I am pleased to host this guest post by Jamie Fletcher and Dr Samuel Walker, who are Lecturers in Law at Bournemouth University. ———————————————— Introduction The aim of this post is to discuss the increasing prevalence of consensual sexual violence and its relationship with criminal law. It will be shown that acceptance, engagement and…
Read moreThe truth about the government’s claims to have “ended the rough sex defence”
Following a lot of media coverage of this issue, I wrote a Twitter thread looking at the law behind it. I’ve reproduced it here in case it’s of interest. Postscript: Unforgivably, I suggested in the thread that R v Brown was a Court of Appeal decision when, as every first-year law student knows, it was…
Read moreGuest post by Mira Hammad: Covid-19 and the right to protest: an alternative view
I am pleased to host this guest blogpost by Mira Hammad, a pupil barrister at Garden Court North Chambers. It is written in response to the guest blogpost by Rebecca Penfold and Aparna Rao, published last week. _________________________________ In their blogpost Rebecca Penfold and Aparna Rao look at the amended Coronavirus Regulation 7 and…
Read moreGuest post by Hannah Edwards: The clock is ticking – bail breaches and Covid-19
I am pleased to host this guest post by Hannah Edwards, who is a second-six pupil practising at Drystone Chambers. _____________________________________________ In the chaos that Covid-19 has brought to our criminal justice system it is now, more than ever, important for practitioners to remember the fundamental principles when considering breaches of bail in the magistrates’ court….
Read moreGuest post by Joanna Hardy: I’m an online lawyer now. Can you hear me?
“I haven’t met the defendant, Your Honour,” I tell a screen in my kitchen. Silence. “Can… can you hear me?” My words echo through the judge’s laptop in a courtroom three miles away. I hear them again in prosecution counsel’s dining room. My client, who has never set eyes on me before, sits in a…
Read moreGuest post by Aparna Rao: Why the decision to quash the conviction of Cardinal Pell might strike lawyers as troubling
I am pleased to host this guest post by Aparna Rao, of 5 Paper Buildings, published in response to yesterday’s guest post by Edward Henry QC, which argued that the approach taken by the High Court of Australia in allowing the appeal of Cardinal Pell was one that the England and Wales Court of Appeal (Criminal Division)…
Read moreGuest post by Edward Henry QC: Reflections on the case of Cardinal Pell
I am pleased to host this guest post by Edward Henry QC, of QEB Hollis Whiteman, reflecting on the case of Pell v The Queen [2020] HCA 12, and what the Court of Appeal (Criminal Division) in England and Wales can learn from the High Court of Australia. ————————– On 7th April Cardinal Pell was cleared by the…
Read moreJurors packed into crowded courts: how the government defied coronavirus advice
I have written something for today’s Guardian. You can find it here. Hope you’re all staying safe. SB x
Read moreGuest post: Open Letter to Leaders of the Criminal Justice System – Call for a National Protocol
I am delighted to host this guest post by Beheshteh Engineer, a third-six pupil. The views expressed are personal and do not necessarily reflect the views of her chambers. Why is a functional Criminal Justice System important during a national crisis? During a short-term national crisis, the CJS must provide two key functions: To deal with…
Read more“Life means life for child killers” – the truth behind the headlines
There used to be a time, once Chris Grayling had hung up his butcher’s apron at the Ministry of Justice and Theresa May ushered in a quieter, more respectful justice strategy of wanton neglect, that I wrote about something other than Boris Johnson. Unfortunately, the Prime Minister keeps booting the justice football around the pitch…
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