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Archive for July, 2012

I could not resist this picture from my old mate Charles Christian (@ChristianUncut and Editor of The Orange Rag)  – who keeps an eye on legal technology and this type of world class  marvellous behaviour…

However… all may not be as it seems.  HT to@Anttix for alerting me to this report from Snopes.com

Back tonight with a podcast on criminal law, the criminal justice system and the role of criminal lawyers.  We will also consider the PC Harwood acquittal.  Amanda Bancroft and Francis Fitzgibbon QC will be the guests, as will Carl Gardner if he is not tied up with work.

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Welcome to Without Prejudice with David Allen Green on Contempt of Court. 

“Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court’s authority.” (Wikipedia)  The powers of the judge are significant, as we saw last week when a trial judge used the contempt proceedings to prevent the showing of a BBC drama on the riots of last summer  during the final days of a sensitive ongoing trial on the Birmingham riots.

The powers are designed to uphold the rule of law and preserve the right to a fair trial.

We look at the powers at common law and in the Contempt of Court Act 1981 and illustrate the application of the rules with three important recent cases:  Chris Jeffries, Levi Bellfield and the Milly Dowler murder case and the Birmingham Riots case

Listen to the podcast

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Useful references

CPS guidance on contempt under act and common law http://www.cps.gov.uk/legal/a_to_c/contempt_of_court/ – this is good overview
Chris Jefferies
Levi Bellfield/Milly Dowler
The Birmingham riots injunction

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Dear Reader,

I’m not allowed – none of us are – to use the Olympic Rings lest we  demean the value to the corporates who have paid to peddle and promote their not always  healthy products Olympics to our country. There is a delicious irony with  Coke and McDonalds sponsoring ‘the greatest spectacle on earth’.

Fortunately, The London Olympic Games and Paralympic Games Act 2006 et al cannot, I hope, stop me from tastefully laying out my breakfast of fried eggs and baked beans in the shape of the Olympic rings.  A rasher of bacon, artfully laid out below the ‘rings’,  can serve to symbolise The River Thames innit!  – geddit?!!

I am not that interested in athletics or, for that matter, any of the sports in the Olympic games (but hope that those who are into the great art of couch potatoing enjoy the games – my caveat to offer protection:  I would not want Boris The Buffoon popping out of my fridge to berate me for slagging orf t’games).

In a vain effort to get into the spirit of the games, I spent a happy half hour making my own Olympic Torch with newspaper and coloured wrapping paper.  Unfortunately, the end result looked like a GIANT SPLIFF and I came to the view that if I yomped to the caff for my black coffee and newspapers this morning,  carrying my giant spliff – this would likely attract the attention of overzealous bun eating PCSOs or ‘Community’ wardens charged by LOCOG with the important task of protecting the corporate sponsors and their tawdry rights and, in some cases, their tawdry products..

Fortunately, the British do not take kindly to ‘Jobsworths’ or officious behaviour.  There have been a number of excellent stories in the press about over excited ‘community wardens’ and their high handed enforcement.

I particularly enjoyed Stuart Lee’s piece in the Observer this morning – an excellent read and well worth your time: How I was busted by the O—— Advertisement Enforcement Office“It was only an innocent double entendre about rings of fire. But even multi-award-winning comics can fall foul of Olympic censors”

The G4S / private sector security  fiasco rolls on and The Mail on Sunday reports: Minister’s daughter exposes Olympic safety scandal: Stewards made to fake NVQ qualifications and ‘trained’ in one hour at nightclub

Good to see that Adam Wagner of the UK Human Rights blog has apologised for the post on the outlawing of Dawkins in Mississippi.

Adam tweeted:

Outlawing Dawkins hoax wp.me/pJiO3-3PH 9 hours ago

All, apologies for the Richard Dawkins outlawed post – clearly a hoax. I have been offline today otherwise would have responded sooner.

I read the Rosalind English post  analysing the Mississippi anti-Dworkin legislation  on the UK Human Rights blog with mounting amusement.  I simply assumed that Rosalind  was being ‘straight faced’ and continuing with the hoax at first – but then remembered that the UK Human Rights blog is a serious blog and doesn’t do parody.  Laughing in Purgatory – the website which covered the original story, may have been a clue?  Anyway… good on ’em for having the grace to admit they were hoaxed. It was a very believable piece from Laughing in Purgatory and beautifully constructed.

Laughing in Purgatory reported: Mississippi Passes Anti-Richard Dawkins Legislation – a most amusing and very believable report.

RollonFriday has a great film of Dutch advocaats (?)

RollonFriday reports: “Just what are law firm marketing types smoking in the Netherlands? Just a week after RollOnFriday brought an astonishing recruitment video from top Amsterdam lawyers Deterink to a wider audience, another Dutch firm’s viral marketing video has been revealed.

Picture the scene: a bland courtroom in the Netherlands. Enter a host of grim-faced men and women in flowing black robes and white neckerchiefs. Why, it’s the lawyers of Wessel Tideman and Sassen. They line up, as if to pitch to a potential client. Will this be the usual litany of tedious statistics, deals done and so on? Absolutely not…”

Watch the film

Back later with a sensible Without Prejudice podcast  on ‘Contempt of Court’ with David Allen Green.

Have a good one.. the sun has arrived.  Phew wot a scorcha klaxons are available on sale – with no olympic ring marketing – from all good Poundlands

best, as always

Charon

Postscript:  I am not prone to texting or otherwise troubling god – but this excellent article about the Bishop of Durham is a superb read.  (My thanks to barrister  James Vine of The Bung Blog – for alerting me to it.)

The Saturday interview: Justin Welby, Bishop of Durham
Bishop Welby of Durham – former oil executive, Libor scandal inquiry member and possible next archbishop of Canterbury – discusses corporate sin and the common good

AND..finally… I’m with Andrew Rawnsley on ‘The Olynkinks’…

This five-ring circus is only for those in love with white elephants

“I wish the best for our competitors, but it is a delusion that the Olympics will make us fitter, wealthier or happier”

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Podcast 214: Andrew Keogh, The White Rabbit blogger,  author and  barrister

Today I am talking to Andrew Keogh, a barrister in practice, author of Twenty Twelve and author of the White Rabbit Blog

We talk of many things – including, Andrew’s writing, e-publishing v traditional publishing, law blogging and social ‘meedja’, Libertarianism (whatever that is) and the state of the nation generally with reference, en passant, to the legal profession.  In keeping with the fine tradition of The White Rabbit blog  – we manage to avoid talking about law altogether!

Listen to the podcast with Andrew Keogh

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The criminal justice system in England &  Wales is under siege.
Many have written about this – so I do not need to repeat the litany of examples in this podcast review post.

John Cooper QC has produced a manifesto for the Criminal Bar Association Vice-Chairman’s position and talks to NorthpodLaw in an excellent podcast which I can thoroughly recommend.

NorthPodLaw describe the contents:
The subjects up for discussion include the BPTC aptitude test and the conflicting interests between the providers pockets and the quality of the candidates; potential strike action; how to get the CBA out of London and engaging with wider Bar; and why the Bar and Solicitors need to be a unified fighting force but not a unified profession.

Listen to the podcast

By the way – To vote, you must be a CBA member and you will need to visit www.criminalbar.com with your membership number to hand.

I see that John Cooper QC, who I have had the pleasure of meeting and podcasting with, has taken up blogging with the wonderfully titled “Shadow of The Noose” blog – and you can read his manifesto for the Vice Chair position at the CBA there

Continuing with podcasts…

Legal Cheek has interviewed Emily Allbon of City University’s excellent Lawbore blog.
Well worth a listen: The Future of Legal Blogging

AND… I have managed to do a couple of podcasts myself in the last week…

Lawcast 213: Carl Gardner on the appointment of Lord Neuberger as president of the UKSC and House of Lords reform

Lawcast 212: Peter Crisp, Dean and CEO of BPP Law School

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I have decided that Mondays are rather tedious – lacking in interest, burdened by the woes of those who suffer from ‘Monday Morning Blues’ and oppressed by the twitter wildebeest stampeding inanely from one outrage to another.

So… in the spirit of The Olynkink games (We are no longer allowed to use the real word – the trademark police have been deployed to oppress us further)… I give you this memorable letter from ‘Our Man’ in overseas territories…. to cheer you up.

By the way – for all those who are critical of the Naysayers..like wot I am about the Olynkinks games… we paid for the games… even those of us who could not care less if a man runs 100 yards in under ten seconds… so, I defend to the death the rights of all to enjoy the games.. or, likely to be far more amusing… and enjoy the fallout to the coalition government of Ms May and her supervision of the G4S fiasco.

Anyway… on to the way our Foreign & Commonwealth Office used to do things…

Lord Pembroke
The Foreign Office
London

6th April 1943

My Dear Reggie,

In these dark days man tends to look for little shafts of light that spill from Heaven. My days are probably darker than yours, and I need, my God I do, all the light I can get. But I am a decent fellow, and I do not want to be mean and selfish about what little brightness is shed upon me from time to time. So I propose to share with a tiny flash that has illuminated my sombre life and tell you that God has given me a new Turkish colleague whose card tells me that he is called Mustapha Kunt.

We all feel like that, Reggie, now and then, especially when spring is upon us, but few of us would dare to put it on our cards. It takes a Turk to do that.

Sir Archibald Clerk Kerr,
H.M. Ambassador.

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If you’ve heard this story before, don’t stop me, because I’d like to hear it again.
Groucho Marx

Dear Reader,

The Guardian reports on the latest ‘thinking’ from our political masters over at the Ministry of Cheap Justice: ” “Flash incarceration” of offenders who breach court orders, widespread naming online of those convicted, more witnesses giving evidence via videolink and Sunday court sittings are among measures outlined in government plans to speed up justice.”

The crux of the article is that criminal justice minister Nick Herbert MP believes that the present criminal justice system is slow and “opaque, with lengthy, complex procedures which make little sense to the public”… More important to Herbert..” “At over £20bn a year, it is one of the most expensive criminal justice systems in the world.”

Politicians, especially those of a Beserker persuasion partial to a bit of shield munching on the back benches, were delighted with the swift justice which followed the riots of last summer. Orgasmic at the prospect of judges dishing out exemplary sentences in ‘exceptional circumstances’ – the government is planning to ensure that terrorists and other sundry criminals, let into the country by untrained Border Agency officers, or waved through the barriers at The Olympic park by ‘highly untrained’ G4S security people, are dealt with quickly and, hopefully, ‘severely’.

Plans to have ‘single magistrates’ hanging about in village halls to dispense ‘flash incarceration’ worry me.  In fact, as it is Sunday, and a sunny day, I shall say that people like Nick Herbert, hanging about at The Ministry of Justice, worry me…. and on that note… I shall move on to other less serious legal and other matters…

The Law Society Gazette reports: Bar-solicitor divisions ‘music to government’s ears’

Jim Sturman QC warned: ‘By playing the two sides of the profession off against each other… each time the bar scores a point off solicitors, or solicitors off the bar, we cut our own throats as well as each others.’ Divisions between the bar and solicitors are ‘music to the ears of central government’, he said.

Legal Cheek notes that: A DISGRACED former solicitor and his ex-girlfriend caught with large amounts of amphetamines while planning to launch an escort agency will be sentenced next month.

Private Eye, still at the forefront of good journalism, reports: DON’T MENSHN THE ICO…“POOR Louise Mensch. After calling on social networks to identify internet bullies after she was stalked online, the chick lit author turned Tory MP was a touch embarrassed when it was revealed that security flaws on her own newly launched social network meant that it was identifying… everybody”

Worth reading – it would appear that Louise Mensch MP, a lawmaker, is not that clued up about the law applicable to websites and her new social meedja flop.

A quick selection of nonsense from the Tabloids…

The Sun: English football on the brink of civil war after Terry race trial

The Mail on Sunday: No 11 prepares ‘for life after Osborne’: Hague is tipped for job as UK is given 50% chance of losing gold-plated AAA rating

The Mail on Sunday: Judge who let Taliban soldier remain in Britain now allows refugee who raped girl, 12, stay in UK

And I do like this Sunday Mirror headline writer’s take on The Olympics…

It’s pathletic: Police and army seethe as G4S admits Olympic Games shambles

That’s probably enough nonsense for today… back next week with with more podcasts and Law Review Weekly et al.

Enjoy the sun….and the fact, according to the Met Office, St Swithin has never been right since weather records have been kept…

Best, as always

Charon

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