, a joint symposium held with New Park Court Chambers on The Future of Fitness to Plead in the Criminal Courts. The event was organised by my fellow Deputy Director Natalie Wortley and Professor Kevin Kerrigan, with assistance from our colleague Nicola Wake and featured presentations from Professor David Ormerod, the Criminal Law Commissioner for England and Wales, Dr. Arlie Loughnan, Associate Professor, University of Sydney, Robert Smith Q.C. and Alistair MacDonald Q.C.; just another example of the high quality research and engagement work undertaken by the Centre. Throughout the year we have, as part of our evening seminar series and other events, hosted speakers on a range of issues and from a range of disciplines and jurisdictions. These have included Dr Ray Arthur and Nicola Wake s conference last September on the age of criminal responsibility, IPCC Commissioner Carl Gumsley speaking about the role of the Independent Police Complaints Commissioner, Jill Dickinson (Sheffield Hallam University) and Lydia Bleasdale-Hill (University of Leeds) on regulation of dangerous dogs, Gavin Dingwall (De Montfort University) on moral fault and mens rea, Professor Heather Douglas, University of Queensland on evidence and the feminist judge, Mehara San Roque, University of New South Wales who chaired a round table event on expert evidence, Dr Claire McDiarmid (University of Strathclyde) on beyond nonage ; a defence for children who offend and Dr. Jamie Harding (Northumbria Unviersity) offering a criminological perspective on the law and policy relating to homelessness. As you can hopefully see from this brief summary the NCECJS continues to go from strength to strength seeking funding opportunities, expanding its internal and external membership and its national and international reputation. Next year will see the 10 th Anniversary of the NCECJS and we have a great deal planned including the visit of Lord Mackay of Clashfern and the launch of a student wing of the Centre. All that remains is for me to offer my thanks to everyone who has supported, participated in and engaged with the work of the Centre again this year and my hope that this collaboration will continue into the future. Adam Jackson, Deputy Director NCECJS 2

3 REVIEW OF RECENT VISIT FROM: VANESSA BETTISON IN JUNE In June 2016, Vanessa Bettinson from De Montfort University delivered a paper entitled, 'Criminalising coercive and controlling behaviour in domestic violence cases: Achievable or a mere aspiration?' The paper provided an analysis of s. 76 Serious Crime Act 2015 that entered into force on 29th December 2015 and created the offence of coercive or controlling behaviour in an intimate or family relationship. In particular Vanessa argued that whilst steps have been taken to develop substantive law where there was an evident gap in respect of the behaviour and harm involved in many instances of domestic violence, the new offence is likely to prove challenging to apply. The paper drew comparisons between the Scottish legal system and the draft offence of domestic abuse in Scottish Government Consultation Paper, A Criminal offence of domestic abuse (2015). The paper was both very well received and well attended. We are delighted to welcome Vanessa as a Centre member. Nicola Wake, Deputy Director NCECJS We are pleased to announce that Professor Jeremy Horder, Head of Law at London School of Economics will be delivering The 4th Ashgate Annual Lecuture Substantive Issues in Criminal Law Series this will be held at Northumbria University, City Campus East 1 on 1st December 2016 from 18:00 3

4 JUNE SYMPOSIUM: THE FUTURE OF FITNESS TO PLEAD IN THE CRIMINAL COURTS On 29 th June 2016, the Centre hosted a multi-disciplinary professional symposium regarding the Law Commission s proposals for reform of the law and practice regarding Unfitness to Plead in the criminal courts. The symposium, held in partnership with New Park Court Chambers, reviewed the Law Commission s recent report (Law Com No 364, January 2016), which concluded that the current law is not fit for purpose. The report recommends a radical overhaul to modernise the test for unfitness, which has not fundamentally changed since the mid-19 th Century. The proposals would also change the procedure for dealing with vulnerable defendants who are not fit to stand trial and, for the first time, introduce a systematic way of dealing with such defendants in the magistrates courts. Speakers included: Professor David Ormerod, the Law Commissioner who led the Unfitness to Plead law reform project; Associate Professor Arlie Loughnan from the University of Sydney, who authored the definitive piece on the Commission s proposals in the Criminal Law Review; Dr James Stoddart, a leading consultant forensic psychiatrist who manages medium secure units in the North; Robert Smith QC, Head of New Park Court Chambers and senior counsel in the leading unfitness to plead/human rights case of R v H [2003] UKHL 1; and Alistair MacDonald QC, 2015 Chairman of the Bar. The packed room was full of doctors, solicitors, barristers, intermediaries and academics, who were fully engaged in debate about the prospects for better systems for dealing with defendants who lack the capacity to undergo a full criminal trial. The Centre has been substantially engaged in this particular law reform project, including extensive contribution to the consultation process and in developing awareness among lawyers, clinicians and other criminal justice professionals. This event further contributed to a deeper understanding of the current law, as well as the Law Commission s proposals and their likely practical implications. Professor Kevin Kerrigan and Natalie Wortley

5 ELDON LECTURE AND 10TH ANNIVERSARY SYMPOSIUM FOR CENTRE FOR EVIDENCE & CRIMINAL JUSTICE STUDIES AT NORTHUMBRIA UNIVERSITY ELDON LECTURE 27th October The Right Honourable Lord McKay of Clashfern KT is delivering an Eldon Lecture entitled Criminal Trial on Indictment in England and Scotland : A Comparative View from Hadrian s Wall at Northumbria University City Campus East 1 from 18:00 CECJS 10th ANNIVERSARY SYMPOSIUM will be held at Northumbria University, in Sutherland Building, Great Hall on 28th October from 09:30 16:00 There will be a range of distinguished speakers interspersed with workshop session which will include a presentation by The Irish Law Reform Committee on its reform proposals. Further details and an invitation will be sent our early September ITINERARY 28 October 09:30 10:00 Registration and refreshment 10:00 10:10 Opening speach by Dr Michael Stockdale 10:10 10:40 Professor Gary Edmond Plenary 10:40 11:10 Ray Byrne Irish Law Reform 11:10 11:40 Round table Irish Law Reform 11:40 12:20 Lunch 12:20 12:50 Dr Gillian Tully Challenges to Forensic Science Quality 12:50 13:20 Round table Streamlined Forensic Reports 13:20 13:50 Professor Tony Ward The Davie Principle and Procedural Reform 13:50 14:10 Refreshments 14:10 14:40 Dr Michael Stockdale and Adam Jackson Expert Evidence and the Crim PR/PD 14:40 15:10 Professor Paul Roberts Expert Evidence Law Reform in Institutional context 15:10 15:40 Round table 16:00 Closing speech by Professor Tim Wilson

6 CENTRE FOR EVIDENCE & CRIMINAL JUSTICE STUDIES The Centre encourages the exchange of ideas and facilitates collaboration regionally, nationally and internationally. NCECJS brings together Northumbria academics and postgraduate students from a range of disciplines with colleagues from other academic institutions, members of the judiciary, legal practitioners and other major stakeholders in the criminal justice system such as senior police officers and leading expert witnesses. Its reputation is based on an extensive range of academic publications as well as a major programme of externally funded research and significant public engagement activities. CENTRE FOR EVIDENCE & CRIMINAL JUSTICE STUDIES You can find Centre for Evidence and Crimuinal Justice Studies at: Mission statement To undertake research of value and interest to a wide range of academic and practitioner communities within the legal systems of the UK, and other EU and common law countries. You can follow us on:@evidencecentre #CECJS If you would like to become a member please contact: gloria.ralph@northumbria.ac.uk