Northpod Law & UKCLB Podcasts

Listen to the show here.  In the first show of series 2, Lyndon is all on his lonesome due to thanksgiving and technical issues. First up he looks at one of the bigger stories of the week; Ian Watkins, former Lostprophets singer, pleaded guilty to some very serious child sexual offences. The case has thrown up a number of issues including the question of which guideline applies, the new sex guideline or the existing guideline, (again) the problem of users of social media naming victims or ‘publishing’ information likely to lead to the discovery of their identities, and the concern regarding the investigation leading to Watkins’ arrest. Lyndon also looks at the contempt case surrounding the publication of photographs purporting to be Venables and Thompson – the James Bulger killers – which was in the High Court this week. Finally, Lyndon takes a very brief look at the new Victims’ Code which takes effect in December. Specifically the criticism that the code gives victims false hope. Next week: Hopefully with Dan and Kim back with Lyndon, the show will be less of a ramble and more of an informative and informed discussion! They’ll be looking at the Marine A case and discussing the sentence imposed upon him, which is due to take place on 6 December. Links: Victims’ Code Ian Watkins, Lostprophets singer, pleads guilty to child sex offences  Ian Watkins case – breach of the anonymity afforded to victims? Sexual Offences Sentencing Guidelines James Baines gets suspended sentence for ‘Bulger’ tweet

Listen to the show here. This week we have ventured down South with the rest of the Bar to attend the Criminal Bar Association's conference to fight for the Criminal Justice System and for the very future of the Independent Criminal Bar. We have plucked out some highlights of what was a lively event featuring some of the best advocates of the cause.  This episode is slightly longer than usual but we thought you might appreciate hearing what you missed if you were not able to be there. You may have gathered that the resolutions proposed at this event were all passed unanimously which, given that there were delegates of 100% of the chambers undertaking criminal legal aid work is really saying something. The speakers and resolutions of the day included Hannah Kinch of the Young Barristers' Association in support of the resolution that the conference resolves to support the young Bar. The conference heard from (as will you) Jaime Hamilton and Peter Joyce in relation to the cuts in scope of legal aid and the speaking to the resolution that the conference deplores the contemptuous way in which the publically-funded Bar is treated. Paul Harris, a solicitor representing the CLSA and LCLSA, demonstrated that the Law Society may be contemptuous of its own members' views on legal aid but the CLSA and LCLSA most definitely not.  He also talks of unity and the Criminal Lawyers United pledge which all chambers and firms should sign. The conference heard from Michael Turner QC, Max Hill QC and Nigel Lithman QC on the politics of the battle to save legal aid and to maintain a justice system not just fit for purpose but fit for Britain.  Max Hill QC dealt with the misleading approach adopted by the Ministry of Justice over the figures and Nigel Lithman QC spoke to the resolution that VHCC work will not be accepted by the Bar or solicitors under the new proposed fee scheme. Mark George QC (who received the only standing ovation of the day) and Russell Fraser dealt with calls for days of action when no criminal lawyers would undertake work in magistrates' courts or Crown courts. The tanks are rolling, it seems.  Whilst we are off air, Des Hudson will find out if he will survive an historic vote of no confidence in him at the Law Society and no doubt there will be another salvo from Grayling and Co. We will also see if the new fee scheme comes into effect on 2nd December and if anyone actually works under it. Enjoy the next six weeks with our friends at UKCLB ad we'll be back in January. Also, keep watching our Twitter feed for news of a possible live show in the not too distant future. Thanks for listening! Ben, Kirstin and Jonathan.

Have a listen here. We've got everything from worship by cannabis to esoteric legal points here. First - yes we're serious we have cannabis sacrifice -  a couple found not guilty on the basis that their cultivation crop was not for supply but for burning to honour Shiva. 2 takes on the same story:  Russian Times and Daily Mail Then Ben explains for any Home Office flunkies listening, how the law works and relates to everybody, foreign or not. Kirstin finds two cases for legal complexities junkies - read them yourselves they might be easier to follow! An interesting defence that worked: http://rt.com/news/cannabis-shiva-sacrifice-burn-540/ http://www.dailymail.co.uk/news/article-2499598/Cannabis-growers-cleared-dealing-saying-Hindu-god-Shiva.html Foreign sex-offender gets damages for being held too long: The story causing people to go nuts: http://www.bbc.co.uk/news/uk-24917755 The actual decision of the court: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2013/1378.html&query=saleh&method=boolean The importance of time on “qualifying tag”: Two things to remember: 1. The provisions under CJA 2003 in relation to time spent on remand are mandatory - even if you have a clever argument. 2.  Time spent on tag is not automatically taken into consideration and the timetable to sort it out will be adhered to from now on.  Counsel beware. http://www.bailii.org/ew/cases/EWCA/Crim/2013/1994.html R v Stocker http://www.bailii.org/ew/cases/EWCA/Crim/2013/1993.html Report by NAO into MoJ reliance upon G4S and similar (or “Bears defecate in wooded areas”): http://www.lawgazette.co.uk/practice/ministry-of-justice-relationship-with-outsourcers-under-scrutiny/5038715.article Original report and executive summary here: http://www.nao.org.uk/report/memorandum-role-major-contractors-delivery-public-services/ So it begins. .. fraud vhcc likely to be derailed http://www.theguardian.com/law/2013/nov/14/fraud-trial-threatened-barristers-reduced-rate  The Judicial Office is seeking views on the following areas: - How the CJC/FJC functions should be delivered  Civil justice council and family JC - Whether the bodies should be abolished - If the functions could be moved to the Ministry of Justice - Whether they should be delivered by the voluntary or private sector or by a new executive agency - Should they remain arm’s length bodies The deadline for responses is 5pm on 25 November. The email addresses are: cjcreview@judiciary.gsi.gov.uk and: fjcreview@judiciary.gsi.gov.uk. Grayling purposes an end to multiple cautions but the clue is in the word "simple" perhaps: http://www.telegraph.co.uk/news/uknews/crime/10447936/Ban-on-police-cautions-for-repeat-offenders.html

Listen to the show right here. This week, we are taking a look at how the Probation Service are doing when it comes to looking after victims of crime when an offender is coming up for release. The MoJ thinks it's all pretty good but the report is not exactly a clean bill of health. The High Court has to get stuck in to the issue of access to a solicitor when you are arrested in relation to terrorism. Kirstin takes us through the objective and subjective elements of self-defence when the defendant believes that he was being threatened by evil spirits. We take a whistlestop look at how finding money lying around might be a good thing but handing it in to police is unlikely to get you anywhere. What happens when the prosecution appeals against a decision at Crown Court to kick a case out at half-time? Listen and learn. All that in a jam-packed show this week. We are very grateful to Ash Raveendran for her help on this week's show. She's out there looking for pupillage, you know... Links Probation Service is doing just fine with Victim Contact.http://www.justice.gov.uk/downloads/publications/inspectorate-reports/hmiprobation/joint-thematic/victim-contact-report.pdf Terror law suspects must have access to solicitor at any time, High Court rules. http://www.lawgazette.co.uk/law/terror-suspects-entitled-to-solicitor/5038611.article Defendant appealing against conviction – Whether insanely held delusion on part of defendant being attacked or threatened causing him to respond violently entitling him to acquittal on basis of reasonable self-defence. http://www.lawgazette.co.uk/law/law-reports/criminal-law/5038442.article No such thing as free money.Steven Fletcher -and- CC of Leicestershire Constabulary [2013] EWHC 3357 (Admin) Successful pros appeal against finding of no case to answer.R v Bor [2013] EWCA Crim 1916 Other stuff: What lawyers are (not) doing in their bedrooms: http://www.standard.co.uk/lifestyle/london-life/london-lawyers-are-spicing-up-their-love-lives-and-george-clooney-is-following-suit-8926112.html NAPO announcement of intention to work to rule: http://www.napo.org.uk/about/news/news.cfm/newsid/318

No Kirstin this week as she is being bombarded by trick or treaters but Ben’s back and Jonathan is here as always. Have a listen to this week’s show for a pretty comprehensive round-up of the big stories that have been in the legal news this week. Whether it’s TV cameras in the Court of Appeal, the Home Office on the fiddle (allegedly!), another bloody-nose for Failing Grayling or the Government getting a ticking-off for spending your money on pointless legal challenges, it’s all here. In addition, we have a bit of an update on where “joint enterprise” and victim impact statements are up to. Television Cameras now in Court of Appeal, welcomed by Judges Home Office Fixing of Asylum Figures Grayling on the ropes - his offer to VHCC counsel and the flat rejection of it by the CBA and the Fraud Solicitors group. Supreme Court Rejects Gov Appeal with Strong Criticism Interesting cases round-up in crimeBristow [2013] EWCA Crim 1540 - Joint enterprise - ManslaughterHarrod [2013] EWCA Crim 1750  - drugs - supply - death - views of victims NOT decisive.BUT victim focus might shift after 29th October’s Victims Code  - in force from December 2013 Report from unannounced visit to Yarl’s Wood IRC - to be published soon.

Listen here! This week both Ben and Kirstin are on holiday.  Ben is not within reach of the Twitter or the Google so despite Kirstin being in the midst of building work she dusts herself off and valiantly gets on with it. For once bringing you what was promised last week. First up is the government getting a bit of a dressing down by the ASA over it's "Go Home" van - although it could have been worse. Then Kirstin goes through the Prevention of Social Housing Fraud Act 2013.  When is subletting a criminal offence? Then regular contributor Jonathan Holt sweeps in to talk about the proposed Immigration Bill he mentioned last week.  What's it all about and what will it mean for those seeking to enter or remain here? Ben and slightly more joined up presentation should be back next week. 

Episode one of series 10, eh? Well life's not fair but at least you can listen here and know that your glass half empty view of the world is actually fully justifiable. First up on the it's not fair index is having to spend forever behind bars because you can't afford to pay the ever increasing interest payments of the loan shark government.  Ben looks at unforeseen consequences of POCA legislation as discussed in the case of R v Gibson. Then Kirstin looks at the guidelines for prosecutors of child sex abuse cases, holding her head in her hands for the most part that the prosecution need guidelines to tell them to do what they should already be doing. (Although there are some creditable bits too). Jonathan joins us to hold his head in his hands about IPNAs and CBOs - You'll just have to listen if you don't know what these are but be afraid. We recognise there are new offences of subletting a council house - more next week perhaps. And finally, we salute His Honour Justice Holman and Bar Council Chairman Maura McGowan for telling it like it is.  You can read along with us here and here.

Listen to the show here. For the final show in the series, Lyndon and Dan discuss the Baby P case and review the criminal justice announcements from the recent party conferences. The Baby P case - in the news this week because of the announcement that the mother, Tracey Connelly, has been recommended for release by the parole board. She was sentenced to 5 years’ IPP for allowing the death of 17 month old baby Peter in the most horrific of circumstances. When he died, he had 50 separate injuries including a broken spine.  Lyndon and Dan explain the sentence, why they think it wasn’t too short, and why the parole board have had to consider her case now. They also briefly touch on the parole board test and discuss rehabilitation and release of prisoners more generally.  Dan gives a good overview of the conference speeches of Tory Justice Minister and Lord Chancellor, the esteemed Chris Grayling, and of Shadow Justice Secretary Sadiq Khan. Lyndon and Dan discuss their policy announcements, the rhetoric and whether or not their speeches really showed any sort of promise in a practical sense.  If you’d like to get in touch, as ever, get us on @uk_criminal_law or ukcrimeblog@gmail.com In the meantime, listen to Northpod law, which is back next week with Kirsten and Ben, and see how the seasoned professionals do it.  Links Baby P blog post R v Tracey Connelly sentencing remarks Chris Grayling conference speech Sadiq Khan conference speech

Listen to the show here. This week Kim and Lyndon return to talk about two recent MoJ announcements and Dan discusses the Amanda Hutton manslaughter conviction and sentence.  So first off, Kim and Lyndon look at the recent announcement that the MoJ intend to scrap simple cautions for the most serious offences. Is it pure political posturing, or is there some substance - and justification - behind the proposal? Kim, as an ex-police officer, offers an interesting insight.  Lyndon introduces the second proposal, that the MoJ will scrap early release from prison for those convicted of child rape or terrorist offences. Everyone knows that when sentenced to 4 years in prison, an offender usually only serves 2 years. Kim asks why this change will apply only to those offences listed and Lyndon looks at the possible effect of the policy.  Finally, Dan looks at the sentence of 15 years imposed on Amanda Hutton for the manslaughter of her son and other associated offences.  If you’d like us to discuss a particular topic or issue in next week’s show, then get in touch: @uk_criminal_law or ukcrimeblog@gmail.com Links Cautions MoJ Press Release on 'banning' cautions for serious offences R (T) v Chief Constable of Greater Manchester & Others  2013 EWCA Civ 25 Early release MoJ Press Release on scrapping early release for certain prisoners Halsbury’s Law Exchange Blog on the possible effects of the announcement Manslaughter R v Hutton and Khan sentencing remarks

Listen to the show here. Lyndon and Dan talk court dress and public nudity. The show looks at the recent judgement of the Crown Court as to whether a defendant in criminal proceedings should be allowed to appear in Court with their face covered. Should this be permitted? Should there be a fixed rule for this, or dealt with on a case by case basis? How should a secular country deal with the needs of the religious? At the other end of the spectrum, the CPS has issued guidance as to when (and for what offences) they should prosecute naturists for offences of public nudity. Although this isn’t stated to be related to the case of Stephen Gough (the ‘naked rambler’), Lyndon and Dan look at the implications for him (as well as the possible implications of what the CPS say about ASBOs). Lastly, in light of the acquittal of a man for masturbating in public in Sweden (on the basis that that alone is not a criminal act), Lyndon and Dan looks at what offences would be committed if he were to continue with his solitary activities in England. If you’d like us to discuss a particular topic or issue in next week’s show, then get in touch: @uk_criminal_law or ukcrimeblog@gmail.com Links : Full judgment of the ruling of HHJ Murphy in the ‘veil case’ Our story on the CPS policy on prosecuting naturists (with link to the full guidance), and our coverage of the Stephen Gough case. Blog coverage of the Swedish masturbation case.

Listen to the show here. Kim and Lyndon return to discuss Michael Le Vell and the issue of anonymity in criminal cases.  Michael Le Vell was acquitted this week of 12 sex offences. This has sparked (once again) the debate about whether defendants should be anonymous, and if so, when should that anonymity be removed.  The show considers complainant anonymity in sex cases and moves on to look at defendant anonymity in light of the Le Vell case. Should defendants be given anonymity? If so, should it merely be defendants in sex cases? Have the media got a role to play in the reporting of case which attract such interest? Kim looks at the need to prosecute historic offences and - with her police background - some of the evidential issues which may be faced in such an investigation.  Lyndon tells Kim of an amusing case in the news this week - an employee who was allegedly stealing from his employer and selling the items on eBay - under the name 'mybossisanumpty'.  If you’d like us to discuss a particular topic or issue in next week’s show, then get in touch: @uk_criminal_law or ukcrimeblog@gmail.com Links: mybossisanumpty - the blog write up of this story The Carl Gardner article about defendant anonymity 

Listen to the show here.  The blog, run by Dan, Lyndon and Sara, ventures into the world of podcasting.  Lyndon kicks off the first show with a discussion of contempt of court - what can you say on social media about on-going criminal cases?  Joining him, Kim Evans (@lifeincustody) guest-co-hosts as Dan Bunting and Sara Williams were unavailable / had betters offers elsewhere. Lyndon and Kim have a look (as far as is permitted) at the current, on-going, cases of Rolf Harris, Bill Roach and Michael Le Vell with reference to the contempt rules.  Milly Bancroft - @_MillyMoo - joins in the discussion to explore why jurors commit contempt and how best to tackle what is clearly a growing problem.  If you’d like us to discuss a particular topic or issue in next week’s show, then get in touch: @uk_criminal_law or ukcrimeblog@gmail.com Links: ‘Predatory 13 year old girl’ - transcript of THAT hearing - not quite as it first seemed. Law Commission report on Contempt of Court [19 December 2012]

A cake and bourbon show with no cake.  Or bourbon.  Or Ben.  Or Jonathan. What we do have though is an in depth look at the work of the family courts of England and Wales with a particular focus on the increasingly common issue of forced marriages. Have a listen right here. Joining Kirstin this week (actually in Podcast Towers for a change!) is Joseph Lynch.  He is a family law specialist whose work mainly involves public law cases - where a local authority is seeking to remove the child from the custody of the parents. Joe can be contacted via his chambers, Central Chambers. We will be back in <cough> six weeks with a new series.  Series 10 is quite likely to end with a party.  What do you say?  Fancy joining us for a few sneaky drinks at a live show?  Let us know on the Twitter, Google+, email or on 0161 408 5037 Some other stories for which we did not have time this week: Grayling turns on yet another “valued partner”. Serco this time.http://www.lawgazette.co.uk/news/moj-calls-in-police-over-serco-fraud-claims/5037199.article ...but refuses to back down on Legal Aid destruction.http://www.lawgazette.co.uk/law/areas-of-law/legal-aid-and-access-to-justice/grayling-refuses-to-delay-legal-aid-cuts/5037170.article Child Sexual Abuse Prevention Orders or Suspected sex offender restraining ordershttp://www.bbc.co.uk/news/uk-23844385Jonathan Rayner, writing in the Law Society Gazette, quotes Law Society criminal law committee chair Richard Atkinson told me: ‘It is a dangerous move to take away the requirement for a conviction to make a restrictive order, not least because the order will be interpreted as proof that you committed the offence and that you are indeed a paedophile.‘Also, if you resort to litigation to resist the restrictions, you are effectively telling the prosecution in advance how you intend to conduct your defence – giving the prosecution two bites of the cherry.’ Also, keep a lookout for a new law-based podcast, coming soon on the Northpod network of podcasts.  Don't worry as we will add the new show to your podcast feed automatically when it's available so you don't miss out.

Two conventions this week - the Hague and the Refugee.  You can listen here. Jonathan Holt and Dan Bunting discuss s.31 of the Immigration and Asylum Act 1999 which gives special criminal defences to asylum seekers. You can follow Dan and his musings at Dan Bunting a life in the bus lane.  uk criminal law blog and of course, on the Twitter @danbunting. The case that sparked the discussion is here Then we go on to discuss In the Matter of an application by Her Majesty's Solicitor General for the committal to prison of Jennifer Marie Jones for alleged contempt of court.  A case which highlights the need for precision when drafting an order with a penal notice.  It considers whether you commit a breach if you fail to do something after the time you ought to have done it, why you need to tell someone to do something by four days after you want it doing and revisits who can bring contempt proceedings.  It's a very good place to start if you ever need to research contempt! Cake and Bourbon Show next week - don't miss it!

Listen here! This week Ben,Kirstin and Jonathan are joined by the lovely Lyndon Harris, barrister, blogger and Banks on Sentencing editor. Our discussion is all about imaginative approaches to theft offences.  First we look at Professor Andrew Ashworth's Howard League paper which suggests that Theft should not incur a prison sentence, then Lyndon gives broad support to the idea of giving shop-lifters food vouchers.  Jonathan Holt considers proposals for making Magistrates impose more custodial sentences and worries about the demise of more and more Magistrates' courts in which to issue those sentences. Finally we turn away from Criminal Law and look at two Immigration Law cases implimenting the ruling in Zambrano. Update on the so-called “sexual predator” casehttp://www.theguardian.com/uk-news/2013/aug/12/paedophile-victim-predatory-sentence-increased No Prison for Pilferers http://www.independent.co.uk/news/uk/crime/convicted-thieves-and-fraudsters-should-be-spared-jail-says-law-professor-andrew-ashworth-8760388.htmlhttp://www.cps.gov.uk/legal/s_to_u/sentencing_manual/theft_general/http://d19ylpo4aovc7m.cloudfront.net/fileadmin/howard_league/user/online_publications/What_if_imprisonment_were_abolished_web.pdfhttp://www.howardleague.org/what-if-property-offences/ Stoke reward shoplifters with food vouchers http://www.dailymail.co.uk/news/article-2389224/Shoplifters-rewarded-food-vouchers-caught-stealing.htmlhttp://www.bbc.co.uk/news/uk-england-stoke-staffordshire-23654802 Magistrates to get a power-up - but where will they use it? http://www.lawgazette.co.uk/news/government-propose-new-custodial-powers-magistrates#comment-35244 http://www.lawgazette.co.uk/news/doubts-over-moj-s-savings-target MA and SM (Zambrano: EU children outside EU) Iran [2013] UKUT 00380 (IAC)