#WithoutPrejudice 11: Riots and The Law – Human Rights Act update – #Hackedoff campaign update
Analysis of the law relating to the riots, a review of a number of important human rights cases and the further developments on the #Hackedoff campaign. David Allen Green and Carl Gardner is at the table as always and we are joined by former Lib-Dem MP Dr Evan Harris, David Wales, a lawyer in private practice – a criminal law specialist and blogger – and Adam Wagner, a practising barrister at 1 Crown Office Row and editor of the UK Human Rights blog.
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I’d like to thank Lawtel, Westlaw, Cassons For Counsel, City University Law School, David Phillips & Partners Solicitors, Inksters Solicitors, Iken, LBC Wise Counsel, Carrs Solicitors, JMW Solicitors – Manchester, Pannone and Cellmark for sponsoring the podcast – and the free student materials on Insite Law – appreciated.
[…] In this week’s bumper edition of Without Prejudice no fewer than three guests – former (and perhaps future) LibDem MP Dr Evan Harris, the lawyer, blogger and tweeter David Wales, and the editor of the UK Human Rights blog Adam Wagner – join Charon QC, David Allen Green and me to talk about: […]
[…] Podcast […]
Good discussion here. I agree that Magistrates should be kept to a 6 months sentencing power. However – (a) if a case is serious and would merit 9 months but there is also an early guilty plea, the magistrates could sentence the individual to 6 months – thus allowing a one-third discount for the guilty plea. (b) Magistrates may sentence for two separate either-way offences but they must be distinct so as to justify consecutive sentences. All of this makes the decision relating to venue for trial so important. Committal for sentence would only arise if, at the sentencing stage, it is clear that the offence merits more than the magistrates are empowered to give. Hope this makes sense!
Case management rules require pleas to be entered at the earliest stage. If, for good reason, the defence lawyer cannot advise properly on plea then this should be made very clear to the court and get the reasons recorded. It is necessary to protect the sentencing discount.
A great podcast as ever. Regards, ObiterJ.
I meant to add that the Legal Aid, Sentencing and Punishment of Offenders Bill is going to remove the Criminal Justice Act 2003 provision which would, if activated, hand magistrates greater powers. However, watch this space ??
[…] the riots – quoting the historian Conrad Russell: The riots and lawlessness. I hosted a Without Prejudice podcast on the subject last week with regular panelists Carl Gardner, David Allen Green and guests Dr Evan Harris, solicitor David […]
Just getting into this podcast, and it seems to have stopped. Miss u guys…