All articles by Joshua Rozenberg – Page 13
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OpinionVictim surcharge: unintended consequences
I have always felt uneasy about the victim surcharge
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News
Slackness over prisoner votes shows contempt
Parliament can move very quickly when it needs to. Laws can be passed within days if necessary - even hours. But the legislative process can move extremely slowly when political needs dictate. And that is what has happened to the issue of votes for prisoners.
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News
Turning lord chancellor into just another politician was a mistake
In less than a month’s time, we shall be marking the 10th anniversary of a constitutional revolution. It will not be a cause for celebration. On June 12, 2003, the judiciary lost its head. In sacking Lord Irvine of Lairg, Tony Blair was not merely reshuffling his cabinet. The prime ...
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News
Grayling’s JR reforms met with widespread opposition
Judicial review is a way of making sure that public officials, including ministers, keep within the law. So there must be cause for concern when we hear a minister announce reforms to judicial review that will ‘target the weak, frivolous and unmeritorious cases which congest the courts and cause delay’ ...
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News
EU accession to the ECHR will change Euro legal framework
For as long as I have been a legal journalist, I have tried to explain to people that there are two separate European courts run by two unrelated European bodies. The 47-member Council of Europe administers the European Convention on Human Rights and supports a court in Strasbourg that decides ...
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News
Maintaining public confidence is tough for the judiciary
Having good judgement is one thing that the judiciary should be good at. But deciding cases is not nearly as difficult for judges as maintaining public confidence in the judiciary. And that requires considerable sensitivity to the public mood.
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News
Positive discrimination in judiciary faces struggles
The appointment of three ‘top judges’ attracted predictably little press attention last week, even though Lord Justice Hughes, Lord Justice Toulson and Lord Hodge will make up a quarter of the Supreme Court. Perhaps that is a good sign; it suggests the public has no reason to doubt that the ...
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News
‘Press LSB’ without MPs’ approval is unattractive
The government’s attempts to reform press regulation have something of the surreal about them. A draft royal charter, full of suitably medieval language, was published by the Conservatives last week - apparently, because they did not want to put a bill before parliament. But, despite that, they published draft legislation ...
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News
Drone dialogue
When can states use lethal drone strikes on terrorists operating abroad? There is little consensus between government lawyers and academics on when international law will permit unmanned aerial vehicles to target individuals. And the need for a common position was given added impetus late last month when a QC announced ...
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News
Crown succession approach out of kilter
Governments are often accused of legislating in haste and repenting at leisure. One such example is the Succession to the Crown Bill, backed by deputy prime minister Nick Clegg and to be debated in the Commons next week.
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News
Seat at international table at risk over human rights
It seems a long time since human rights were regarded as a noble aspiration. Since then, they have become something of a political football. Where will it be kicked next? On prisoners’ votes, the government’s goal is clearly the long grass. Remember David Cameron promising that ‘prisoners are not getting ...
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News
Fears LETR may lead to ‘misguided reform’
A forthcoming report on the case for reforming legal education and training may be ‘unbalanced or worse’, the UK’s senior judge said in a lecture last week. According to Lord Neuberger, ‘misguided reform’ initiated by the Legal Education and Training Review (LETR) may ‘undermine the rule of law and our ...
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News
Blazing a trail: women and the judiciary
Who was the first woman judge in England and Wales? If you replied ‘Elizabeth Lane’, award yourself an A grade: Lane (1905-1998) became the first female county court judge in 1962, moving to the High Court three years later.
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News
Ignoring PACE was not ‘brave’
Is Christopher Halliwell, 48, really likely to ‘walk free’ when he has served the 25-year minimum term he was given for murdering 22-year-old Sian O’Callaghan, as one newspaper reported on Saturday? Sentencing him to life imprisonment a day earlier, Mrs Justice Cox told him: ‘If you are eventually released on ...
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News
No case to answer? Private prosecutions and prospects of conviction
When should you be allowed to bring a private prosecution? The very idea that a private individual may be able to initiate the state’s powers to prosecute and punish offenders may strike some people as strange. Isn’t that the job of public prosecutors, such as the Crown Prosecution Service (CPS)?
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News
Defining the coroner’s role has been the work of centuries
In the world of sudden deaths, the law tends to move slowly. Parliament first passed legislation setting out the duties of coroners well over 700 years ago, in 1275. But the Statute of Westminster can also be seen as the last act of parliament to define the coroner’s role, in ...
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News
Does new justice secretary’s lack of legal experience matter?
Judging by the look of its website on Tuesday morning, the Ministry of Justice still seems to be reeling a week after the replacement of almost all its ministers. There was little more on its main news page than a staged photograph of Chris Grayling, the new justice secretary and ...
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News
Religious beliefs should be respected - when rights are not impeded
Next week, the European Court of Human Rights will hear four claims against the UK that raise perhaps the most sensitive rights of all: the freedom of thought, conscience and religion guaranteed by article 9 of the European Convention on Human Rights. Although the freedom to hold religious views is ...
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News
New draft code does not go far enough
Can we afford to prosecute people any more? We have already seen the government’s proposals to introduce what it calls ‘deferred’ prosecution agreements, under which companies that commit economic crimes will be able to escape criminal charges, indefinitely, if they agree to pay penalties and comply with other conditions. Last ...
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News
Asking the right questions
It is the sort of thing that gives lawyers a good name. MPs spent three hours last week debating Labour’s call for an ‘independent, forensic, judge-led public inquiry’ into the culture and professional standards of the banking industry.