[ALL RECENT NEWS ARTICLES]

‘Prison, an expensive way to treat people inhumanely’

24/05/2013 | comment

‘Politicians need to stop playing KerPlunk with the prison system,’ said former prison governor and inspector John Podmore on Tuesday night, reports Mary-Rachel McCabe. ‘One day someone’s going to pull more…

‘Justice for all. Not just for the rich’

24/05/2013 | comment

Gerry Conlon of the Guildford Four and Breeda Power, daughter of Billy Power of the Birmingham Six, together with the families of Jean Charles de Menezes and Alfie Meadows, led more…

Sexual offences, moral panic and the right to a fair trial

21/05/2013 | 2 Comments »

The legal and social issues that surround sexual offences are complex and, by their very nature, dependant upon their own particular facts, writes Mark Barlow and Mark Newby. The protection more…

INJUSTICE: ‘Anyone who has been on trial will recognise the sense of helplessness’

20/05/2013 | comment

REVIEW: ‘Clive Stafford Smith did a better job of defending Kris Maharaj in this book than his defence team ever did,’ according to HMP Wandsworth’s book club in their review more…

‘You are undeserving. British justice has no place for you’

18/05/2013 | comment

APPALLING VISTAS: This month’s Queen’s Speech presents the most appalling of vistas. The easy targets are legal aid and the rights of the unpopular, but the constitutional implications are dramatic. more…

Forensic science, market forces and miscarriages of justice

17/05/2013 | comment

The House of Commons’ Science and Technology Committee has been inviting some of the major players in forensics science to give evidence to it about how forensics science is developing more…

Is time running out for juries?

17/05/2013 | comment

EVENT: JUSTICE fundraiser 12 Angry Men at the ICA. ‘Jury service enlarges one’s sense of self,’ argued Baroness Helena Kennedy QC on Monday night, following a fundraising screening for JUSTICE more…

Dangerous dogs, anti-social behaviour… and miscarriages of justice

16/05/2013 | comment

In the midst of the attack on legal aid, the plans for price competitive tendering and Save UK Justice campaigning, it is important that as lawyers working to preserve the more…

Rehab revolution: ‘At best ineffective, and at worst a dangerous experiment’

14/05/2013 | comment

‘Reoffending rates in this country have been too high for too long,’ said the Justice Minister Chris Grayling in a statement to the Commons last week. ‘Almost half the number more…

Justice gap wins legal journalism award

13/05/2013

The Justice Gap won the legal journalism category at the inaugural Halsbury Legal Awards, in a ceremony that recognised Sir Sydney Kentridge QC as well as Leveson inquiry lawyer Robert more…

1.6m behind bars: lessons from US prisons

11/05/2013

EVENT: Join Clive Stafford Smith, John Podmore, and David Jessel  in the third annual Prisoners’ Advice Service/ JusticeGap debate  – hosted by the UCL Centre for Access to Justice. Book now. more…

Public order policing: A question of force

10/05/2013 | comment

  ‘It is important that tactical options other than sheer physical force, with inherent dangers, be explored as a matter of urgency… . The use of batons carries significant risk more…

Pavement justice: On-the-spot fines & the rule of law

08/05/2013 | 2 Comments »

On-the-spot fines were once reserved for minor procedural issues such as parking or failing to have a train ticket, writes Josie Appleton. Josie Appleton (below) is director of the civil more…

‘Fascinating’ times in Her Majesty’s Playground

05/05/2013 | 1 Comment »

APPALLING VISTAS: Chris Huhne, the former cabinet minister jailed for eight months for perverting the course of justice, has found his experience of prison so far ‘fascinating‘, according to the more…

Mind the Justice Gap: ‘stop and search just isn’t working’

03/05/2013 | comment

‘It was a lonely experience,’ said Hughes Cousins-Chang , describing being strip-searched and held in custody for over 12 hours, without being allowed to contact his mother. Hughes, a sixth-form more…

Access to justice & the Spirit of ’45

02/05/2013 | comment

INTERVIEW: Michael Turner is fired up. He has just delivered a speech to a jury at Guildford Crown Court, and the sleet is lashing down outside as he sits in more…

Alfred Moore: ‘One day I’ll clear my name’

30/04/2013 | 2 Comments »

Alfred Moore was ostensibly a poultry farmer living with his wife and four young children at a small holding known as Whinney Close Farm, at Kirkheaton, a small village on more…

The right of silence and undermining legal representation at the police station

26/04/2013 | comment

Many notorious miscarriages of justice, such as the Guildford Four and Birmingham Six, occurred when suspects were denied access to solicitors and were coerced into making false confessions, writes Hannah more…

Court rules 17-year-olds in police custody to be treated as children

26/04/2013

Theresa May has agreed to act after a High Court ruling outlawing the Home Office policy of treating 17-year-olds in police custody as adults and denying them protections enjoyed by more…

Hated by the unions, loved by dinner ladies

24/04/2013 | comment

INTERVIEW: There can’t have been many candidates less likely to make Queen’s Counsel, that most venerable rank of legal distinction, than Stefan Cross, writes Jon Robins. To say that the more…

Appalling vistas: The rule of law is for the rulers, not the ruled

21/04/2013

  Appalling Vistas:  It’s appalling that the state should ever have funded poor people to go to law, writes Francis FitzGibbon QC. It’s appalling that foreigners who’ve lived in the UK more…

The Cardiff Five: innocent beyond doubt

19/04/2013 | comment

  There is no longer any credible doubt that the Cardiff Five are innocent, but they always were, writes Satish Sekar. Satish Sekar is a journalist who has specialised since more…

Fingerprint scanners & civil liberties

18/04/2013 | 1 Comment »

  It was reported that earlier this year the Metropolitan Police are being kitted out with mobile fingerprint scanners that can detect suspects within two minutes, writes Nicholas Dent. According more…

EVENT: Do you have to be white, middle class and go to university to be a lawyer?

18/04/2013 | comment

JOIN US for a debate about what the law means to young people in 21st Century Britain at City Hall. The JusticeGap has joined forces with Hackney Community Law Centre, more…

‘The legal status of prisoners in this country is a mark of its humanity’

16/04/2013 | 1 Comment »

On 4 April, a matter of days after the cuts to civil legal aid were brought into effect, Chris Grayling has announced the Government’s intention to cut legal aid for more…

Hillsborough lawyer: ‘The families want justice – but they want it without rancour’

12/04/2013 | comment

INTERVIEW: James Saunders is one of the lawyers representing the Hillsborough Family Support Group. He speaks to Oliver Lewis. Oliver Lewis is a higher court advocate with 20 years’ experience as more…

No defence: a relationship of trust

11/04/2013 | comment

Perhaps it isn’t surprising that many criminal defence lawyers are wary of journalists, writes David Rose. David Rose is special investigations writer for the Mail on Sunday and a contributing more…

Appalling vistas and angels of death

08/04/2013 | comment

APPALLING VISTAS: In 1980, West Midlands Police successfully appealed against a High Court ruling that civil action for assault brought by the men convicted of the 1974 Birmingham pub bombings more…

Radical lawyers, law centres and an uncertain future

28/03/2013 | comment

Many solicitors firms and chambers influential in criminal defence in the last few decades were founded by lawyers who cut their teeth in the Law Centre movement, writes Oliver Lewis. Oliver more…

Asylum and the race to the bottom

28/03/2013 | comment

As the dust settles in the wake of the Eastleigh by-election, the mainstream political parties, panicked by the apparent ascent of UKIP, have been engaged in a race to the more…

The Justice Gap goes to Hackney

27/03/2013

‘Mind the Justice Gap’, our legal education project, visited Hackney Community College earlier this month, reports Miranda Grell. The project is run by Hackney Community Law Centre, UCL Centre for more…

No defence: damping down expectations, not drumming up business

26/03/2013 | comment

Writing this, it is difficult to know what identity I should use, writes the Chief Legal Ombudsman Adam Sampson. Half a lifetime ago, I used to be a probation officer in more…

The Winslow Boy: a fight for justice that sounds familiar

24/03/2013 | comment

REVIEW: A 13 year old boy is wrongly accused of a crime, writes Francis Fitzgibbon QC. His accuser is an unaccountable organ of the state, which finds him guilty without more…

Half a century of change: The evidence of child victims

22/03/2013 | comment

‘I hate to imagine how many children there were who complained of molestation or who were or knew they would be, if they did complain, subjected to corporal punishment of more…

Michael Mansfield QC: stop playing with our rights

22/03/2013 | 1 Comment »

Instead of closing the gap, a huge chasm has just opened up right at the top of the system, writes Michael Mansfield QC. It is a shocking and disgraceful manoeuvre more…

Right to reply: victim of tabloid stitch-up responds to press regulation deal

21/03/2013 | comment

The reaction of the mainstream UK press to Tuesday’s announcement of an agreement on regulation was as predictable as some of it was misleading, writes Juliet Shaw.  In 2003 Juliet more…

A bitter pill: after the courts, the fight for justice goes on…

21/03/2013 | 1 Comment »

At the age of 24 years – and after having epilepsy since I was 16 years old – I had my first child. The pregnancy sailed along with less seizures more…

George Davis is innocent, OK

15/03/2013 | comment

George Davis, a professional criminal and armed robber was at the centre of one of the highest profile miscarriage of justice cases of the post-war era, writes Brian Williams. Brian more…

‘I’m convinced there are more miscarriages of justice than ever…’

13/03/2013 | 2 Comments »

WRONGLY ACCUSED: Show me a miscarriage of justice and, nine times out of 10, I will show you the blueprint that caused it, writes Eric Allison. Eric Allison is the more…

Alfie Meadows: Victory for right to protest

12/03/2013 | 1 Comment »

Last week a unanimous verdict of not guilty was delivered in the trial of Alfie Meadows and Zak King, writes Nadine El-Enany. Nadine El-Enany is Lecturer in Law at Birkbeck, more…

Law Centres, welfare reform & LASPO

08/03/2013 | comment

As legal advice for welfare benefits falls out of the scope of legal aid from 1st April, the government forges ahead with its programme of reform of the social security more…

Let’s talk about stop & search

08/03/2013 | 1 Comment »

Since the riots of Summer 2011, stop and search and poor relations between young people and the police in Tottenham have been prominent in the news, write Sophie Hostick-Boakye and more…

On the wisdom of criminalising squatting in the midst of a housing crisis

07/03/2013

On 1st September 2012, section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) was passed into law, making squatting in a residential building in England and more…

Pendulum swing too far? Remember the rights of the accused

06/03/2013

The Director of Public Prosecutions, Keir Starmer QC, today has delivered a speech calling for a national consensus on the investigation and prosecution of child abuse cases suggesting that the more…

Children in prison: from punishment to protection

01/03/2013 | comment

Young people in detention are amongst the most vulnerable groups in society in terms of accessing justice, writes Laura Janes. They tend to have only come across criminal lawyers who more…

No defence: professionalism vs economics

28/02/2013 | comment

It was inevitable, and perfectly understandable, that the piece ‘Poor Defence’, written by Maslen Merchant for the Wrongly accused: who is responsible for investigating miscarriages of justice? collection of essays more…

£4k for photocopying: watchdog exposes divorce costs

28/02/2013 | 2 Comments »

Family breakdown is the ‘most complained about area of law’, according to a new report out today. Excessive charges, poor service and customers who unfairly blamed lawyers for the outcome more…

Worse than nothing: only 3.6% on work scheme found jobs

27/02/2013 | 1 Comment »

Worse than doing nothing – that was Labour’s damning indictment of the coalition’s flagship Work Programme following the publication last week of the Public Accounts Committee (PAC)’s report on the more…

Theresa May, immigration judges & media myths

22/02/2013 | 2 Comments »

When a Home Secretary starts accusing the judiciary of subverting democracy, we should get nervous, writes Kate Blagojevic. But when new legislation designed to bypass human rights law is announced, more…

Police, bailiffs and bullying

22/02/2013 | 1 Comment »

On the 25th January, Justice Minister Helen Grant announced a proposed package of measures to ‘clean up the bailiff industry’, writes Kate Briscoe. Kate Briscoe founded the www.legalbeagles.info consumer website more…

Vicky Pryce retrial: don’t blame the jury system

21/02/2013 | 1 Comment »

Juries in criminal trials frequently ask questions after they have retired, writes Mark George QC. These usually seek clarification from the judge as to the directions of law he has more…

Criminal archive released: is there a serial killer in your family tree?

21/02/2013

You can now search some 2.5 million criminal records going back as far 1770 online at the National Archives. Click HERE to search Pic credit: findmypast.co.uk/National Archive. It shows the more…

Secret Courts: an affront to justice and the rule of law

18/02/2013

Thanks to Tony Blair’s pathetic desire for a place in history as a defender of the western way of life and his consequent decision to take the UK into a more…

Poundland ruling: is the government’s work scheme heading for the plug hole?

15/02/2013

Earlier this week it was ruled that the Government’s Work Programme was unlawful. The three judges who heard this case in the Court of Appeal ruled that the Secretary of more…

Policing and accountability

14/02/2013 | comment

Peter Fahy, chief constable of Manchester and a senior member of the Association of Chief Police Officers (Acpo) yesterday responded to criticisms made by the Guardian journalist Martin Kettle which more…

Defence lawyers and the myth of infallibility

13/02/2013 | 1 Comment »

Legal systems lie in the vulnerable position between the rock of justice and fairness and the hard place of workability and social control. Defence lawyers may be motivated by the more…

Gay marriage bill: an historic step forward

10/02/2013 | comment

This week the gay marriage bill passed its first parliamentary reading in the House of Commons. Despite fears of an overwhelming Conservative rebellion, the bill went through 400 votes to 175, a majority more…

IPCC: watchdog or old boys’ club?

07/02/2013 | 2 Comments »

‘Woefully underequipped and hamstrung’ was the frank assessment of the Independent Police Complaints Commission by the Home Affairs Select Committee. The police watchdog had ‘neither the powers nor resources’ required more…

Francis on Mid Staffs hospital scandal: ‘Good in parts’

06/02/2013

Very few people emerge with credit from the 1,700 pages and 270 recommendations of the Francis report on Mid Staffordshire NHS Foundation Trust. They are the relatively few staff who more…

Is crime really falling? Or are the police just failing to report?

05/02/2013 | 1 Comment »

Earlier this month defence lawyers called on its members to cite examples of ‘outrageous non-charging decisions where in the past on any sensible basis someone would have been put before more…

Case for defence: less money, less justice?

01/02/2013 | comment

Blaming over-zealous police or irresponsible prosecutors for miscarriages of justice makes for a simple and straightforward narrative, writes Daniel Newman. As with most things, though, the reality is more complicated, more…

CRB checks breach human rights

30/01/2013 | 1 Comment »

Yesterday it was ruled that a blanket requirement on job applicants to disclose minor offences, including cautions, amounted to a breach of their right to a private and family life more…

The camera never lies – or does it?

30/01/2013 | comment

On 28 January 1896 the first ever speeding ticket was issued in Britain. Walter Arnold of East Peckham, Kent was fined a shilling (plus costs). He was travelling 8mph and more…

Not innocent enough to be compensated?

25/01/2013 | comment

Barry George, wrongly convicted of the murder of BBC TV presenter Jill Dando, has lost a bid for compensation, ruled the High Court today. Three other people whose convictions had more…

JR review: ‘a remarkable lack of concern for the precision of the facts’

24/01/2013 | 1 Comment »

A couple of months ago the justice secretary Chris Grayling opened consultation on the role of judicial review, writes Mhairi Aylott. He proposed major changes to the process: slashing the more…

Playing divide and rule on welfare reform

24/01/2013

During his People’s Budget speech in 1909, then Chancellor of the Exchequer David Lloyd George said: ‘I cannot help hoping and believing that before this generation has passed away, we more…

What’s the media ever done for us?

18/01/2013 | 1 Comment »

More than a century ago, Sir Arthur Conan Doyle used the columns of the Daily Telegraph and other publications to campaign for the exoneration of George Edalji wrongly convicted on more…

Right to wear cross: Strasbourg’s balancing act

17/01/2013

Article 9 of the European Convention on Human Rights grants citizens freedom of thought, conscience and religion, writes Mhairi Aylott. This includes freedom to change religion or belief, and freedom, more…

Deadly dust: why the government is failing the victims of asbestos cancer

17/01/2013 | comment

The deadly cancer mesothelioma is the latest target of proposed Government changes to the finding of legal actions which it claims will streamline the claims process, but in fact could more…

The SPG: Whatever happened to Britain’s most controversial policing unit?

11/01/2013 | comment

ESSAY: The Special Patrol Group is arguably the most controversial unit in the history of British policing, writes Brian Williams.  From 1973 to its replacement in 1986 the unit became more…

Chris Grayling: ‘attack dog with lemming tendencies’

10/01/2013 | comment

PROFILE: Chris Grayling, made history recently as the first non-lawyer to be appointed Lord Chancellor. So far he has not so far disappointed, writes Matt Evans. The rightwing, populist justice more…

Rehabilitation revolution: ‘a reckless gamble with the public safety’

09/01/2013 | comment

The Justice Secretary, Chris Grayling, today has unveiled radical plans to outsource large parts of the probation service to the private and voluntary sectors, writes Mhairi Aylott. This announcement has more…

Cardiff Five: Innocent Beyond Any Doubt

07/01/2013

REVIEW: The Cardiff Five tells the story of a miscarriage of justice in which five innocent men were arrested, charged and initially held in prison for the murder of Lynette more…

Hillsborough: the end of the beginning for campaign for justice for the 96?

03/01/2013 | comment

I have never been able to view Hillsborough with the dispassionate eye lawyers are supposed to bring to bear, writes Mark George QC. That’s probably because long before I ever more…

What to do if your Landlord goes bankrupt

02/01/2013

ADVICE GUIDE: You, like me, probably get the occasional letter addressed to the occupier, writes Samir Jeraj. Normally it’s some annoying direct marketing campaign or someone trying to get you sell more…

Season’s greetings from the Justice Gap

20/12/2012

Merry Christmas and a Happy New from the JusticeGap. Thanks also to Isobel Williams for the festive sketch (www.izzybody.blogspot.co.uk.). See you in the New Year.     Jon, Kim & more…

Tony Stock: one of the most outrageous miscarriages of justice of modern times

20/12/2012 | comment

For over four decades Tony Stock protested his innocence and fought to overturn a conviction for his part in the brutal robbery of a Tesco store in the Merrion Centre more…

The case of Eddie Gilfoyle

19/12/2012 | comment

Paula Gilfoyle was found hanged in the garage of the home she shared with her husband Eddie on the 4th June 1992. 32-year old Paula was eight and a half months more…

Extending the long arm of the state

14/12/2012 | 1 Comment »

Transparency, accountability, equality. These are all things that this Government says it likes and respects, writes Laura Janes. Its actions also imply that these are qualities that we can reasonably more…

Wrongly accused: ‘a lack of urgency’

14/12/2012

Most presume that the job of a defence lawyer ends when a magistrate or foreman of a jury announces that the defendant is guilty, writes Ian Brownhill. Or, when that more…

Lincoln prison: ‘not an isolated example’

14/12/2012

About 20 years ago – as a young and naïve trainee solicitor – I travelled from London to Lincoln prison to see a client, writes Matt Evans. The prison was more…

Snooper’s charter: ‘fanciful & misleading’

12/12/2012 | comment

The Joint Committee on the Draft Communications Data Bill produced its report yesterday (available here) and it’s a devastating piece of work, writes Paul Bernal. It rips the bill, and more…

Finance reforms: ‘no point in choices unless you’re informed’

11/12/2012

The House of Lords last week returned the Financial Services Bill to the House of Commons after completion of the third reading, writes Sarah Parkes. If passed, the Bill would more…

No judgment. No justice

05/12/2012 | comment

Judgments seldom make easy reading, even for lawyers. The judgments that really matter, by which I mean judgments that potentially introduce new principles or modify existing ones, tend to be more…

Why prisons are failing vulnerable women

05/12/2012

What works for men does not necessarily work for women – especially women with children, writes Mary-Rachel McCabe. The Prison Reform Trust has long been contending that this is what more…

Mind the Justice Gap: Mossbourne visit

30/11/2012 | comment

‘Is it ever OK to break the law?’ It was one of the questions we asked of some 200 GCSE students at Mossbourne Community Academy in Hackney last week, writes more…

CCRC REVIEW: cheerleader or critic?

30/11/2012 | 1 Comment »

To be a cheerleader or a critic? As the Criminal Cases Review Commission (CCRC) faces a review of its own, this is the question for us all, writes Mark Newby. more…

‘A fair and balanced report opposed only by those who seek to mislead’

29/11/2012 | 1 Comment »

As one of the 600 individuals and organisations who provided evidence to the Leveson enquiry, I was sceptical of the outcome, writes Juliet Shaw. I had first-hand experience of the more…

Banning orders: making criminals out of fans

27/11/2012 | comment

Two Newcastle fans in their late teens are watching their team play, writes Amanda Jacks. An equalising goal is scored and thanks to a surge of jubilant supporters – they more…

Will Self: Mind-bending behind bars

27/11/2012

I was late, writes Ben Gunn. The iniquities of public transport coupled with my innate geographical deficits meant that I had to sneak through the doors and up to the more…

A defence of responsible tweeting?

23/11/2012

One of the many issues to emerge as a result of the McAlpine saga is the question of how vulnerable users of social media like twitter might be under defamation more…

Trust us. We’re the government.

22/11/2012 | comment

Judicial review must be restricted. Not because it’s a bad thing, you understand. But because the economic imperative requires it – writes Ben McCormack. David Cameron’s argument is that business more…

Where next for investigative journalism?

22/11/2012 | comment

ANALYSIS: Investigative journalism itself has come under the media lens recently following the BBC Newsnight error of judgment that resulted in Tory peer Lord McAlpine wrongly tainted with child abuse more…

‘If we are going to sin, we must sin quietly’

20/11/2012

ANALYSIS: The degree of British Government complicity in atrocities in Kenya during its Mau Mau rebellion against colonial rule only came to light in the spring of 2011, writes Brian more…

Youth cautions and the slap on the wrist

16/11/2012 | 3 Comments »

In England and Wales, the age from which children can be arrested, detained at police stations and questioned as part of an investigation is 10, writes Harriet Balcombe. This is more…

Hidden homeless: Where from? Where now?

15/11/2012

  When you think of a rough sleeper, do you think of a man or a woman? A new multimedia exhibition at the gallery@oxo this week will provide a unique more…

Changes to website

09/11/2012

We’re making a few changes to the website – so bear with us. The changes will enable us to take ads. So if you want to advertise  – please email more…

Secret courts and justice in the dark

09/11/2012 | comment

The Justice and Security Bill plans to extend the use of closed material proceedings to all civil trials – secret court hearings – allowing the government to present evidence behind more…

Savile, Bryn Estyn and the danger of modern witch-hunts

08/11/2012 | comment

ESSAY: Metropolitan Police Commander Peter Spindler described the Savile Case as a watershed in abuse investigations praising the media and the victims for exposing the scale of the abuse by more…

Discrimination at work

08/11/2012

ADVICE GUIDE: Your right not to be discriminated against at work. In the third of our JusticeGap series (here), I’m going to cover the law relating to workplace discrimination in more…

Running prisons for profits: ‘a commercial rather than a humanitarian debate’

06/11/2012 | comment

Many still argue that prison for profit is wrong in principle but the debate is over as jurisdictions across the world seek ever cheaper solutions to their obsession with incarceration, more…

Compensation for the wrongly accused

04/11/2012 | comment

ANALYSIS: It might be assumed watching an appellant being released from the Court of Appeal that he or she will be compensated by the state for being wrongfully convicted and more…

Demo at Alfie Meadows retrial

02/11/2012

REPORT: Demonstrators gathered outside Woolwich Crown Court on Tuesday earlier this week in support of Alfie Meadows, 21, who is being prosecuted for his involvement in the student tuition fees more…

Michael Mansfield: Hillsborough, Orgreave & the case for a truth commission

31/10/2012 | comment

‘We should treasure what happened in Liverpool. The families and indeed the public have faith in this,’ says Michael Mansfield QC of the Hillsborough Independent Panel and its ability to more…

From Orgreave to Hillsborough: South Yorkshire Police ‘out of control’

31/10/2012

The Independent Police Complaints Commission (IPCC) recently announced that it will investigate the way in which the South Yorkshire Police handled the aftermath of the Hillsborough disaster – writes Mark more…

‘Bent for the job’: A short history of police corruption

25/10/2012 | 1 Comment »

ESSAY: Bent for the Job:  A short history of police corruption and miscarriages of justice 1963 to 1990, by Brian Williams. Brian Williams (below)  is a Police Constable of nine more…

Iran tribunal: shining light on the shortcomings of international justice

23/10/2012 | comment

This week an independent tribunal in The Hague will examine the massacre by the Ayatollah Khomeini’s regime of some 20 to 30,000 political prisoners, men and women, in Iran in more…

PCC elections: democratic voice or campaign of fear?

19/10/2012 | comment

A few weeks ago I wrote on the JusticeGap a blog about the Howard League for Penal Reform’s latest campaign, writes Lucy Russell.  The Howard League’s U R Boss project, more…

PCC elections: cuts and perpetuating myths

18/10/2012 | comment

PCC elections: ‘A ‘relentless focus’ on cuts will be the number one priority for would be voters in the Police and Crime Commissioners (PCCs) elections. In one month’s time, voters more…

No defence: the erosion of PACE rights

17/10/2012 | comment

Regulation of the police station stage of the criminal process by the Police and Criminal Evidence Act 1984 and the PACE Codes of Practice is rightly regarded as a major more…

Sketches of justice: Privy Council to squat

11/10/2012 | comment

I explore the gunge in the waste disposal to retrieve the tiny pipette I use to fill a plastic brush-pen with ink. I take the wrong bus. Then I miss more…

Shutting the stable door (on World Mental Health Day)

11/10/2012 | comment

A 2011 study by the Children’s Commissioner for England raised concerns about both the quality and variation in standards of care for young offenders with mental health issues, writes Kim more…

‘A fictional solution to a non-existent problem’

10/10/2012 | comment

ANALYSIS: The evidence is clear: householders already have all the burglar-bashing rights they could wish for, writes Gordon Darroch. Elsewhere on the JusticeGap, you can read Mark George QC on more…

Chris Grayling’s long campaign for the right to ‘batter a burglar’

09/10/2012 | comment

Chris Grayling, in his first speech as justice secretary today, is expected to give an indication as to where his priorities might lie by calling on all community sentences to more…

Sean Rigg: Who polices the police?

04/10/2012 | comment

The question of who polices the police is more than rhetorical, writes Michael Etienne. It is a question posed in title of Ken Faro’s hard-hitting film documenting the death of more…

Whatever happened to community justice?

03/10/2012 | 4 Comments »

ANALYSIS: ‘They see the judge as being very fair to them. Even when he’s locking them up which he tries not to. This is the first court I have ever more…

Defamation: where are the stats?

28/09/2012 | comment

ANALYSIS: On Tuesday 18 September, the Law Society held a public debate on the Defamation Bill, asking the panel – including two QCs, a libel reform campaigner and an in-house more…

Foreign national prisoners: access to justice

27/09/2012 | comment

There is a pressing need for accessible, high quality immigration advice in prisons and immigration removal centres (IRCs), a need which is recognised in official policy and specialist guidance, writes more…

Foreign national prisoners: super-selectivity and stupid policies

27/09/2012 | comment

REPORT: Detention Advice Service’s (DAS) 20th anniversary conference, which took place last week, went ahead under the title of ‘Foreign national prisoners: Meeting the challenges ahead’, writes Gemma Lousley. From more…

Facebook: Snitchgate

26/09/2012

ESSAY: A story about Facebook went around twitter at the end of last week, a story that provoked quite a reaction: something that I had thought would be of interest more…

The perils of DIY law: the high price of justice

26/09/2012 | 3 Comments »

I’m going to start this piece by making three straightforward propositions, writes Daniel Hoadley. The first is that the law of England & Wales is difficult to get your head more…

Bruce: 24 hours to judgement

21/09/2012

PHOTO ESSAY: I met Bruce (15) and his partner Amy (17) as they were sleeping on the floor of a house in Market Town. Bruce went to the same high more…

DPP to tackle Facebook and Twitter abuse

21/09/2012 | comment

The Crown Prosecution Service (CPS) has announced that it will issue guidance on criminal charges for people who posting abusive comments on social media networks following homophobic tweets about Olympic more…

Hillsborough and the fight for justice

20/09/2012 | comment

ANALYSIS: In 2002 the Court of Appeal rejected 15 grounds of appeal presented by Jeremy Bamber in a challenge to his 1986 conviction for the murder of 5 members of more…

IPP ruling: indefinite sentences breach human rights

19/09/2012 | comment

Yesterday the European Court of Human Rights (ECHR) made a judgment on the case of James, Well and Lee v. the United Kingdom – one current and two former IPP more…

Unfair dismissal – an introduction

18/09/2012

JUSTICE GAP GUIDE: This is the second in a series of articles on employment law aimed at the public and specifically looking at the practice and procedure in the employment more…

Girls’ mental health needs overlooked in police custody

13/09/2012

New research released today by social policy think tank IARS shows that procedures for assessing and dealing with young women’s mental health issues in police custody need to be improved more…

Aga saga: Maddened by the law

13/09/2012 | 1 Comment »

I once made a television programme about the phenomenon of the ‘Vexatious Litigant’, writes David Jessel. It was meant to be a sympathetic portrait, which made it all the more more…

‘The disappeared’: the IPP prisoners stuck in the criminal justice system

06/09/2012 | 5 Comments »

FEATURE: There are over 6,000 people in prison who arguably shouldn’t be there and have no release date, writes Sophie Barnes. Of this number about half have already served their more…

Huge surge in unrepresented litigants

04/09/2012 | comment

There has been a 61% rise in the number of reported High Court and tax tribunal cases involving unrepresented litigants in the last five years. According to the legal publisher more…

Drop off in libel cases post-Leveson

03/09/2012 | comment

The number of defamation court cases fell 15% last year, according to the legal publisher Sweet & Maxwell. Public scrutiny following the phone hacking scandal has led to ‘a lower more…

Amy and the family ties that bind

29/08/2012 | comment

PHOTO ESSAY: This is Amy – she is 17 years’ old – after a dispute with her mother five months ago over a desire to visit her father (serving 12 more…

New powers to deal with rogue claims companies

28/08/2012 | comment

Claims management companies providing a poor service could be forced to pay compensation, according to plans published by the Ministry of Justice today. From next year it will be the more…

The Olympic spirit and the right to protest

03/08/2012 | comment

An interesting video surfaced this week from the place where all interesting videos surface – Youtube from last Friday’s Critical Mass demonstration in London, writes Mike Etienne. Photo by biggerbyfar more…

Family justice review: delays cause ‘unacceptable suffering’

01/08/2012

Children were suffering as a result of family cases taking too long to go through court, the Lord Chief Justice said yesterday. Lord Judge, introducing a new report following on more…

Deadly dust and the ‘compo culture’

31/07/2012

A government in denial, changing the very laws which currently allow ‘access to justice’, no matter how deep their pockets. A junior minister championing those reforms who has investments in more…

Bunting and the Olympic spirit

29/07/2012 | 1 Comment »

I’ve just been to see Hamdy Shahein. He’s the Stoke Newington newsagent who was strong-armed by Hackney’s Trading Standards and Police officers to take down his Olympic Torch Relay (TM) more…

Taking on Tesco: planning law, local democracy & PR spin

27/07/2012 | 4 Comments »

At the end of last year Tesco announced that it was going to re-submit its application for an out of centre supermarket in Holmfirth, writes Margaret Dale of Keep Holmfirth more…

Open justice: sketches of the Supreme Court

25/07/2012 | comment

‘Knives aren’t allowed so I forget about trying to sharpen charcoal pencils and end up smearing my face with burnt sticks as usual,’ writes Isobel Williams, about the perils of more…

Rape convictions at ‘record high’ – but no room for complacency

25/07/2012 | comment

The Crown Prosecution Service last year prosecuted 91,000 cases involving violence against women and girls, up from 75,000 cases three years before, and convictions rose by 29% over the same more…

Community justice and the big society

19/07/2012 | 3 Comments »

ANALYSIS: Following the 2003 Home Office White Paper Respect and Responsibility: Taking a Stand Against Anti-Social Behaviour, and the 2008 Green Paper Engaging Communities in Criminal Justice, a greater emphasis more…

‘People should be very angry. It’s an attack on the poor and vulnerable.’

18/07/2012 | comment

REPORT: Community justice: do we get it? Last week the JusticeGap and Hackney Community Law Centre hosted a debate on the House of Commons. Kim Evans reports.   ‘People should be more…

‘Swift’ and ‘sure’ justice? Or yet more tinkering…

14/07/2012 | comment

‘Blairism led to 21 criminal justice bills in 13 years,’ said justice secretary Ken Clarke on the Andrew Marr show last February  - and he didn’t mean that as a more…

An old stager fails to convince

11/07/2012 | 1 Comment »

REVIEW: Ken Clarke, the Talleyrand of early 21st century British politics, took part in a public ‘conversation’ with Roger Smith, the director of JUSTICE, on 10th July, writes Francis FitzGibbon more…

Access to justice: what role for the Internet?

11/07/2012 | comment

ESSAY: Parliament used the Legal Services Act 2007 to enshrine the need to increase access to justice within legal services regulation, writes Alex Roy of the Legal Services Board.  As more…

Stop & search: another summer of discontent?

06/07/2012 | 1 Comment »

ANALYSIS: Are we heading for another summer of discontent, writes Kim Evans. Judging by a report recently published by the Equality and Human Rights Commission on the police’s use of more…

Wrongly accused: a need for ‘imagination and outrage’

06/07/2012 | comment

‘We’re back where we were in the late 1980s,’ argued Campbell Malone, the veteran defence lawyer and miscarriage of justice campaigner at a debate in Manchester last week.  ‘We have more…

Twitterati come out for joke trial

28/06/2012 | comment

The ‘Twitter Joke Trial’ was back in the High Court yesterday, writes Kitty Stainsby. The appellant, Paul Chambers, was convicted of sending a menacing tweet about Robin Hood airport, which more…

Appeal judges rule on rights of vulnerable detainees

27/06/2012 | 1 Comment »

The Appeal judges yesterday considered whether a person had made an ‘informed, voluntary and unequivocal waiver’ of their right to legal advice in a police station, writes Kim Evans. The Court of more…

Open justice: sketching Leveson

26/06/2012

The prospect confronting a courtroom artist is not that aesthetically pleasing: plastic water jugs, computers, suits, a far-away view of the subject – and you’re not even allowed to draw more…

‘Wrongly accused’ debate in Manchester

22/06/2012

Following the JusticeGap’s Wrongly Accused debate at College of London in Store Street, London in April, we are running a second debate in Manchester. We are organising it with the more…

Justice in the community: do we get it?

21/06/2012

EVENT: The JusticeGap together with Hackney Community Law Centre (HCLC)  is hosting a debate at the House of Commons on the role of the advice sector in communities in the more…

Mind the Justice Gap: a joint PLE project

21/06/2012 | comment

The JusticeGap is joining forces with Hackney Community Law Centre and the University College London’s faculty of law to work on a major public legal education (PLE) project aimed at more…

Community sentences: a soft option?

21/06/2012 | comment

My brother has just been handed a community sentence for a crime he committed last year, writes Kimberley Tew. Even though all of his friends and family have known about more…

A tribute to Dylan

18/06/2012 | 44 Comments »

A Tribute to Dylan, written by Julie Price and Dennis Eady. Dylan O’Brien is not a name that is instantly recognised in the miscarriages of justice arena, but his story more…

Stop and search: ‘real scope for abuse’

15/06/2012 | comment

ANALYSIS: Just before 7pm on July 9th 2010 Anthony Frederick, a grandfather with no criminal convictions, was chatting to his neighbour in his own driveway, writes Sasha Barton, a solicitor more…

Stop and search: know your rights

15/06/2012 | 1 Comment »

The Equality and Human Rights Commission reported this week that the police were 28 times more likely to use stop-and-search powers against black people than white people. You can read more…

Anonymity, trolls… and defamation

13/06/2012 | 1 Comment »

ANALYSIS: A headline on the BBC’s website yesterday reads: ‘Websites to be forced to identify trolls under new measures’, writes Paul Bernal. Beneath it, the first sentence says something somewhat more…

Dutch justice: how a run of cases have shaken confidence in the courts

13/06/2012

Until a few years ago the phrase ‘miscarriage of justice’ was rarely heard in the Netherlands, writes Gordon Darroch. But a handful of high-profile cases have put the country’s justice more…

Legal action against squatters doubled in last year

07/06/2012 | comment

The number of court orders to evict squatters in London’s wealthiest  boroughs has rocketed by over 100% in the last 12 months. You can read about the government’s plans to more…

Calls for right of redress against lawyers ‘hounding’ non-clients

07/06/2012 | comment

There are new calls upon the legal profession’s watchdog to accept complaints from non-clients and consumers otherwise prevented from complaining due to ‘technicalities’ out today. The Legal Services Board’s independent more…

Wrongly Accused debate: who is responsible for investigating miscarriages of justice?

06/06/2012 | comment

‘I thought it was a beacon of light which would ensure those wrongly convicted got justice.’ Susan May talking about the Criminal Cases Review Commission earlier this year. Despite the more…

Treason & jaffa cakes: lawyers celebrate jubilee

01/06/2012 | comment

Legal publisher LexisNexis asked their lawyers to nominate 10 ‘landmark’ legal cases that have taken place during HM’s reign, apparently to celebrate the Queen’s Diamond Jubilee. Their imaginative team came more…

Is prison too soft? PAS/ JusticeGap debate

31/05/2012 | 1 Comment »

‘Prison is a society. It felt at times like we were prisoners of war and that there was an enemy outside. Perhaps that enemy was the media.’ Lord Hanningfield speaking more…

Enterprising reform

29/05/2012 | comment

ANALYSIS: On 23 May, the Government published its Enterprise & Regulatory Reform Bill, as trailed in the Queen’s Speech, writes Richard Dunstan. With the aim of ‘improving the employment tribunal more…

Walk for justice: over £500,000 raised for legal advice sector

25/05/2012 | comment

A week after Lady Justice Hallett warned against her courtroom be ‘turned into a circus’ – see HERE – and the circus turned up to the Royal Courts of Justice. more…

Cautions, coppers and con tricks

24/05/2012 | 4 Comments »

ANALYSIS: Every criminal advocate knows that Crown Courts are ghost towns compared to a few years ago, writes Mark George QC. Many have suspected that the cause must be changes more…

PM still backing bonkers ‘fire at will’ plans

24/05/2012 | 1 Comment »

Business Secretary Vince Cable yesterday attacked ‘ideological zealots who want to encourage British firms to fire at will’.  He was speaking after a draft of the venture capitalist Adrian Beecroft’s more…

Where now, after Hallam?

24/05/2012 | comment

Last week, those of us involved directly or indirectly in the miscarriage of justice world were celebrating that rare event – the decision by the Court of Appeal to quash more…

Asbos didn’t work, neither will this gimmick

23/05/2012

ANALYSIS: I read with dismay the latest government proposals regarding the so called ‘streamlining’ of anti social behaviour orders (Asbos), and the proposed powers to put power to force the more…

Sam Hallam: ‘It should never have happened…’

16/05/2012 | comment

REPORT: Sam Hallam was ‘the victim of a serious miscarriage of justice’, writes Kim Evans. So said Henry Blaxland QC in his opening address to the Court of Appeal today. more…

Sam Hallam: freed on bail after seven years

16/05/2012 | 2 Comments »

Sam Hallam was freed on bail today after the prosecution said it would not oppose his appeal against the conviction. Pic: Sam Hallam leaving court today (Kim Evans) Read Kim more…

Groundbreaking legal fight to bring online bullies to justice

11/05/2012 | comment

‘It made me feel furious and totally helpless that someone could easily take my photo and set up a fake account in my name pretending to be me. The reaction more…

Queen’s speech lifts ban on cameras in court

10/05/2012 | comment

Broadcasters welcomed the inclusion in the Queen’s speech of the promise of legislation to allow them to film court proceedings. In a joint statement from Sky News, ITN and the more…

A second-class service for legal aid clients

09/05/2012 | comment

Defence firms ‘should make it clear to legal aid clients how their publicly funded status affects the service they get’, according to a leading solicitor advocate. ‘It’s a myth that more…

Plans for ‘swift’ neighbourhood justice

09/05/2012 | comment

Ministers are to announce plans to allow magistrates to sit on their own in community centres or police stations in a bid to speed up justice. According to a report more…

Walk for justice

08/05/2012

Join the Justice Gap team for the London Legal Walk, which takes place after work on Monday 21st May 2012. Thanks to Amanda Bancroft who writes Beneath the Wig blog more…

Is prison too soft?

04/05/2012 | comment

TICKETS AVAILABLE: As part of the Justice Gap, series we are teaming up for a second year with the Prisoners Advice Service to host their annual debate. You can read more…

‘It’s the litigants who will suffer most’

04/05/2012

The day before district judge Richard Chapman talks to the JusticeGap is a typically frantic day at Telford County Court. On his list, there were 12 ‘Children Act’ cases featuring more…

‘I want justice for Eddie’

02/05/2012 | 3 Comments »

‘My brother, Eddie Gilfoyle has just spent 18 years in prison for something he didn’t do. 18 years is a long time in prison if you are guilty. If you more…

Legal aid Bill receives royal assent

01/05/2012 | comment

The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 received Royal Assent today. The legislation will remove £350m from the £2.2bn legal aid budget by removing entire areas more…

Judge starts campaign against ‘scourge’ of divorce

01/05/2012 | comment

A High Court judge yesterday blamed a ‘Hello magazine’ culture to marriage for fuelling a dramatic rise in divorce.  Sir Paul Coleridge, who sits in the Family Division, speaking on more…

How experts got it wrong in Baby Jayden case

01/05/2012 | comment

The High Court last week ordered a toddler be returned to her parents after she was removed at birth following the death of her brother in 2009 bringing to an more…

Wrong questions, soft targets

27/04/2012

ANALYSIS. Kim Evans on three important events looking at the investigation of miscarriages of justice in the last three weeks. ‘Whilst there are problems with the Criminal Case Review Commission more…

Zander on the CCRC

26/04/2012 | comment

ANALYSIS: Michael Zander QC on whether the Criminal Cases Review Commission (CCRC) lives up to what the Runciman Royal Commission on Criminal Justice envisaged. This is a paper that Prof more…

Open Justice: cameras in court

26/04/2012 | comment

BBC, ITN and Sky are pushing to overturn the ban on cameras in courtrooms. The broadcasters are joint signatories to a letter calling for the provision to be included in more…

RSPCA at ‘breaking point’: as cruelty convictions up by nearly a quarter

24/04/2012

The number of people convicted of cruelty and neglect to animals rose by nearly a quarter last year, according to RSPCA figures announced today. You can read Dr Angus Nurse more…

Vulnerable defendants and the courts

20/04/2012 | comment

ANALYSIS: Felicity Gerry considers how courts treat vulnerable defendants. Since the trial of Venables and Thompson where two children were tried in an adult court for the murder of James more…

Legal aid Bill concessions: update

19/04/2012 | comment

Ministers backed down on controversial plans to make it harder for victims of domestic violence to claim legal aid; but otherwise refused to bow to all but three of the more…

Free to go? Surviving a wrongful conviction

18/04/2012 | comment

As Billy Mills stood on the steps of the Edinburgh Court of Criminal Appeal in March 2009, he was overcome with relief as the words of Lord Gill echoed in more…

What to do when the bailiffs come

12/04/2012 | comment

ADVICE GUIDE: Rita Jackson explains what happens if you break the terms of a mortgage possession order. For Rita’s guide to what to do if you are struggling with your more…

Privatising prisons: a step too far?

11/04/2012 | comment

ANALYSIS: The UK currently has the most privatised prison system in Europe, writes Michael Teague. Is privatisation the answer to our overcrowded prison system? Pic credit: Alberto. From April 2012, more…

Bringing down the shutters

05/04/2012 | comment

ANALYSIS: Here’s a paradox, writes Francis FitzGibbon: in the same week, the government says it wants more powers to scrutinize your phone calls and online communications, it insists on less more…

Wrongly Accused launch: A death of justice

05/04/2012 | comment

GARETH PEIRCE: ‘It is not the first time in history that the Court of Appeal has been an impediment to cases being reopened. There have been battles in the past more…

Live Justice: demystifying the law

03/04/2012 | comment

LIVE TWEETING AND BLOGGING  from the courts today and tomorrow. Jon Robins (@JusticeGap) is taking part in the Guardian Live Justice project this week. On April 3rd Jon is reporting more…

Here comes Co-Op Law

29/03/2012 | comment

The Co-operative has become the first major consumer brand to be licensed by the solicitors’ regulatory body to offer the full range of high street legal services. Co-operative Legal Services more…

Targets for ethnic minority and female judges

28/03/2012 | comment

The House of Lords’ constitution committee today published a report calling for ‘a more diverse judiciary’ to ‘improve public trust and confidence’ including the possibility for targets for female and more…

Justice Gap… in the community

23/03/2012 | comment

An innovative video conferencing scheme linking lawyers to the public, free to use and provided by Instant Law went live in an Oxford community centre today. As reported before HERE, more…

10 questions to avoid being ripped off

23/03/2012 | 1 Comment »

ADVICE GUIDE: Almost one in four complaints about lawyers relate to clients feeling ‘over-charged, confused, or surprised’ at the costs. The following guide is aimed at consumers to make sure more…

Thrill of the chase

22/03/2012 | 1 Comment »

FEATURE: Kim Evans reports on the tragic death of a young father after a police chase. In the early hours of the 18th May 2008, 22-year-old Lee Lewis made a more…

Struggling with your mortgage? Read this

21/03/2012

ADVICE GUIDE: Rita Jackson advises you on what to do if you are struggling with your mortgage repayments and fear that you might lose your home. This guide relates to more…

Bill shock: one in four complaints against lawyers to do with costs

21/03/2012 | comment

‘Cost’ was the single most common cause of complaints from clients about their lawyers, according to a new report published Legal Ombudsman. It found that in ‘20% to 25%’ of more…

Communication breakdown: why we are protesting

16/03/2012 | 10 Comments »

ANALYSIS: The decision to award Applied Language Solutions the contract for court interpretation services has met with fierce criticism – yesterday interpreters demonstrated outside the House of Commons. Marc Starr, more…

Justice for Annie

15/03/2012 | comment

Yvette Livingstone is the mother of six-year old Annie, who was left with severe life-long disabilities after a series of medical blunders. Yvette argues Annie’s legal action for compensation could more…

One in five family ‘experts’ not qualified

14/03/2012 | comment

One in five psychologists instructed as expert witness in the family courts was deemed ‘inadequately qualified for the role’, in a new report out today. Evaluating Expert Witness Psychological Reports: more…

Beginners’ guide to court reporting

14/03/2012

OPEN JUSTICE: You can read the JusticeGap guide to court reporting below. The guide was prepared to tie in with a Scottish initiative called Open Justice week  which aimed to more…

Cost savings leading to CPS blunders

13/03/2012

Cutting costs was damaging Crown Court cases, according to a report into the Crown Prosecution Service. Michael Fuller, chief inspector of Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI), warned that more…

A bitter pill: the epilim familes fight on

08/03/2012 | 3 Comments »

Last year, the legal action involving 100 families seeking compensation on behalf of their children against the anti-convulsant Epilim came to a premature end, writes Janet Williams. You can read more…

Another bashing for Legal Aid bill

08/03/2012

The Government’s legal aid reforms Bill received another bashing at the hands of peers yesterday. The Legal Aid, Punishment and Sentencing of Offenders Bill – which aims to strip away more…

JUSTICE GAP DEBATE: Tickets available

07/03/2012

If you are interested in attending the launch for Wrongly accused. Who is responsible for investigating miscarriages of justice? let us know. WHERE: College of Law, 14 Store Street, London more…

A pincer movement against the poorest

05/03/2012 | 1 Comment »

The controversial legal aid Bill is back in the House of Lords this week, as the campaign against its planned £350m cuts are joined by faith leaders as well a more…

Whatever happened to Rough Justice?

01/03/2012 | comment

ANALYSIS: In the very same week that the BBC announced it was to axe Rough Justice, three Appeal Court judges quashed the murder conviction of a young man, whose wrongful more…

Wrongly accused: Download HERE

01/03/2012 | 2 Comments »

LATEST IN THE JUSTICE GAP SERIES OUT NOW: ‘Our system of criminal justice is not perfect,’ writes Mr Justice Sweeney in his introduction to a new collection of essays about more…

Rape investigations criticised

01/03/2012

Improvements needed be made to police rape investigations, according to a new report out this week. The report by HM Inspectorates of Constabulary and the Crown Prosecution Service (Forging the more…

Concessions on legal aid Bill

01/03/2012

The Ministry of Justice yesterday tabled two amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill. On domestic violence: Ministers have promised to ‘put it beyond doubt that more…

Feuding neighbours warned: don’t go to court

29/02/2012 | comment

Warring neighbours have been warned away from resorting to the courts to sort out boundary disputes by the Court of Appeal. The Court of Appeal was considering a ‘protracted boundary more…

Language problem

27/02/2012 | 12 Comments »

ANALYSIS. John Storer writes about the growing crisis enveloping  a controversial new contract to run court interpreter services. I live and work as a criminal defence lawyer in Boston, Lincolnshire, a more…

Open Justice: shining a light on your courts

23/02/2012 | 1 Comment »

Next week marks the start of a potentially fascinating experiment that aims to shine some light on those under-exposed parts of the justice system. ‘Open Justice week’ is a Scottish more…

The return of the extradition trap

22/02/2012

At 9.30am on Friday this week Christopher Tappin must report to Heathrow’s police station. Tappin (it was noted in this Saturday’s Times) makes ‘an improbable criminal’. Christopher Tappin is a more…

Crackdown on bailiffs

20/02/2012

Ministers have promised a ‘major legal overhaul of the bailiff industry’ setting out ‘how ethical activity should be enshrined in law’. ‘Too many people have experienced intrusive, expensive and stressful more…

Behind bars: prisoners and their rights

16/02/2012 | comment

‘Society wants to know about prison life, an interesting place to visit but you wouldn’t want to live there.’ Frankie Owen, from The Little Book of Prison. You can read more…

Whiplash backlash

16/02/2012 | comment

The Prime Minister David Cameron launched his latest attack on the ‘compensation culture’ pledging to slash the £1,200 fee for lawyers on small personal injury claims. [Pic by Sehb Hundal]. more…

Twitter joke trial: steamroller to crack nut

10/02/2012 | comment

Judges this week retired to mull over whether a Twitter message threatening to blow up a snowbound airport ‘sky high’ was a ‘a menace to society’. Illustration by Sehb Hundal. more…

America’s incarceration machine

08/02/2012

Michael Teague asks why UK penal policy is so influenced by the American experience. ‘Our Europe-leading imprisonment rate appears positively puny compared to the USA’s muscular embrace of mass incarceration. more…

Stronger rights for divorced dads

07/02/2012

Ministers have backed a ‘presumption of shared parenting’ between fathers and mothers following a relationship breakdown, flying in the face of the views of an independent review of family justice. more…

Myths and rape juries

03/02/2012

The demonization of young women was leading to a failure to secure more convictions of suspected rapists, according to Alison Saunders, the head of the Crown Prosecution Service in London. more…

An accident waiting to happen

02/02/2012 | comment

Reforms of ‘no win, no fee’ will play into the hands of big business and media groups,  campaigners told peers as they debated the legal aid Bill in the House more…

Prisoners to be banned from claims

30/01/2012 | comment

Criminals are to be banned from making claims for injuries from a special fund set up to help victims of crime, according to the Guardian. Ken Clarke, the  justice secretary, more…

Ripped off, cheated… want to be on TV?

27/01/2012

Fulcrum TV is looking for willing volunteers to take part in a new BBC ONE series that aims to show consumers that they have rights and can get justice for more…

Cardiff 3: ‘Shredded’ evidence reappears

27/01/2012 | comment

Missing documents that led to the dramatic collapse of a multi-million pound police corruption trial in the Lynette White case last month have resurfaced despite claims they were shredded. You more…

Calls to scrap CCRC

26/01/2012 | 1 Comment »

The Innocence Network UK, an umbrella group for the university-based Innocence Projects set up by law students to investigate miscarriage cases, has  called for an overhaul of the CCRC and more…

PM: human rights court ‘swamped’

26/01/2012 | 1 Comment »

David Cameron yesterday called for reform of the European Court of Human Rights to prevent it turning into ‘a small claims court’ that was  ‘swamped’ by ‘spurious’ cases. The Prime more…

FSS closure: Forensic science on trial

26/01/2012 | 2 Comments »

Concerns are mounting over the closure of the Forensic Science Service scheduled for March 2012. In a letter to the justice secretary Ken Clarke, the Law Society predicted ‘a contraction more…

The Justice Gap… coming to a library near you

26/01/2012 | comment

Up to four million library users will be able to access free legal advice via webcams. Birmingham and Westminster city councils are teaming up with Instant Law, which recently launched more…

Concession on right to lawyer

25/01/2012 | comment

The fundamental right to free legal advice for people held in police stations will not be cut as part of the package of legal reforms which threatened to remove £350m more…

DIY Law: new advice

19/01/2012

New advice published aimed at people going through the courts without legal advice. The Royal Courts of Justice Advice Bureau, together with AdviceNow, this week publishes a series of advice more…

Joint enterprise: confusing juries and courts

19/01/2012 | 3 Comments »

The law on joint enterprise was ‘so confusing for juries and courts alike’ that legislation was necessary to ensure justice for both victims and defendants and end the high number more…

Gilfoyle: I want my life back

13/01/2012 | 1 Comment »

‘This was a deliberate act by Merseyside Police to frame me.’ So said Eddie Gilfoyle on BBC Radio 4′s Broadcasting House at the weekend. He was convicted in 1992 of more…

‘Whiplash’ clampdown

12/01/2012 | comment

The increase in claims for whiplash is the main reason for the growth of motor insurance premiums, according to a report releasd today by the House of Commons Transport Committee. more…

A long and bitter struggle

12/01/2012 | 1 Comment »

INTERVIEW: Michael Mansfield QC on Stephen Lawrence. Michael Mansfield’s CV serves as a reasonably exhaustive list of left wing causes célèbres spanning  three decades: miners’ strike, Birmingham Six, Jean Charles more…

PM vows to slay mythical monster

10/01/2012 | comment

The government is determined to kill off the ‘health and safety monster’ by limiting the fees lawyers can earn from personal injury claims. The Daily Telegraph reported that David Cameron more…

Eddie Gilfoyle: new evidence after 16 years

06/01/2012 | comment

Explosive new evidence has been uncovered by The Times in the case of Eddie Gilfoyle, jailed for murdering his pregnant wife Paula. He was jailed for life in 1993 for more…

Legal aid cuts ‘no economic rationale’

06/01/2012

The government’s proposed £350 million legal aid cuts will be a false economy, according to an report by the King’s College London. The report, Unintended Consequences: the cost of the more…

Legal right for divorced parents

06/01/2012

Courts will be put under a legal duty to ensure that both fathers and mothers are given access to children in divorce settlements, according to a report in the Daily more…

Stephen Lawrence: justice after 18 years

04/01/2012

David Norris and Gary Dobson (left and right) have been ordered to serve minimum sentences of 15 and 14 years respectively for the ‘terrible and evil’ murder of the black teenager more…

Implants update

04/01/2012 | comment

Women were told to expect ‘definitive advice’ on faulty breast implants by the end of the week by Andrew Lansley, the health secretary. Lansley told  BBC Radio 4′s Today programme more…

Know your rights this Christmas….

22/12/2011 | Comments Off

FEELING FESTIVE? Season’s greetings from www.thejusticegap.com here. Check out Jules Carey’s blog and also read Citizen’s Advice’s Richard Dunstan’s blog.  Illustration: Sehb Hundal  

What price justice? The story of the Cardiff 3

16/12/2011 | Comments Off

What Price Justice?  Convicting three men of murder in 1990… about £10m. Bringing the officers who caused three innocent men to be convicted of that murder to trial in 2011… more…

You do not have to say anything but…

15/12/2011

ADVICE GUIDE: ‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. more…

Joint enterprise: caught in cross-fire

15/12/2011 | Comments Off

A teenager who exchanged fire in a gunfight leading to the death of a passer-by died has been found guilty of murder despite not firing the fatal shot. The Supreme more…

Whistleblowing, gagging clauses and the NHS

14/12/2011

Whistle blowers in the NHS should be ‘championed’ and not served with gagging clauses, argued the doctor who blew the whistle on the inadequacies of the department in which Baby more…

Neuroscience and the age of criminal responsibility

14/12/2011

Advances in neuroscience indicate the age of criminal responsibility – 10 years in England and Wales – might be too low, according to a study. The Royal Society report (Neuroscience more…

11 years: length of the average marriage

09/12/2011

After six years of decline in the divorce figures, they are back on the rise again. The Office for National Statistics announced yesterday that divorces rose by almost 5% in more…

Need a lawyer? Can’t afford one? Read on…

09/12/2011

Instant Law, a new law firm based in Oxford, is inviting members of the public to take part in the trial of a new service to be launched in 2012. more…

Still no justice for Cardiff Three

08/12/2011

The biggest trial of police officers in British legal history collapsed after a judge ruled that they could not receive a fair hearing. Eight former police officers and two civilians more…

Reform ‘fiendishly difficult’ murder law

08/12/2011

The most senior judge in England and Wales this week made the case for reform of ‘fiendishly difficult’ murder law. The Lord Chief Justice, Lord Judge MPs urged to be more…

Your rights in the police station

02/12/2011

ADVICE GUIDE: Have you ever been invited along to the police station for a chat? Would you think twice if you were? Kim Evans on the police interview, and how more…

Legal aid reforms on hold for 6 months

02/12/2011

Ministers have delayed the implementation of its controversial legal aid reform programme under the Legal Aid, Sentencing and Punishment of Offenders Bill by six months. The plans would remove a more…

Back to the war zone

01/12/2011

Pressure is mounting on the government to reconsider plans to start returning child asylum seekers to Afghanistan. The current situation is that unaccompanied asylum-seeking children from the war zone are more…

A charter for rogue employers?

25/11/2011

Vince Cable yesterday announced ‘the most radical reform to the employment law system for decades’ – as part of the Government’s plan for ‘cutting unnecessary demands on business while safeguarding more…

U-turn on role of chief coroner

24/11/2011

The justice secretary Ken Clarke has announced a last minute change of heart and decided to back the creation of the new office of chief coroner. It was the second more…

‘Immoral and crazy’: legal aid bill hits the Lords

24/11/2011

Only three things are wrong with the legal aid Bill’s approach to social welfare law: it is immoral, unconstitutional and crazy. ‘First of all it is immoral to pick on more…

No quick fix for not-for-profits

22/11/2011

Ministers have announced almost £17 million fund for the legal not-for-profit advice sector, as the controversial legal aid bill which looks to decimate the sector enters the House of Lords. more…

A botch job: the dangers of DIY Law

18/11/2011

‘Making the best of a bad job.’ That was the downbeat assessment of the independent judicial body, the Civil Justice Council on its own recommendations to secure access to justice more…

IPCC: situation vacant

18/11/2011

David Lammy, the Labour MP for Tottenham has renewed calls for the officer who shot Mark Duggan to be suspended. Speaking in a House of Commons’ debate yesterday, Lammy said more…

Solicitors From Hell site closed down

17/11/2011

The High Court has ordered the man behind the SolicitorsFromHell.co.uk which claimed to ‘name and shame’ allegedly poor lawyers to shut his site  down.  The court ordered Rick Kordowski to more…

Legal aid cuts fuel employment claims

15/11/2011

Scrapping legal aid for employment will have ‘the perverse effect’ of increasing tribunal cases, according to a new report by Citizens Advice out today. You can read the full report more…

DIY law: ‘rule rather than exception’

15/11/2011

A new paper by the independent judicial body the Civil Justice Council on unrepresented litigants has predicted that the number of those unfortunate enough to come before the courts without more…

Not quite like The Bill

14/11/2011

ADVICE GUIDE: Kim Evans on what you need to know if you are arrested – read it here. Around one and a half million people are arrested every year in more…

How the victim of a tabloid stitch-up took on the might of the Mail

11/11/2011

In 2003 Juliet Shaw received a request from a freelance journalist writing for the Daily Mail to take part in a feature about the benefits of moving from city to more…

Justice Gap joins Guardian Legal Network

11/11/2011

We are very pleased to announce that www.thejusticegap.com is part of the Guardian Legal Network. The Guardian Legal Network (in its words) ‘brings together the best blogs and sites that more…

Landmark ruling for unmarried couples

10/11/2011

The Supreme Court yesterday ruled that a man from who split up from his partner nearly two decades ago is not entitled to half the value of the house they more…

Pro bono: Is it good enough?

10/11/2011

This week is National Pro Bono week – where lawyers put their customary reserve to one side to talk about the good works they do for nothing. According to LawWorks more…

Lawyers and complaints

10/11/2011

INTERVIEW WITH THE LEGAL OMBUDSMAN: Law firms and individual lawyers will be named and shamed where there is a pattern of complaints or when it is in the public interest more…

Ombudsman to ‘name and shame’ lawyers

08/11/2011

The Office for Legal Complaints, which oversees the Legal Ombudsman, has decided to ‘name and shame’ lawyers in specific circumstances. From next year, for the first time specific information about more…

Time to get a Will

08/11/2011

If you haven’t got a will, then you probably ought to – see the Justice Gap advice guide. November is Will Aid week where some lawyers forgo their fees donating more…

Mediation can’t fill family justice gap

03/11/2011

According to a survey by Citizens Advice and the family lawyers’ group Resolution, of almost 1,000 cases involving family break up over half (54%) needed to be referred to a more…

Family Review: more work needed to avoid care proceedings

03/11/2011

Family rights campaigners have expressed ‘serious concerns that not more was being proposed to avert care proceedings’, in their response to the Family Justice Review’s final report out today. Cathy more…

Government axes mediation support

03/11/2011

The government has pulled the plug on its national mediation helpline whilst pledging to move out-of-court initiatives ‘centre stage’. The helpline was axed as a result of a continuing decline in more…

Dale Farm update: a legal observer writes

02/11/2011

On Saturday 29th October I returned to Dale Farm as one of a small team of legal observers, writes legal observer Susannah Mengesha. There’s an ever-growing list of required safety more…

A pretty poor defence

02/11/2011

ANALYSIS: High profile miscarriage cases attract publicity because of corrupt police or dishonest or incompetent experts, writes Maslen Merchant; however, compare those relatively few cases with the number of cases more…

Legal aid bill risks ‘perfect storm’ for disabled

31/10/2011

Ahead of MPs debating the Legal Aid, Sentencing and Punishment of Offenders Bill this afternoon a group of 24 national charities including Mind, Scope, the RNIB, Mencap, and Leonard Cheshire more…

What’s going on at Dale Farm

28/10/2011

Report from Dale Farm: Susannah Mengesha, a volunteer legal observer for the Dale Farm Solidarity campaign, reports on what’s going on to the residents and their supporters at the controversial travellers’ site, why it isn’t being reported by the press and why it’s important for legal observers to shine a light on what’s really happening.

Battle of the legal brands

27/10/2011

Eagle-eyed shoppers on the high streets of England and Wales might have detected the first signs of a ‘revolution’ in legal services: the appearance of the first national chain of law firms.
Quality Act: The X-factor’s Stacey Solomon opens a new branch of Quality Solicitors (below).

Prisoners to pay victims

24/10/2011

Up to £1 million a year will be taken from prisoners’ wages to support victims of crime, ministers have said. The Justice Secretary Kenneth Clarke, as part of his rehabilitation more…

BLOG: Facebook rioters’ sentence

21/10/2011

KIM EVANS AND FRANCIS FITZGIBBON QC: On Wednesday, the appeals of Blackshaw and Sutcliffe, the so called ‘Facebook Rioters’ were dismissed in The High Court, and their prison sentences upheld. more…

UK courts not bound by Strasbourg

20/10/2011

Lord Judge, the Lord Chief Justice and most senior judge in England and Wales, has said that courts need only ‘take account’ of the decisions of the European Court of more…

Wny investigative journalism matters

20/10/2011

COMMENT: Eamonn O’Neill, lecturer in journalism at University of Strathclyde and award winning  investigative journalist on why the CCRC needs to be overhauled and why the media has played its more…

Tony Stock: 41 years, four appeals later…

20/10/2011

‘A SELF EVIDENT INJUSTICE’. Ralph Barrington, former head of Essex CID and up until March this year investigations adviser to the Criminal Cases Review Commission, goes through the controversial evidence more…

No happy ending

20/10/2011

Emma Friedman, mother of 13 year old Andy, on the failed Epilim litigation against Sanofi-Aventis. Emma took the drug when pregnant to prevent epileptic fits. She was one of 100 more…

Taking on big pharma

20/10/2011

The forgotten thalidomide: Karl Murphy’s long fight for justice against the drug company that he believes damaged him in the womb.

Minister’s ambulance chasing links revealed

19/10/2011

The justice minister, Jonathan Djanogly, has been stripped of his responsibility to regulate claims management companies after a Guardian investigation that revealed how his family could profit from the legal more…

Judges uphold riot sentences

19/10/2011

Harsh sentences handed out to anyone involved in this summer’s riots were upheld by the Court of Appeal yesterday. Rejecting all but three of 10 appeals considered, they stressed that more…

Ex-hubbie wins his share of lottery pay-out

19/10/2011

A hotel porter won a share of his ex-wife’s £500,000 National Lottery payout in what is reckoned to be the first divorce case involving the distribution of a lottery windfall. more…

Unfair dismissal change unlikely to help small businesses

18/10/2011

Government plans to double the qualification period for the right to claim unfair dismissal from one to two years as part of a move to ‘increase business confidence to take more…

21 years age bar for foreign spouses ‘unlawful’

17/10/2011

The Supreme Court ruled that immigration rules introduced in 2008 to bar foreign spouses from entering the UK if either spouse is under 21 was a disproportionate interference with the more…

Political interference and legal aid

17/10/2011

For much of the Legal Services Commission’s 12-year life, legal aid lawyers have fired vitriol – some of it fair, much of it not – at the Commission and its more…

Teens, sex and the law

17/10/2011

KIM EVANS: The relatively innocent fumblings of teenagers can ruin young lives. Last year I represented a 17-year old male who had been arrested for rape, quite possibly the worst more…

COMMENT: SENSIBLE, HUMANE AND AT ODDS WITH OUR REALITY

13/10/2011

IAN ROBERTSON: We  look at the Family Drugs and Alcohol Court in London and Drug with envy. It seems so sensible and humane and so at odds with the reality more…

Adoption reform urged: act faster

13/10/2011

It was revealed that the number of babies adopted in England fell to just 60 last year  - compared to 3,660 under one year olds in care – according to more…

COMMENT: ON THERESA AND KEN’S CATFIGHT

13/10/2011

MATT EVANS: Theresa May, full time home secretary and part-time shoe fetishist, cited various ‘and I am not making this up’ examples including the now notorious Maya, a cat (which more…

Uncertain future for pioneering court

13/10/2011

‘David Cameron talked about the 120,000 most dysfunctional families in the country in the wake of the riots. Well, we are tackling some of them and with some success,’ says more…

COMMENT: The fourth right of citizenship

10/10/2011

JAMES SANDBACH: No-one expects that Government can replicate a universal NHS style service when it comes to dealing with people’s financial and legal problems. But its retreat from funding civil more…

Introducing the Justice Gap advice guide

10/10/2011

KIM EVANS: As I help my teenage children to tiptoe through the hormonal minefield that is their teenage years, I wonder if they’re lucky or not in their mother’s choice more…

Forced marriage ‘little more than slavery’, says PM

10/10/2011

David Cameron is to make forced marriage a crime. In a speech expected to be delivered later today, the Prime Minister is expected to say that the Government wants to more…

Welcome to the justice gap

05/10/2011

Today marks a seismic shift in the law world. The introduction of non-law businesses – they’re called ABSs or alternative business structures – on October 6th under the Legal Services more…

COMMENT: no going back

04/10/2011

MICHAEL MANSFIELD: ‘The Criminal Cases Review Commission needs to be supported and expanded. Let’s not go back to the iniquities of pre-history. There is a strong reactionary lobby which should more…

‘Access to justice’: what the @%!? does that mean?

04/10/2011

‘I genuinely believe “access to justice” is the hallmark of a civilised society.’ It was with those inspiring words that justice secretary Ken Clarke introduced his government’s legal aid reforms more…

New campaign to right ‘monstrous’ wrong

04/10/2011

A leading academic has lent his weight to a new campaign for proper compensation for the victims of miscarriages of justice. Professor John Spencer QC, of Cambridge University, has damned more…

Justice minister fails to declare ‘ambulance chasing’ interests

04/10/2011

Jonathan Djanogly was forced to admit this week that his two children had owned shares in a claims management firm despite his department’s responsibility for regulating the notoriously controversial industry. more…

‘Collective amnesia’ strikes again

03/10/2011

The Government is planning to remove the ‘fundamental’ right to free legal advice for people held in police. Under the Legal Aid, Sentencing and Punishment of Offenders Bill, clause 12, more…

The strange case of Tony Stock

03/10/2011

The year that Tony Stock was convicted for his part in a brutal robbery of a Tesco store in the Merrion Centre at Leeds, Edward Heath became British Prime Minister more…

Charter for bad bosses

02/10/2011

Workers will have to pay over £1,000 to bring unfair dismissal claims, the government announced. The chancellor, George Osborne is proposing that applicants will have to cover the costs of more…

Return of the so-called compo culture….

02/10/2011

A consortium of retailers and businesses led by the Association of British Insurers has called for an end to the ‘have a go’ compensation culture The group, which included Argos, more…

Campaigners welcome strengthening ‘death in custody’ laws

02/10/2011

The ‘death in custody’ provisions in the Corporate Manslaughter and Corporate Homicide Act 2007 came into force this month (1st September 2011). The campaigning group INQUEST welcomed the move arguing more…

Taking the rap on penalty points

02/10/2011

A motor insurer has claimed that some 300,000 drivers might have accepted penalty points on behalf of someone else in the last ten years. The research from LV= estimated about more…

Unequal before the law? The future of legal aid

02/10/2011

Cutting legal aid is ‘a false economy’, according to the report of  a panel of three non lawyer experts . Unequal before the law? the future of legal aid sets more…

Who are you calling feral?

02/10/2011

Ken Clarke blamed the riots that swept across the UK on a penal system that failed to deal with the reoffending of ‘a feral underclass’. The Justice Secretary revealed that more…

Riot sentences: ‘recipe for chaos’

02/10/2011

Appeal judges attacked the approach to the sentencing of rioters taken by Judge Andrew Gilbart, the Recorder of Manchester. Following the August riots, Gilbart at Manchester Crown Court said the more…

Human Rights Act is here to stay, says Clegg. Not so fast, says May

02/10/2011

The deputy prime minister Nick Clegg, writing in the Guardian, paid tribute to the UK’s ‘proud history of international leadership on human rights’. ‘Yet something strange has happened in recent more…

Loyalty points are divorce ‘deal breaker’

02/10/2011

Divorces in England and Wales are apparently being held up by couples sniping over supermarket penalty points and air miles as the recession bites, according to Manchester-based law firm Pannones. more…

Where there’s a will….

02/10/2011

A mystery shopper exercise by the Legal Services Consumer Panel failed one in four wills. Currently, there are no restrictions on who can draft wills and there are increasing numbers more…

‘Big squeeze’ hits voluntary sector

02/10/2011

Over half of voluntary and community organisations have had to shut services over the last year and a similar number expected further closures over the next year

BLOG: A life in custody

02/10/2011

KIM EVANS: ‘I’d guesstimate that 90% of my clients have a personality disorder, mental health issues, and, or, serious substance addiction be it drugs or alcohol.’ Kim Evans has spent more…

I love you (sign here)

01/10/2011

Who said romance was dead? A legal expenses insurer has launched what it rather delicately refers to as ‘nuptial insurance products’. ‘As the first of their kind to hit the more…

Dowlers back ‘no win, no fee’

30/09/2011

The family of Milly Dowler, the murdered schoolgirl, has attacked the government’s controversial plans to overhaul ‘no win, no fee’ deals. In a letter to the Prime Minister, Sally, Bob more…