#WithoutPrejudice 11: Riots and The Law – Human Rights Act update – #Hackedoff campaign update

#WithoutPrejudice 11: Riots and  The Law – Human Rights Act update – #Hackedoff campaign update

Analysis of the law relating to the riots, a review of a number of important human rights cases and the further developments on the #Hackedoff  campaign. David Allen Green and Carl Gardner is at the table as always and we are joined by former Lib-Dem MP Dr Evan Harris, David Wales, a lawyer in private practice – a criminal law specialist and blogger  –   and Adam Wagner, a practising barrister at 1 Crown Office Row and editor of the UK Human Rights blog.

Listen to the podcast

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I’d like to thank Lawtel, WestlawCassons For Counsel, City University Law School David Phillips & Partners Solicitors, Inksters SolicitorsIken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

6 thoughts on “#WithoutPrejudice 11: Riots and The Law – Human Rights Act update – #Hackedoff campaign update

  1. Pingback: Without Prejudice | Head of Legal

  2. Pingback: #WithoutPrejudice 11: Riots and The Law – Human Rights Act update – #Hackedoff campaign update – Charon QC | Current Awareness

  3. Good discussion here. I agree that Magistrates should be kept to a 6 months sentencing power. However – (a) if a case is serious and would merit 9 months but there is also an early guilty plea, the magistrates could sentence the individual to 6 months – thus allowing a one-third discount for the guilty plea. (b) Magistrates may sentence for two separate either-way offences but they must be distinct so as to justify consecutive sentences. All of this makes the decision relating to venue for trial so important. Committal for sentence would only arise if, at the sentencing stage, it is clear that the offence merits more than the magistrates are empowered to give. Hope this makes sense!

    Case management rules require pleas to be entered at the earliest stage. If, for good reason, the defence lawyer cannot advise properly on plea then this should be made very clear to the court and get the reasons recorded. It is necessary to protect the sentencing discount.

    A great podcast as ever. Regards, ObiterJ.

  4. I meant to add that the Legal Aid, Sentencing and Punishment of Offenders Bill is going to remove the Criminal Justice Act 2003 provision which would, if activated, hand magistrates greater powers. However, watch this space ??

  5. Pingback: Postcard from The Staterooms: The Silly Season that isn’t….A riot? « Charon QC

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