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Anonymity for Defendants ? Complainants of Sexual Off Ences Sexual Off ences Act Legal Principles CRIMINAL BAR QUARTERLY ISSUE 3 | AUTUMN 2017 Anonymity for Defendants ? Complainants of Sexual Off ences IPP: Left in Limbo Publication of Change the test for release “[the authors’] knowledge of this area of law is clearly comprehensive…” Landlord & Tenant Review Tenants’ Right of First Refusal A comprehensive and authoritative guide to all aspects of a residential tenant’s right of first refusal under the Landlord and Tenant Act 1987. This new edition has been extensively revised and updated and takes on board the latest developments in the field, including important new case-law such as Artists Court Collective Ltd v Khan (2016). Product code: TRFR3 Publication date: April 2017 ISBN: 9781784732677 Price: £90 Place your order today Call: +44 (0)330 161 1234 Email: [email protected] Online: www.lexisnexis.co.uk/TRFR17 RELX (UK) Limited, trading as LexisNexis®. Registered office 1-3 Strand London WC2N 5JR. Registered in England number 2746621. VAT Registered No. GB 730 8595 20. LexisNexis and the Knowledge Burst logo are registered trademarks of RELX Inc. © 2017 LexisNexis SA-0517-046. The information in this document is current as of May 2017 and is subject to change without notice. Criminal Bar Quarterly | Autumn 2017 - Issue 3 CONTENTS VIEW FROMCHAIR'S THE COLUMN EDITOR 3 CBA COMMITTEE MEMBERS FEATURED IN THIS ISSUE EXECUTIVE OFFICERS Chair Director of Education 3 McNaughten Angela Raff erty QC James Mulholland QC John Cooper QC Vice - Chairman Deputy Director of Chris Henley QC Education Treasurer Sophie Shotton 4 An Impossible Dream? Gillian Jones QC Equality and Diversity Secretary Director Angela Raff erty QC Donal Lawler Eleanor Mawrey Assistant Secretary CBQ Editor Emma Fern John Cooper QC 6 IPP: Left in Limbo Director of International A ff a i r s Mark George QC Michael Duck QC ELECTED MEMBERS 8 The Right to Anonymity (Complainants of Sexual Off ences) “[the authors’] knowledge of this area Silks Jonathan Lennon Kerim Fuad QC Martin McCarthy Chris Henley QC and Monica Stevenson Sally Anne Hales QC James Vine Orlando Pownall QC Under 7 years’ call of law is clearly comprehensive…” Over 7 years’ call Stephen Knight 10 The Sexual Off ences Act, 1967 Mary Aspinall-Miles Emma Stuart-Smith Joanne Cecil David Wood Christina Warner Landlord & Tenant Review Rebecca Herbert ELECTED CBA SUPPORTED BAR COUNCIL REPRESENTATIVES 12 The Brazen-faced Beekeeper Who Fought the Law Paul Mendelle QC Eleanor Mawrey (Equality Noël Sweeney Richard Gibbs Director) Max Hardy Grace Ong James Hines QC Thomas Payne VIEW FROM THE EDITOR Hannah Kinch Daniel Sternberg Nicholas Worsley BAR COUNCIL REPRESENTATIVE Tony Cross QC McNaughten CIRCUIT REPRESENTATIVES Tenants’ Right of First Refusal MIDLAND CIRCUIT NORTHERN CIRCUIT EDITOR John Cooper QC Ian Bridge Simon Csoka QC Adrian Reynolds Sarah Griffi n Tom Schofi eld Adrian Farrow riminal law icons crop up in clinical notes from Bethlem depict a NORTH EASTERN CIRCUIT SOUTH EASTERN CIRCUIT C A comprehensive and authoritative guide to all aspects of a residential Ian Goldsack Charles Burton the most unlikely of places and non violent, temperate, shy man who Caroline Goodwin Rosina Cottage QC sometimes it is easy to miss them. never exhibited any outward signs of Claire Larton Phillipa Page tenant’s right of first refusal under the Landlord and Tenant Act 1987. Take the series fi nale of ITV’s the “chronic mania and dementia” with WALES AND WESTERN CIRCUIT CHESTER CIRCUIT Kate Lumsdon Victoria a few weeks ago. At about 4pm which he was supposed to be affl icted. Christopher Clee QC Robert Forrest on Friday, January 20, 1843, Prime His counsel, Alexander Cockburn This new edition has been extensively revised and updated and takes on Jonathan Elystan Rees Christopher Quinlan QC Owen Edwards Minister Sir Robert Peel is making QC argued persuasively that his client CO-OPTED MEMBERS Chris Moran his way to Downing Street having just was suff ering from a “partial insanity”, board the latest developments in the field, including important new case-law Francis Fitzgibbon QC Mark Traff ord QC Max Hill QC Michael Turner QC steered the abolition of the Corn Laws allowing for the apparent loss of all such as Artists Court Collective Ltd v Khan (2016). Paul Keleher QC Abimbola Johnson through Parliament. In a dramatic scene self control in respect of one “powerful Media Committee OTHER Joanne Cecil Ex Offi cio Member – at the end of the programme, someone delusion” in an individual who was, in (also an elected member) Chairman fi res a gun at the Prime Minister but all other respects, of sound mind. His Abigail Bright Nigel Lithman QC Product code: TRFR3 Publication date: April 2017 Tom Stevens Ex Offi cio Member – instead of killing him, fatally wounds his “powerful delusion” was argued to be Tom Wainwright Secretary Private Secretary, Edward Drummond. that the Tories were his mortal enemies ISBN: 9781784732677 Price: £90 CPS Liaison Offi cer Emma Nash Peter Wright QC ATC Liaison Offi cer: Th e scene only lasts seconds and the and that “they followed” him wherever Lesley Bates Secretariat only reference to the assassin is when the he went. Many theories still exist about Aaron J Dolan Queen is told that he was a disgruntled the killing of Drummond, including one T: 01304 849 149, [email protected] farmer who felt that the abolition of the propagated by the Drummond family PUBLISHING DETAILS Corn Laws would ruin him.In fact, the only two days after his death that the All submission and editorial inquiries to John Cooper, 25 Bedford Row, London, WC1R 4HD gunman was none other than Daniel wrong man had been arrested. Others [tel] 020 8686 9141 [email] [email protected] McNaughten, who was ultimately found suggest that McNaughten was hired by CRIMINAL BAR QUARTERLY is the Journal of the Criminal Bar Place your order today Association. It is published 4 times a year by LexisNexis on not guilty of murder on the grounds of the Anti Corn Law League and that behalf of the Criminal Bar Association. insanity, and sent to Broadmoor, where the considerable sum of money in his Call: +44 (0)330 161 1234 Magazine Editor: Diana Rose [email] [email protected] [tel 07801 499666] he died two years later. Much has been bank accounts spoke against him being Email: [email protected] For advertising opportunities: written about McNaughten, including a an angry, struggling farmer, but rather a [email] [email protected] fascinating piece in this magazine [Issue paid assassin. Online: www.lexisnexis.co.uk/TRFR17 Printed by Stones Ashford Limited, Ashford, Kent. 3: September 2009, p.9] which brought Such an intriguing and continuing This product comes from sustainable forest sources. The views expressed by CBQ’s contributors or advertisers are into question whether he was really controversy, still cited today, and which not necessarily those of the publishers or the CBA. mad. Proving this sort of thing back fl ashed across our television screens for © CBA ® 2017 in 1843 was diffi cult and “Psychiatry” barely 30 seconds. © istockphoto/bestdesigns © had not yet been established adding to the very speculative nature of any QC, 25 Bedford Chambers. The comments made are not necessarily those of the CBA. Cover image: Cover mental health diagnosis. McNaughten’s RELX (UK) Limited, trading as LexisNexis®. Registered office 1-3 Strand London WC2N 5JR. Registered in England number 2746621. VAT Registered No. GB 730 8595 20. LexisNexis and the Knowledge Burst logo are registered trademarks of RELX Inc. © 2017 LexisNexis SA-0517-046. The information in this document is current as of May 2017 and is subject to change without notice. ADD STRAP HERE 4 CHAIR'S COLUMN Summer 2015 - Issue 2 | Criminal Bar Quarterly An Impossible Dream? Chairman's column Angela Raff erty QC 980s pop music is inspiring I hope uniquely challenging and worthwhile threat to the future of the profession. 1you all agree. Before I started on career. It is not known how many of those the path to the Bar I used to strongly However as I looked over the last who leave are from Crime – the identify with the immortal words of 10 years of updates and articles by suspicion is that it is many. Survival Th e Smiths – when“ you want to live, leaders of the Criminal Bar it is clear instinct alone should make us act. how do you start, where do you go. Who to me that the lack of investment in Th e Young Barristers Committee do you need to know?” Succeeding criminal legal aid is coming home annual report reveals that, following at the Bar seemed, sometimes, an to roost. We have faced such savage a survey, it is still the case in 2017 impossible dream. fee cuts in the last 10 years that we that many of the junior Bar have From the outside we looked are still reeling. We may face further done hearings in the magistrate’ court intimidating. With arcane rituals and diffi cult issues with the proposed where they do not expect to be paid fancy dress the Bar seemed of another reform of AGFS this year. Th e system at all. Th e Bar Council’s protocol era. Everyone appeared so confi dent for payment of magistrates’ court and articulate all the time. It cost so fees dates back to 2008 and appears much money to train, to get the fancy The intellectual eff ort, the to be frequently ignored. When fees dress and to live. It was an uphill are paid they are frequently less than struggle for pupillage and everyone emotional intelligence, the protocol requires and delays are kept saying, “don’t do it – you would the hard work and eye endemic.
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