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Parents Rights Blog

See on Scoop.itPublic Law Children Act Cases

In October, the European Court of Human Rights in Strasbourg issued two rulings bolstering the rights of persons with psycho-social disabilities. Both cases were brought by Hungarian-Slovakian disability rights activist János Fiala-Butora LL.M. ’10, an S.J.D. candidate at Harvard Law School and an associate of the Harvard Law School Project on Disability, known as HPOD. (see a feature about the program).

In one of the cases, Bures v. Czech Republic (PDF), the plaintiff, who had been hospitalized after he inadvertently overdosed on medication prescribed by his psychiatrist, was strapped to a bed for several hours, resulting in long-term injuries to his arms and ending his career as a cello player. He brought criminal charges, but they were dismissed.
See on www.law.harvard.edu

 

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IN THE NORTHAMPTON HIGH COURT

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IN THE NORTHAMPTON HIGH COURT

85/87 Lady’s Lane, Northampton, Northamptonshire, NN1 3HQ

Litigants

THE PARTIES

1. CLAIMANT
(a) MS NGOZI GODWELL

2. DEFENDANTS
(a) NORTHAMPTONSHIRE LOCAL AUTHORITY
(b) NORTHAMPTONSHIRE POLICE FORCE, POLICE
(c) NORTHAMPTONSHIRE COUNTY COUNCIL
(d) NORTHAMPTON BOROUGH COUNCIL

Arms of Northamptonshire County Council

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Guildford Four and Maguire Seven – Wikipedia, the free encyclopedia

Parents Rights Blog

“Gerry Conlon dies: Guildford Four member who never gave up his fight for justice”

Sourced through Scoop.it from: en.m.wikipedia.org

After their arrest, all four defendants confessed to the bombing under intense amount of coercion by the police. These statements were later retracted, but nonetheless formed the basis of the case against them. They would later be alleged to be the result of coercion by the police, ranging from intimidation to torture—including threats against family members—as well as the effects of drug withdrawal. Conlon argues in his autobiography that a key factor in his purportedly coerced confession was the fact that strengthened anti-terrorism laws passed in the early 1970s allowed the police to hold suspects without charges for up to a week, rather than the previous limit of 48 hours, and that he might have been able to withstand the treatment he had received had the original time limit been in…

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Government not required to disclose full details of defence

The remedy sought is not confined to ordinary compensation, but extends to damages for breach of the Convention and to declaratory relief, which in the context of this case, and if the Claimant succeeded, would represent an important marking of unlawful behaviour: a matter in which there is a legitimate public interest.

UK Human Rights Blog

blind justiceCF v The Ministry of Defence and others [2014] EWHC 3171 (QB) – read judgment

Angus McCullough QC of 1 Crown Office Row acted as Special Advocate in this case. He has nothing to do with the writing of this post.

The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.

Factual and legal background

The claimant, Mohammed Ahmed Mohamed, had made a number of claims against various government departments, alleging complicity in unlawful and arbitrary detention and inhuman and degrading treatment and torture on the part of British authorities in Somaliland.  He also sought damages for trespass, breach of the Human Rights Act 1998, and misfeasance in public office. As Irwin J said,

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‘THE PITCHFORKS ARE COMING’

‘But the problem isn’t that we have inequality. Some inequality is intrinsic to any high-functioning capitalist economy. The problem is that inequality is at historically high levels and getting worse every day. Our country is rapidly becoming less a capitalist society and more a feudal society. Unless our policies change dramatically, the middle class will disappear, and we will be back to late 18th-century France. Before the revolution.

Ian Bone

I share this analysis from Politico magazine. We are becoming more a feudal society by the day – see SQUIRE BENYON. Super fancy analyses of post-capitalism by pointy heads are old hat – its FEUDAL out there. Wise up mugs and ready your pitchforks.

‘But the problem isn’t that we have inequality. Some inequality is intrinsic to any high-functioning capitalist economy. The problem is that inequality is at historically high levels and getting worse every day. Our country is rapidly becoming less a capitalist society and more a feudal society. Unless our policies change dramatically, the middle class will disappear, and we will be back to late 18th-century France. Before the revolution.

And so I have a message for my fellow filthy rich, for all of us who live in our gated bubble worlds: Wake up, people. It won’t last.

If we don’t do something to fix the glaring inequities…

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Amnesty calls for action on Ombudsman’s report on Roma children wrongly taken into care

Colm O’Gorman, Executive Director, Amnesty International Ireland said: “We welcome the Government’s mandating the Children’s Ombudsman to conduct this inquiry. Today’s public apology by the Taoiseach and Minister to the two families is also important and welcome. However, the substantive response to the report will be the real test of the Government’s resolve. We urge that the report’s recommendations are implemented fully and swiftly.

Parents Rights Blog

Amnesty International Ireland today welcomed the Government?s publication of the report of the independent Special Inquiry by the Ombudsman for Children into the removal of two Roma children from their families in October 2013 based on unfounded concerns regarding their identity.

Source: amnesty.ie

Colm O’Gorman, Executive Director, Amnesty International Ireland said: “We welcome the Government’s mandating the Children’s Ombudsman to conduct thisinquiry. Today’s public apology by the Taoiseach and Minister to the two families is also important and welcome. However, the substantive response to the report will be the real test of the Government’s resolve. We urge that the report’s recommendations are implemented fully and swiftly.

The Ombudsman’s report finds the individual Garda in one of these cases did not hold prejudicial attitudes toward Roma. Nevertheless, the actions were discriminatory. In the second case, the Garda’s actions were deemed by the Ombudsman to meet the definition of ‘ethnic profiling’.

“Steps…

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Appeals from the Magistrates’ Court

UK Criminal Law Blog

Appeal to the Crown Court 

As well as conducting trials, Crown Courts can hear appeals from the Magistrates Court. If there was a trial that resulted in a conviction, then this can be an appeal against the Conviction or Sentence. If there was a guilty plea, then generally there can be an appeal against sentence only.

When there is an appeal, it will be heard by any Crown Court Judge sitting with two magistrates. Uniquely in English Criminal Law, an appeal is by way of re-hearing.

This means that on an appeal against conviction, everything proceeds as it did in the magistrates court; the Prosecution call their evidence, then the Defence, then there are speeches and the Judge and magistrates decide.

In an appeal against sentence, the Prosecution read out the facts and the Defence can ‘mitigate’ – put forward reasons relating to the offence or the offender…

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Secondary liability (Joint Enterprise)

The Lost Lawyer Blog- Comments on law, life and learning

Some late night boredom has meant I have uncovered a few useful links in relation to Joint Enterprise on the internet.

Directing the jury- Parties to Crime: Participation (Simple joint Enterprise) (Chapter 5: The Prosecution and Principles of Criminal Liability). http://www.judiciary.gov.uk/Resources/JCO/Documents/Training/benchbook_criminal_2010.pdf

http://www.cps.gov.uk/legal/assets/uploads/files/Joint_Enterprise.pdf – Chargin guidelines CPS

http://www.publications.parliament.uk/pa/cm201012/cmselect/cmjust/1597/1597.pdf House of Commons Justice Committee.

http://www.cps.gov.uk/publications/performance/joint_enterprise/jed_executive_summary%20_2013.pdf gov statistics regarding murder & manslaughter.

I am always happy to hear from those who had been convicted under joint enterprise for murder/manslaughter or the relatives of those that have- Such information is invaluable in my research quest (so feel free to contact me via twitter)- one day my thesis will be complete, hopefully highlighting the injustice and inconsistencies in this area of law.

By the Sea,

Easter Sunday 2014.

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The New Family Court and justice reforms: ‘a Hotch Potch or a Cultural Revolution’?

LawBlacks Blog

Paul Lancaster Paul Lancaster

The Children and Families Act 2014 came into force yesterday which heralded the birth of the new Family Court as part of the family justice system reforms. The far-reaching reforms are intended to create a more efficient family justice system. The changes are designed to offer more support to parents and place children at the heart of the process.

The Single Family Court

In the 2011 independent Family Justice Review, criticism was levelled at the excessive delays which arose in the Court processes concerning family matters, such as delay caused by cases being transferred between the different Courts. Change was deemed to be essential and a new single Family Court was found as the solution.

All applications will now be made to the new Family Court as it will have sole jurisdiction for all family proceedings. The Family Court is a national Court and it will be able…

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BLAKELOCK WITNESSES PAID BY POLICE

Ian Bone

As well as being given immunity from prosecution witnesses against Nicky Jacobs were given money to testify by the police

Whittam said “during their time as witnesses they have been provided with some degree of financial assistance by police” for their “willingness to give evidence and co-operation”. He said payments were “subject to a strict authorisation procedure and are limited.”

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Judges, Magistrates And Tribunal Judges: Members Of The Judiciary

Parents Rights Blog

Judges, Magistrates And Tribunal Judges: Members Of The Judiciary

The Bench covers seven regions: London, Midlands, North Eastern, Northern, South Eastern, Western and Wales.

via Judges, Magistrates and Tribunal Judges.

Family Procedure Rules And Their Related Practice Directions

List of members of the judiciary

Circuit Judges
Details correct as at 01 October 2013

District Judges

Details correct as at 01 October 2013
District Judges (Magistrates’ Court)
Details correct as at 6 December 2013
Diversity and community relations judges
Details correct as at 1 July 2013
Judge Advocates General
Details correct as at 11 December 2013
Senior judiciary
Details correct as at 8 January 2014.
High Court Masters, District Judges and Registrars
Details correct as at 4 October 2012
Bench Chairmen
Details are given by region, and were correct as at 6 March 2013

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