Justice Matters

What’s In a Name?

Hassan Khan and Claire Fox argue the case for same sex marriage 

The government’s proposals

In March 2012 the government published its consultation paper on equal civil marriage. The proposal is simple: same sex couples will, like opposite sex couples, be allowed to marry one another in a civil ceremony. Marriages solemnised through religious ceremony and on religious premises will only be legal between a man and a woman. The government is committed to these reforms and seeks views on how equal civil marriage should be implemented. The government’s response to the consultation is expected towards the end of 2012. 

Jo Delahunty QC and Kate Purkiss, leading and junior counsel for the first respondent and mother Chana Al Alas in the “Vitamin D and Rickets” case, examine the vital role played by expert witnesses and question moves to restrict their use in care proceedings 

On 25 July 2009, Jayden Al Alas Wray died whilst a patient at Great Ormond Street Hospital (GOSH).  He was four months old. His parents were not with him because two days earlier they had been arrested at his bedside on suspicion of inflicting grievous bodily harm on him and they were prohibited from seeing him. The evidence of the parents’ alleged wrongdoing came from doctors at University College London Hospital (UCLH) and GOSH where he had been treated, and both hospitals attributed all his injuries to non-accidental causes. 

Caroline Wigin provides a practical approach to the evidence of children 

On the 26th February 2010, Child Q was put to bed around 8.00 p.m. At that time he was happy and healthy. In the household were the child and two adults, his mother and his mother’s cohabitee, R. At 9.00 a.m. on the 27th February 2010, an ambulance was called and at 10.00 a.m. he was received into A&E. He had extensive bruising to the groin, back, face and leg. 

Nigel Patrick talks through new Sentencing Council guidelines on allocation, offences taken into consideration and totality 

Definitive guidelines have been published by the Sentencing Council on three overarching aspects of sentencing: allocation, offences taken into consideration (TICs) and totality.

The guidelines, which will come into force in June, aim to ensure that the principles in each of these areas of sentencing practice are applied consistently in courts in England and Wales. 

Michael Beloff QC outlines the duties and challenges awaiting Court of Arbitration for Sport panel members during London 2012 

As London 2012, so long in the gestation is finally brought to birth, a cohort of 12 accomplished lawyers, representing every major continent, will enjoy – if precedent is anything to go by – freedom of the Olympic lanes with personally allotted drivers while Mr and Mrs Public make do with a metropolitan transport system under maximum strain. 

Is rape sentencing unduly lenient? Felicity Gerry and Catarina Sjölin report 

A quick click of the Attorney General’s website gives instant access to statistics for unduly lenient sentences up to and including 2010. During 2010, there were nine rape and attempted rape referrals among the total of 78 cases which went to the Court of Appeal. Of those nine, seven sentences were increased and two remained the same. To give an idea of the other offences referred there were 12 sentences involving robbery (of which 10 were increased, two remained the same) and 18 sentences involved non-fatal offences against the person (of which 12 were increased, two remained the same and one had the conviction quashed). 

Legal professional privilege

The continued use of state powers to erode legal professional privilege must be stopped, as Nicholas Griffin QC and Gordon Nardell QC explain 

The state has the power secretly to listen in to the meetings you hold with your clients in chambers, at a solicitors’ firm or elsewhere. This surprising situation – and the troubling cases that have brought it to light – have led the Bar Council’s Law Reform Committee to consider state powers under the Regulation of Investigatory Powers Act 2000 (RIPA) and have prompted the Bar Council to campaign for a change to the law. 

Benjamin Greenstone questions whether the criminal courts are keeping up with new social media 

While working part time in a Crown Court as a logger and also while Marshalling, I have seen a number of applications to adduce evidence of bad character based on evidence gleaned from social networking sites. This most commonly takes the form of information about who the witnesses and/or defendants are “friends” with on Facebook and who they “follow” on Twitter. 

The importance of recognising young people with speech, language and communication needs is increasingly being accepted and understood by the Youth Justice workforce. Anita Kerwin-Nye explains the benefits for all of raising awareness of this hidden disability 

A court appearance can be a complex and bewildering experience for anyone. But for a young person with speech, language and communication needs (SLCN) the process can be a minefield of jargon, misunderstanding and confusion. Research shows that over 60% of young people in the youth justice system have SLCN (Bryan, K 2008). This means they have difficulty communicating with others, a skill most of us take for granted; being able to say what you want and to understand what others are saying are the most important skills we need in life. However, young people with SLCN find it hard to articulate what they want to say, might have difficulty understanding what is being said to them or simply don’t understand social rules such as how to take turns in a conversation or to respond to what the other person has just said. Crucially, they may not be able to communicate effectively at a police interview or a court appearance, which could have profound implications. Indeed as the The Audit Commission Report, A Review of the Reformed Youth Justice, states “If a young person is inarticulate, inhibited or lacks understanding...this may lead to misunderstandings and even the passing of an inappropriate sentence.” 

Child and Youth Justice

There is no longer a presumption against children giving evidence in today’s family courts. Francis Wilkinson examines the recent Family Justice Council guidelines. 

“Guidelines in relation to children giving evidence in family proceedings” was issued by the Family Justice Council in December 2011. A Working Party was set up following the Court of Appeal’s recommendation in Re W [2009] EWCA Civ 644, the case which later went to the Supreme Court [2010] UKSC 12. In his Foreword, Sir Nicholas Wall, President of the Family Division, writes that following the Supreme Court decision, ‘there was no longer a presumption or even a starting point against children giving evidence in such cases’. However, the occasions on which children give evidence of abuse they have suffered continue to be very rare.  In contrast, according to the Crown Prosecution Service, 48,000 children were called to give evidence in criminal proceedings in 2008-09. That had risen from 30,000 in 2006-07.  Why is that?