Smith and others v Ministry of Defence [2013] UKSC 41 Facts This case involved a series of claims brought by the families of troops killed while on duty in Iraq. The Smith claim arose from the death of UK soldiers on duty in Iraq in Snatch Land Rovers subject to the impact of an improvised […]
Making Justice Work: Courts Reform (Scotland) Bill
June 11, 2013
The Making Justice Work: Courts Reform (Scotland) Bill Consultation ran from February to May 2013. It contained proposals to restructure the way civil cases and summary criminal cases are dealt with by the courts in Scotland. The proposals suggest a legal framework for implementing the majority of recommendations of the Scottish Civil Courts Review. The […]
JUSTICE calls for Government to publish torture inquiry findings
June 10, 2013
JUSTICE, together with other NGOs, wrote to the national press to highlight the critical recommendations of the UN Committee against Torture on the UK’s recent record. The Government must take heed of the Committee’s recommendation that the interim findings of the Gibson inquiry on the treatment of detainees should be published as soon as possible. […]
Legal aid: Vulnerable will suffer most if access to justice and a fair defence for all withdrawn says JUSTICE
June 5, 2013
JUSTICE considers that the proposals in Transforming Legal Aid are rushed, ill-considered and unsupported by evidence. We regret that less than a year after the implementation of the last reforms in Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”), the Government is proposing a series of changes which fail to consider the important […]
Reforming Scots Criminal Law and Practice
May 1, 2013
The Scottish government set up a review of criminal justice following the decision inCadder v HMA in October 2010, which held that suspects detained in police custody should be afforded access to legal advice and assistance, otherwise use of interview evidence in the course of a prosecution could breach their right to a fair trial. […]
Directive on the Right of Access to a Lawyer and to Communicate Upon Arrest
April 2, 2013
For the past two years the EU Institutions have been considering the adoption of the third measure on a Roadmap to strengthen procedural safeguards for suspects and accused persons in criminal proceedings. The proposed directive on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest (Measure […]
Government Equalities Office call for evidence
April 1, 2013
Government Review of the Public Sector Equality Duty The Public Sector Equality Duty (‘PSED’) – in s149 Equality Act 2010 – requires all public authorities to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations. This general duty replaced specific positive duties imposed in connection with race, gender […]
New CPS guidelines on prosecuting social media offences
March 1, 2013
Following a series of high profile prosecutions in connection with the prosecution of offences committed online, in December, the Crown Prosecution Service published Interim Guidelines on the prosecution of offences committed through social media services. JUSTICE welcomes the Interim Guidelines as “timely, if not overdue”. We raise a number of concerns about the clarity of the […]
Stakeholder discussion paper on a Letter of Rights for Scotland
The Scottish Government as part of its current review of criminal procedure has identified that in Scottish police stations the information available for suspects is inadequate. The EU directive on the right to information comes into force next year and requires all member states of the EU to produce a letter of rights. We welcome […]
JUSTICE urges Supreme Court to extend human rights protection to UK troops
February 15, 2013
On Monday morning, the Supreme Court will begin a four day hearing set to determine whether the protection of the European Convention on Human Rights extends to the activities of UK troops overseas. JUSTICE has intervened in this case to urge the Supreme Court to find that the relationship between the UK and its forces […]