The Crime and Courts Bill was introduced to the House of Lords immediately after the Queen’s Speech on 10th May 2012, and to the Commons on 19th December 2012. The Bill is wide ranging in scope and application. Part 1 of the Bill makes provision for a new body to fight organised crime, the National […]
Judicial Review Consultation
December 31, 2012
On 13 December 2012, the Ministry of Justice published Judicial Review: proposals for reform (CP25/2012) for consultation. Its publication followed statements in late November by the Prime Minister and the Secretary of State for Justice to the effect that judicial review – particularly in connection with planning decisions – was ripe for reform to deal […]
Protecting Victims: EU competences and mechanisms for safeguards
December 19, 2012
This paper was presented at a symposium ‘Legal perspectives on the victim’ held to launch the Centre for Conflicts, Rights and Justice at Nottingham Trent University on 19th December 2012. The paper considers recent efforts in the EU to improve the position of victims in the criminal justice system through the adoption of a directive […]
The Government’s new secret evidence proposals: unfair, unjustified and unnecessary
A significant part of JUSTICE’s work over the coming months will focus on the response to the Government’s Green Paper on Justice and Security. In Al-Rawi, the Supreme Court held that it did not have the inherent jurisdiction to expand the use of secret evidence procedures in civil proceedings ([2011] UKSC 34). The Government had […]
Justice and Security Bill
December 18, 2012
The Justice and Security Bill contains a series of proposals which JUSTICE is concerned could undermine public confidence in the administration of civil justice and damage the credibility of our judiciary. This Bill would ensure closed material procedures (CMP) – where a party to proceedings and his lawyers (together with the public and the […]
JUSTICE Journal – Volume 9, Number 2
December 1, 2012
Contents for Volume 9 Number 2 Editorial Work Goes on Papers After the Act: What future for legal aid? Roger Smith OBE Equality: Where Now? Caspar Glynn QC and Robin Allen QC Immigration: the Implications of the new Immigration Rules for Family Life, Duran Seddon Articles Miscarriages of Justice: Back to Basics? Yasmin Husain The future […]
Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah
October 31, 2012
The Supreme Court handed down its judgment on 31 October 2012. Mr Rahmatullah was detained by UK forces in Iraq in 2003 and handed over to US forces, subject to a Memoranda of Understanding on the transfer of detainees. He has been held in Afghanistan at Bagram Airbase since some time in 2004. Supported by Reprieve, […]
Supreme Court reaffirms ancient right to liberty
Today, in a unanimous decision, the Supreme Court reaffirms the importance of the ancient common law writ of habeas corpus. Mr Rahmatullah, was captured by UK forces in Iraq and handed over to US forces in 2004, in accordance with a Memorandum of Understanding between the UK and the US governing the transfer of prisoners. […]
Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs [2012]
Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs [2012] UKSC 48 Facts Mr Rahmatullah was detained by UK forces in Iraq in 2003 and handed over to US forces, subject to a Memoranda of Understanding on the transfer of detainees. He was held in Afghanistan at Bagram Airbase from some time in 2004. […]
Supreme Court reaffirms ancient right to liberty
Today, in a unanimous decision, the Supreme Court reaffirms the importance of the ancient common law writ of habeas corpus. Mr Rahmatullah, was captured by UK forces in Iraq and handed over to US forces in 2004, in accordance with a Memorandum of Understanding between the UK and the US governing the transfer of prisoners. […]