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Criminal procedure – Bail conditions – Right to respect for private and family life. High Court of Justiciary: In the case of an accused who, after pleading not guilty to, inter alia, assaulting his girlfriend, was admitted to bail subject to special conditions that he should not enter the street where she lived or attempt to contact her, and who appealed against a sheriff's refusal of his application to vary the bail conditions and presented a compatibility minute averring that the complainer did not wish him to be subject to the special conditions and that his and her rights under art 8 of the European Convention on Human Rights had been breached, the court proceeded on the basis that the accused and complainer had art 8 rights which were sufficiently engaged but held that they had not been infringed; that the existing procedures in relation to bail applications of the kind under consideration were convention-compliant; and that while the complainer had no right to be represented in court or to address the court that did not mean that there was no mechanism for drawing her views to the court's attention.
Criminal procedure – Bail conditions – Right to respect for private and family life. High Court of Justiciary: In the case of an accused who, after pleading not guilty to, inter alia, assaulting his girlfriend, was admitted to bail subject to special conditions that he should not enter the street where she lived or attempt to contact her, and who appealed against a sheriff's refusal of his application to vary the bail conditions and presented a compatibility minute averring that the complainer did not wish him to be subject to the special conditions and that his and her rights under art 8 of the European Convention on Human Rights had been breached, the court proceeded on the basis that the accused and complainer had art 8 rights which were sufficiently engaged but held that they had not been infringed; that the existing procedures in relation to bail applications of the kind under consideration were convention-compliant; and that while the complainer had no right to be represented in court or to address the court that did not mean that there was no mechanism for drawing her views to the court's attention.
The Bar Council will press for investment in justice at party conferences, the Chancellor’s Budget and Spending Review
Equip yourself for your new career at the Bar
Louise Crush of Westgate Wealth explores some key steps to take when starting out as a barrister in order to secure your financial future
Millicent Wild of 5 Essex Chambers describes her pupillage experience
Drug, alcohol and DNA testing laboratory AlphaBiolabs has made a £500 donation to Juno Women’s Aid in Nottingham as part of its Giving Back campaign
Casedo explains how to hit the ground running on your next case with a four-step plan to transform the way you work
To mark the fifth anniversary of the Bar Standards Board’s Race Equality Taskforce, Dee Sekar reflects on key milestones, the role of regulation in race equality, and calls for views on the upcoming equality rules consultation
Christianah Babajide talks to four female senior clerks who share insights for aspiring clerks, especially women, as well as their hopes for the future of the profession
Daniel Barnett serves up a host of summer shows
Britain needs to get over its shameful denial of racism, call it what it is and start to effectively deal with the problem, says Vithyah Chelvam
An epic failure of public policy has filled our crumbling prisons to capacity, says Lord Ken Macdonald KC. How did we get here, and what might reform look like?
