Falconer ‘should have stood up to Reid sooner’

Lord Falconer should have stepped in sooner when the home secretary criticised a judge last year. That is according to a report from the House of Lords Constitution Committee this morning, which said the former lord chancellor was too slow in defending a judge’s decision in 2006. The incident in question centred on Craig Sweeney, […]
Attorney general role ‘unsustainable’

The role of the government’s chief legal advisor is “contradictory” and must be reformed, according to a select committee of MPs. The role of attorney general has three traditional aspects – overseeing prosecutions, giving the government legal advice and sitting in government as a minister. Former attorney general Lord Goldsmith, who left office with Tony […]
‘Constitutional problem’ surrounds new ministry

The government has failed to sufficiently assure senior judges that judicial independence will be guaranteed under the Ministry of Justice. Eight weeks of talks between judges and ministers have broken down after judges revealed they had not been informed of plans to split the Home Office and were concerned about the implications. Lord chief justice […]
Anti-terror laws rejected on human rights grounds

Diplomatic assurances between the government and Libya to guarantee the human rights of deportees have been discredited by senior judges. The Special Immigration Appeals Commission (SIAC) has ruled two Libyan terror suspects, known only as DD and AS, cannot be deported to Libya. It found that although they pose a national security risk to the […]
Lords defend right to trial by jury

The House of Lords last night rejected plans to remove trial by jury from complex fraud cases. Peers voted 216 to 143 to delay a vote on the fraud (trials with a jury) bill for six months, effectively killing it for this parliamentary session. However, the attorney general Lord Goldsmith warned the government would use […]
Harman welcomes bereaved into court

A pilot scheme that allows bereaved people to appear in court for the first time allows victims’ families an opportunity to speak in murder cases, the constitutional affairs minister Harriet Harman said today. Last April the government launched the victim’s advocate scheme, which allows relatives to make a statement to the judge after a conviction, […]
Cost-cutting ‘threatens justice system’

The shift towards more summary justice is driven by financial concerns and will not improve public confidence in the criminal justice system, magistrates have warned. In a letter to the prime minister, the Magistrates Association says that although JPs want to dispense speedy justice, the extended use on-the-spot fines on the grounds of cost-effectiveness “cannot […]
Legal aid reforms condemned

Opposition parties have condemned the government’s plans to shake up the legal aid system, warning they threaten to cut off services to the most vulnerable. The Conservatives said they were “deeply disappointed” with today’s proposals, which follow a three-month consultation, saying they risked putting hundreds of high-street solicitors out of business. And the Liberal Democrats […]
Ministers moot televised court cases

The government is expected to publish plans to allow the televising and broadcasting of court cases by the end of the year. According to The Times, cameras would be allowed in criminal, civil and appeal court cases, but witnesses, jurors and defendants could ask to remain anonymous. The Department for Constitutional Affairs (DCA) refused to […]
Goldsmith: QC to advise on cash for peerages

Lord Goldsmith has said he will appoint an independent QC to advise whether or not to bring a prosecution in the cash for peerages row – if it goes that far. But the Labour minister said he could not remove himself from the decision entirely. The life peer’s position as attorney general means he should […]