DOCSLIB.ORG

The Circuiteer Issue 26

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Circuiteer Issue 26 CIRCUITEER – SPRING 2008:CIRCUITEER 22/4/08 12:02 Page 1 Issue 26 The Circuiteer News from the South Eastern Circuit Spring 2008 Diversity and The Bar Neuberger and Women The Rocky Road Squaring the at the Bar to Silk Circle Page 8-9 Page 12-13 Page 19 CIRCUITEER – SPRING 2008:CIRCUITEER 22/4/08 12:02 Page 2 A Note from the Editor the Bar as did those who come from what is now not be forgotten. A reminder of our connection called a traditional background. As late as 2003, I with our legal colleagues abroad was the third heard the then Lord Chancellor, Lord Irvine, tell the annual Dame Ann Ebsworth Lecture, where Justice House of Commons Committee of the Lord Scalia of the United States Supreme Court Chancellor’s Department that since there was now challenged a packed audience in Inner Temple Hall gender equality at admission to the Bar, equality at with his views of judicial construction of the the senior levels and on the bench would naturally American Bill of Rights. follow. Shortly after that he lost his job and the Closer to home, our expert on all matters of Judicial Appointments Board was born. We all criminal law, Professor David Ormerod, returns to remember that at its birth the JAC had a tough job explain the new Act on corporate manslaughter. persuading people that choosing on merit and Tom Sharpe, Q.C., takes time off from his journeys promoting diversity were not incompatible. In the around French vineyards to describe the event, they have had a tougher job than that, living development of competition law in this country. The planning of each issue of The Circuiteer has up to the expectations of Parliament. The selection of Queen’s Counsel is much debated begun with an editorial board meeting and each There is only so much the Circuit can do but it in this issue; Max Hill, Q.C., the Circuit’s former issue has had a theme. Usually these meetings can help to change attitudes and expectations. Recorder, gives the inside story on what it was like consist of four or five of us crowding into my ‘Against the odds’ the Circuit event on October 28, to apply in the last round. Hugh Vass gives us a cramped room at The City Law School. This time it will attempt to do just that. Mohammed Khamisa, realistic view of the latest circuit town, Ipswich. took place in the vaster surroundings of Furnival Q. C., who is organising it, explains why it is The spring issue always advertises the Street where Fiona Jackson, already aware of the happening and what will take place. important upcoming Circuit events: the annual plans for the autumn Bar Conference, suggested In January 2007, Geoffrey Vos, Q.C., as dinner on June 27, the trip to Lisbon, Keble and the Diversity and the Bar. This fit ideally into something Chairman of the Bar, told me in interview that the Florida advocacy courses. I have taken on the role the Circuit Leader, David Spens, Q.C., had said at a Bar should reflect the society it represents. Not of book reviewer. committee meeting. He noted that the make up of everyone agreed with him. However, Karon Finally, and at the beginning of this issue, we those present bore little relation to the face of the Monaghan, Q. C., who served on the Neuberger remember that the Bar is part of the wider legal Bar which he saw every day at court. Working Party and Emily Radcliffe who here deals system. We are happy to include a word from one Over 30 years ago, my pupil master passed on with retention, show why Geoffrey was right. of our presiders, Mr. Justice Bean, who has been a the advice of his father, who had himself been Childcare has been one of the great barriers to member and friend of the Circuit for a long time. Called in the 1920s. ‘If you are able and you entry and to retention; Jess Connors reports on the As always, I welcome feedback and comments. persevere, you will succeed at the Bar’. He added long overdue plans for a Bar Nursery. I would like to thank the Bar Council, for the use of (and I paraphrase), ‘if you don’t have a sense of Even as we sort out our own house, we keep an the photographs which they commissioned to judgment, don’t bother’. The Bar was then very eye on the outside world. Dorothea Gartland illustrate the diversity of the Bar, and those who largely made up of able, sensible white men. Until explains the fascinating interplay of English and appear in them. very recently it continued to operate as if able, Sharia law and the capacity to marry. Sappho Dias sensible women, blacks and Asians would join on updates us on the work of the Burma Justice David Wurtzel some sort of level playing field and would remain at Committee and on why the plight of Burma must [email protected] Table of Contents A Note from the Editor, page 2 The Rocky Road to Silk, pages 12-13 Capacity, Comity and Consent, pages 22-23 Leader’s Column, pages 3-4 Women and Retention at the Bar, page 14 Competition Law Comes of Age, A Presider Remembers, page 5 page 24 Florida, page 15 Against the odds, pages 6-7 Lisbon, page 25 The Third Annual The Neuberger Report and Dame Ann Ebsworth Lecture, A Circuit Town – Ipswich, page 26 Women at the Bar, pages 16-18 pages 8-9 Annual Dinner, page 27 Squaring the Circle, page 19 Burma: The Shameful Silence, page 10 Book Reviews, pages 28-29 Kicking the Corporate Soul – Florida, page 11 at Last, pages 20-21 Bar Mess Reports, pages 30-31 2 The Circuiteer CIRCUITEER – SPRING 2008:CIRCUITEER 22/4/08 12:02 Page 3 Leader’s Column people on to it so that it better reflects the You will note from the Chairman’s letter of Circuit’s diversity. 7th March that amendments to the contract One of our concerns, shared by the Chairman included the clarification of several key clauses of the Bar, is that too few people from black and which made the terms of the contract less minority ethnic backgrounds are being appointed onerous. However, you will also observe later in as Q.C.s, Recorders or to full time judicial this column that the respite from increased appointments. If our judiciary and the senior access to electronic diary provision was not ranks of our profession do not yet reflect society’s regarded by the LSC as a long term commitment. make up, they will need to do so in the future, in The rates in the contract remained the same order to instil public confidence in the judicial as those previously proposed by the LSC in system. Tim Dutton, Q.C., has asked each Circuit January, when only 130 barristers signed the to appoint a mentor to encourage those from contract. Those rates, for work in the most diverse backgrounds to apply for these positions, complex cases, have always been regarded by the and – on a confidential basis – to assist them in Bar Council as unacceptably low. It remains the making their applications. Mohammed has also Bar Council’s view that this is a flawed scheme, taken on this role. based upon hourly rates, which fails to incentivise People from diverse backgrounds, quality, efficiency, teamwork and expedient irrespective of race, colour, religion, disability, handling of cases. gender or sexual orientation, are already In particular, you will see that the revised members of both small and large sets on this contract allows the instruction of non-panel One Bar Circuit. What I want to encourage is their greater advocates if there is no Panel Advocate available. At all times, and especially in difficult times, it is participation in the affairs of the Circuit, which is You should be aware that the highest rate payable important that the Bar speaks with one voice. To best achieved by standing for election to the is the same as under the contract, but what the achieve such cohesion the Bar Council must committee in the autumn. non-panel advocate is actually paid is a matter for represent the views of the profession as a whole. With this in mind, the Circuit will host an negotiation between the advocate and the It must be democratic, representative, and event in October: ‘Against the Odds – a solicitor. It is the solicitor and not the LSC who inclusive. This also requires members of the celebration of Equality and Diversity’. The main will be responsible for initially receiving and then profession to participate in the process and to speaker will be the Attorney General, The Rt. Hon. paying the advocate’s fees. If the rate agreed is make their voices heard. Baroness Scotland, Q.C. less than the rate payable to a Panel Advocate by This ambition was very much a part of the the LSC the solicitor pockets the difference. It inaugural address last December of Tim Dutton, The third Ebsworth Memorial seems difficult to reconcile this approach with the Q.C., as the new Chairman of the Bar. Steps have Lecture assertion of David Keegan, Director of HCC been taken to improve communication between The third Dame Ann Ebsworth Memorial Lecture Contracting at the LSC, that the new scheme ‘will the Bar Council and the profession. Before any took place on February 5, in Inner Temple Hall.
Load more

Recommended publications
  • DATES of TRIALS Until October 1775, and Again from December 1816
    DATES OF TRIALS Until October 1775, and again from December 1816, the printed Proceedings provide both the start and the end dates of each sessions. Until the 1750s, both the Gentleman’s and (especially) the London Magazine scrupulously noted the end dates of sessions, dates of subsequent Recorder’s Reports, and days of execution. From December 1775 to October 1816, I have derived the end dates of each sessions from newspaper accounts of the trials. Trials at the Old Bailey usually began on a Wednesday. And, of course, no trials were held on Sundays. ***** NAMES & ALIASES I have silently corrected obvious misspellings in the Proceedings (as will be apparent to users who hyper-link through to the trial account at the OBPO), particularly where those misspellings are confirmed in supporting documents. I have also regularized spellings where there may be inconsistencies at different appearances points in the OBPO. In instances where I have made a more radical change in the convict’s name, I have provided a documentary reference to justify the more marked discrepancy between the name used here and that which appears in the Proceedings. ***** AGE The printed Proceedings almost invariably provide the age of each Old Bailey convict from December 1790 onwards. From 1791 onwards, the Home Office’s “Criminal Registers” for London and Middlesex (HO 26) do so as well. However, no volumes in this series exist for 1799 and 1800, and those for 1828-33 inclusive (HO 26/35-39) omit the ages of the convicts. I have not comprehensively compared the ages reported in HO 26 with those given in the Proceedings, and it is not impossible that there are discrepancies between the two.
    [Show full text]
  • The Old Bailey and the Recorder of London: a Brief History
    From our Patron, Simon Callow Last year I received the exceptional honour of the Freedom of the City of London. Since boyhood I have been haunted by the City, its history, its imagery, its traditions. One of the most vital of those traditions is the City's association with music. Since at least 1350, The Worshipful Company of Musicians has proudly celebrated the noble art. I vividly remember a City of London Festival when I was a youth, in which The Yeoman of the Guards was performed with full son et lumière effects at the Tower of London, and Sir William Walton was specially commissioned to write a splendid piece for the City – A Song for the Lord Mayor's Table. Since then the Barbican Concert Hall has opened, and the London Symphony Orchestra has become resident orchestra. Music is everywhere in the City, as it should be. So when last year's Lord Mayor and Lady Mayoress, Roger and Clare Gifford, asked me become a Patron of their new charity, the City Music Foundation, I said yes straight away - not only because of the ancient association of the City with music, but because it looks so keenly to the future. Its raison d'être is to help young musicians at that critical difficult early point in their careers, right at the beginning, after their training, when they attempt to launch themselves into the world. The Foundation nurtures, encourages, and supports them at a vulnerable moment in their lives. I know very well what that feels like - young actors face exactly the same problems; sometimes really gifted, exceptional artists fall by the wayside.
    [Show full text]
  • Implications of Abrogating the Role of the Aldermen As Justices of the Peace
    Committee: Date: 2 December 2016 Courts Sub (Policy and Resources) Committee Subject: Public The City of London and the Magistracy Report of: For Information Remembrancer Report Author: Paul Double Introductory Note 1. The paper annexed responds to a request that a report on the constitutional background to the City‘s relationship with the Magistracy be submitted to this subcommittee. This background is primarily referable to the Aldermen although non Aldermanic magistrates are now in the main responsible for summary justice in the City‘s Magistrates‘ Courts. Experience with the botched exercise of reforming the office of Lord Chancellor demonstrated (if demonstration were needed) that making changes to a constitutional settlement of centuries standing without a detailed analysis of the landscape is likely to be a cause of difficulty. That is not to say, of course, that change should not be entertained; as is well known, the City has only survived by a process of canny evolution and its evolving relationship with the administration of justice is a good example of this process at work. 2. For completeness the paper includes reference to the significant change to the position of Aldermen as magistrates introduced by the Access to Justice Act 1999, and the subsequent Act of Common Council by which the mandatory linkage to the magistracy was ended. It does not, however, deal with the aspect of that Act which related to the position of Lord Mayor as Chief Magistrate. The 1999 Act broke the link between the office of Chief Magistrate and Bench Chairman in the City, a link which had been mistakenly introduced by the Justices of the Peace Act 1968.
    [Show full text]
  • Judges Keep out Off-The-Bench Influence on the Uk’S Anti- Terror Regime
    DEPARTMENT OF POLITICAL SCIENCE JUDGES KEEP OUT OFF-THE-BENCH INFLUENCE ON THE UK’S ANTI- TERROR REGIME ANISA KASSAMALI Judges Keep Out Off-the-bench Influence on the UK’s Anti- terror Regime Anisa Kassamali The Constitution Unit University College London October 2016 ISBN: 978-1-903903-75-9 Published by: The Constitution Unit School of Public Policy University College London 29-31 Tavistock Square London WC1H 9QU United Kingdom Tel: 020 7679 4977 Fax: 020 7679 4978 Email: [email protected] Web: www.ucl.ac.uk/constitution-unit/ © The Constitution Unit, UCL 2016 This report is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, hired out or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser. First published June 2016 Front cover image: © Anneka, used under licence from Shutterstock.com. Contents Executive summary .................................................................................................................................... 1 1. Introduction ............................................................................................................................................ 2 2. Methodology ........................................................................................................................................... 7 3. Extra-judicial statements on anti-terror policy ..................................................................................
    [Show full text]
  • Sheriffs' & Recorder's Fund
    SHERIFFS’ & RECORDER’S FUND Annual Report 2018-2019 The Fund was established by the Sheriffs of the City of London in 1808 The Sheriffs’ & Recorder’s Fund In 1808 the two Sheriffs of the City of London set up a fund to help prisoners living in appalling conditions in Newgate, and their families. In 1931 the Fund merged with the fund set up by the Recorder to assist offenders released on probation. The Sheriffs’ & Recorder’s Fund still plays a vital part in preventing re-offending. In prison today: • The prison population has risen by 77% in the last 30 years. England & Wales has the highest imprisonment rate in Western Europe. • Assault rates among children in custody average 228 assaults a month. • 43% of prisons received a negative rating from inspectors in 2017-18 for purposeful activity work. In many prisons work remains mundane, repetitive and rarely linked to resettlement objectives. • 54% of those entering prison were assessed as having literacy skills expected of an 11-year-old (general population: 15%). • The number of women in prison has doubled since 1993. On release: • On release prisoners receive £46 – a sum unchanged since 1997 (with inflation, the equivalent today is £82.34). • 50% of respondents to a 2016 YouGov survey said they would not consider employing an offender or ex-offender • 48% of adults are reconvicted within one year of release (64% of those serving sentences of less than 12 months). Working in an office in the Old Bailey provided by the Corporation of London, the Fund gives small grants to ex-prisoners and their families in Greater London to buy essentials: clothes for a job interview, a training course, tools of trade, household equipment.
    [Show full text]
  • Judicial Encounters with Quakers 1660 1688*
    Judicial Encounters with Quakers 1660 1688* URING the reigns of Charles II and James II many Quakers were subjected to the rigours of the penal D laws against dissenters and Catholics. As a result, they often looked to the members of the common law judiciary for redress. Unfortunately the "twelve men in scarlet" who manned the courts of King's Bench, Common Pleas and Exchequer were not considered by contemporary observers to be independent arbiters of the law, but rather, were seen as civil servants of the Crown, "stewards of royal power charged with implementing the royal will".2 They had indeed been long utilized by the Crown for political and administrative, as well as legal purposes, and had been discredited by their decisions favouring the royal prerogative in the last years of Charles I's "personal" rule.3 Likewise, by 1688 they had again, for the same reason, found themselves discredited in the eyes of the victorious opposition.4 Although Whig accusations of judicial subservience to the Stuart kings appear influenced far more by partisan politics than by legal appreciation^ the judges throughout most of the reigns of Charles II and James II did hold their patents "during the king's pleasure" and dismissals 1 In this article quotations from manuscripts have been modernized in spelling, punctuation and capitalization. Old Style dating has been retained. The term "dissenter" means one who attended a religious conventicle as denned by the Conventicle Act (16 Car. II, 0.4). > J. S. Cockburn, History of English assizes, 1558-1714 (Cambridge, 1972), p. 6.
    [Show full text]
  • Parliamentary Debates (Hansard)
    Monday Volume 644 2 July 2018 No. 163 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Monday 2 July 2018 © Parliamentary Copyright House of Commons 2018 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. HER MAJESTY’S GOVERNMENT MEMBERS OF THE CABINET (FORMED BY THE RT HON. THERESA MAY, MP, JUNE 2017) PRIME MINISTER,FIRST LORD OF THE TREASURY AND MINISTER FOR THE CIVIL SERVICE—The Rt Hon. Theresa May, MP CHANCELLOR OF THE DUCHY OF LANCASTER AND MINISTER FOR THE CABINET OFFICE —The Rt Hon. David Lidington, MP CHANCELLOR OF THE EXCHEQUER—The Rt Hon. Philip Hammond, MP SECRETARY OF STATE FOR THE HOME DEPARTMENT—The Rt Hon. Sajid Javid, MP SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS—The Rt Hon. Boris Johnson, MP SECRETARY OF STATE FOR EXITING THE EUROPEAN UNION—The Rt Hon. David Davis, MP SECRETARY OF STATE FOR DEFENCE—The Rt Hon. Gavin Williamson, MP LORD CHANCELLOR AND SECRETARY OF STATE FOR JUSTICE—The Rt Hon. David Gauke, MP SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE—The Rt Hon. Jeremy Hunt, MP SECRETARY OF STATE FOR BUSINESS,ENERGY AND INDUSTRIAL STRATEGY—The Rt Hon. Greg Clark, MP SECRETARY OF STATE FOR HOUSING,COMMUNITIES AND LOCAL GOVERNMENT—The Rt Hon. James Brokenshire, MP SECRETARY OF STATE FOR INTERNATIONAL TRADE AND PRESIDENT OF THE BOARD OF TRADE—The Rt Hon. Liam Fox, MP SECRETARY OF STATE FOR EDUCATION—The Rt Hon. Damian Hinds, MP SECRETARY OF STATE FOR ENVIRONMENT,FOOD AND RURAL AFFAIRS—The Rt Hon.
    [Show full text]
  • 20150916 CV Adrian Fulford
    Fulford, Adrian United Kingdom nominee for election to the Advisory Committee on nominations of judges of the International Criminal Court. Curriculum Vitae Lord Justice Adrian Fulford QC Date of Birth: 8 January 1953 Nationality: British Professional Work: 2015 Deputy Senior Presiding Judge of England and Wales, soon to be Senior Presiding Judge for two years 2013 Presiding Judge for the South Eastern Circuit, England and Wales 2013 Judge of the Court of Appeal 2008 – 2012 President of the ICC Trial Division 2003 – 2012 Judge of the International Criminal Court 2002 – 2013 High Court Judge 1996 Recorder (judge in the Crown Court) 1994 Appointed Queen’s Counsel 1978 Called to the Bar (Middle Temple) Other Professional Experience: 1999 – 2001 Lecturer to the Bar and Judiciary (under the auspices of the Bar Council and the Judicial Studies Board) on The Human Rights Act 1998 1988 – 2002 Chairman Area Committee Legal Services Commission (for both the Board and the Commission) 1997 – 2000 Member of the Bar Professional Complaints and Conduct Committee 1997 – 1999 Elected by Criminal Bar Association as Committee Member (The Committee of the Criminal Bar Association is the forum where detailed consideration is given to all contemporary issues of principle concerning the criminal law. For example in 1998 the Committee published detailed responses to the Home Office Report on the Treatment of vulnerable or intimidated witnesses. This response gave particular and detailed attention to the position of child witnesses and the victims of rape and kindred offences.) 1999 Committee Member of the Bar Council Race Relations Committee 1997 Chair of the Disciplinary Procedures for Bar Council 1994 – Lecturer in Advocacy, Middle Temple *** .
    [Show full text]
  • Common Serjeant the Queen Has Appointed His Honour Judge
    LIVERY April 2015 BRIEFING From the Chairman of the Livery Committee. Common Serjeant The service is no longer held on Lady The Queen has appointed His Honour Day, but usually two weeks before Dear Clerk, Judge Richard Marks QC to be the Good Friday - hence next year 11 Common Serjeant of London on the March 2016; and always preceded Herewith the latest edition of the advice of the Lord Chancellor. He the night before by the Lord Mayor’s bi-monthly Livery Briefing, for onward will be based at the Central Criminal Dinner for Masters. distribution to your livery, please. Court (The Old Bailey) and took up post with effect from 9 March. 33rd annual Inter Livery Bridge The content draws heavily on the Judge Marks succeeds His Honour Competition News pages at the Livery Committee Judge Nicholas Hilliard QC, recently 60 Team Pairs attended this year’s website, where you can find details appointed the Recorder of London. event on 2 March at Drapers’ Hall, and links to a host of livery related In addition to duties as the second representing 41 different Companies. information. If you wish to post any senior judge at the Old Bailey, the item on the site (please aim for Common Serjeant oversees the The highest overall placed Champion between 50-150 words), please email elections at Common Hall. Judge Pair were Mark Nichols and Roy me at [email protected] Marks is a member of the Cooks’ Griggs of the City Solicitors’ Company, Company. who were presented with their trophy Please may I also draw your attention by the Lady Mayoress.
    [Show full text]
  • Corporate Asset Sub (Finance) Committee
    Public Document Pack Corporate Asset Sub (Finance) Committee Date: WEDNESDAY, 26 MARCH 2014 Time: 1.45 pm Venue: COMMITTEE ROOMS, 2ND FLOOR, WEST WING, GU ILDHALL Members: Roger Chadwick (Chairman) Jeremy Mayhew (Deputy Chairman) Deputy Douglas Barrow Randall Anderson Mark Boleat Deputy Michael Cassidy Brian Harris Alastair Moss Deputy Dr Giles Shilson Enquiries: Katie Odling tel. no.: 020 7332 3414 [email protected] Lunch will be served for Members in the Guildhall Club at 1pm John Barradell Town Clerk and Chief Executive AGENDA Part 1 - Public Agenda 1. APOLOGIES 2. MEMBERS' DECLARATION S UNDER THE CODE OF CONDUCT IN RESPECT O F ITEMS ON THE AGENDA 3. MINUTES To agree the public minutes and summary of the meeting held on 12 December 2012. For Decision (Pages 1 - 4) 4. THE GOVERNMENT'S TRA NSPARENCY AGENDA - IMPLICATIONS FOR THE COLC Report of the City Surveyor. For Information (Pages 5 - 10) 5. CENTRAL CRIMINAL COU RT BUSINESS PLAN 201 4-17 Report of the Secondary. For Decision (Pages 11 - 32) 6. QUESTIONS ON MATTERS RELATING TO THE WORK OF THE SUB - COMMITTEE 7. ANY OTHER BUSINESS T HAT THE CHAIRMAN CON SIDERS URGENT 8. EXCLUSION OF THE PUB LIC MOTION - That under Section 100(A) of the Local Government Act 1972, the public be excluded from the meeting for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part I of the Schedule 12A of the Local Government Act. Part 2 - Non -Public Agenda 9. NON -PUBLIC MINUTES To agree the non-public minutes of the meeting held on 12 December 2013.
    [Show full text]
  • The Crown Court (Recording) Order 2016
    STATUTORY INSTRUMENTS 2016 No. 612 SENIOR COURTS OF ENGLAND AND WALES The Crown Court (Recording) Order 2016 Made - - - - 26th May 2016 Coming into force in accordance with article 1 The Lord Chancellor, with the concurrence of the Lord Chief Justice, makes the following Order under section 32(1) of the Crime and Courts Act 2013( a). In accordance with section 58(4) of that Act, a draft of this Order was laid before and approved by a resolution of each House of Parliament. Citation and commencement 1. This Order may be cited as the Crown Court (Recording) Order 2016 and comes into force on the day after the day on which it is made. Definitions 2. In this Order, “recording” means a visual or sound recording on any medium from which a single image, a moving image or any sound may be produced or reproduced, or the making of any such recording, and “recorded” shall be construed accordingly. Crown Court 3. This Order applies to the recording of sentencing remarks in the Crown Court made by the judge in open court. Recording sentencing remarks 4. Section 41 of the Criminal Justice Act 1925( b) and section 9 of the Contempt of Court Act 1981( c) do not apply where sentencing remarks are recorded in accordance with the conditions in articles 5 to 7. Conditions 5. Recording is only for the purposes of a not-for-broadcast test. 6. —(1) Recording is only with the permission of the qualifying judge who will make the sentencing remarks. (a) 2013 c. 22. (b) 1925 c.
    [Show full text]
  • High Court Judgment Template
    Neutral Citation Number: [2014] EWHC 1041 (QB) Case No: CO/642/2014 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION DIVISIONAL COURT Royal Courts of Justice Strand, London, WC2A 2LL Date: 08/04/2014 Before : THE PRESIDENT OF THE QUEEN'S BENCH DIVISION (SIR BRIAN LEVESON) MR JUSTICE CRANSTON MR JUSTICE HOLROYDE - - - - - - - - - - - - - - - - - - - - - Between : JC and RT Claimants - and - THE CENTRAL CRIMINAL COURT Defendant - and - (1) CROWN PROSECUTION SERVICE (2) BRITISH BROADCASTING CORPORATION Interested Parties - and - JUST FOR KIDS LAW Intervener - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr Joel Bennathan Q.C. (instructed by Straw & Pearce, Loughborough) for the Claimants The Defendant did not appear and was not represented Mr Max Hill Q.C. (instructed by the Crown Prosecution Service, London) for the First Interested Party Mr Gavin Millar Q.C. (instructed by the BBC Litigation Department) for the Second Interested Party Mr Ian Wise Q.C. and Ms Maria Roche (instructed by Just for Kids Law) for the Intervener Hearing date: 13 March 2014 - - - - - - - - - - - - - - - - - - - - - Judgment Judgment Approved by the court for handing down. JC & RT v Central Criminal Court Sir Brian Leveson P : This case raises the question whether an order made under s. 39 of the Children and Young Persons Act 1933 ("the 1933 Act") prohibiting the identification of (among others) a defendant under the age of 18 years, can last indefinitely or whether it automatically expires when that person attains the age of 18 years. It has wide implications not only for young defendants but also for victims, witnesses, others concerned in proceedings and, of course, the media. 1. The background can be shortly summarised.
    [Show full text]