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Matthew Scott's Legal Comment Argument and Discussion. Comment Awards 2015 Best Independent Blog

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It’s not just about juries: The Courts and Tribunals Bill will institutionalise injustice in the Magistrates Courts

The Second Reading debate on the Courts and Tribunals Bill is taking place tomorrow. The Government hopes for a speedy passage of this legislation through Parliament, perhaps even before the May elections according to some Labour MPs. That seems a fairly improbable outcome given that it contains some of the most far reaching changes in Continue reading "It s not just about juries: The Courts and…

Peter Sullivan: wrongly gaoled for 38 years by junk science and a complacent justice system

Just before midnight on Friday August 1st 1986 Diane Sindall, a 21 year old florist, ran out of petrol on a Birkenhead roundabout. She got out of her car and went to look for a 24 hour petrol station. She was no more than 500 yards from her car when she was struck on the Continue reading "Peter Sullivan: wrongly gaoled for 38 years by junk science and a complacent justice system"

Will Lucy Connolly win her appeal against sentence?

Lucy Connolly’s appeal against sentence was heard on 15th May. Somewhat unusually for an appeal against sentence she was not given an immediate decision. The three judges hearing the case have reserved judgment, and say they will produce their judgment as soon as possible. What are the chances that they will decide to reduce her Continue reading "Will Lucy Connolly win her appeal against…

Are juries fair?

Once again trial by jury is coming under scrutiny. Boris Johnson had promised a Royal Commission on Criminal Justice. It was never established. The former Justice Secretary Dominic Raab introduced a much mocked “Bill of Rights Bill” which contained an odd clause declaring that trial by jury was a right, except when it wasn’t. Mr Continue reading "Are juries fair?"

The Bar Standards Board should not require barristers to become political activists

As a barrister my professional duty is to provide the best legal advice out of court and to represent my client’s interests fearlessly in court. For good and obvious reasons there are all sorts of things we are not allowed to do: mislead the court, discriminate between clients, handle clients’ money, and so on. Rather Continue reading "The Bar Standards Board should not require barristers to…

Why have the rioters not been charged with rioting?

A judge sitting at Hull Crown Court, HH Judge Thackray KC, has asked why some rioters have not been charged with riot. “The prosecution do need to look, for those who are playing front and central roles, at the alternative charge of riot rather than violent disorder.” I am not accusing Judge Thackray of some Continue reading "Why have the rioters not been charged with rioting?"

Neither Conservative nor Labour have any plans to deal with the many criminal justice crises

The Conservative Party fought the 2019 General Election with a manifesto commitment to establish a Royal Commission on Criminal Justice. The promise was welcomed by almost everyone involved in criminal justice. Despite repeated attempts over the last four years to hold the government to its word, notably by the former Prisons Inspector Lord Ramsbotham, the Continue reading "Neither Conservative…

I don’t stand with Trudi Warner

On Thursday retired social worker Trudi Warner appeared at the a High court hearing to determine whether the Solicitor General could prosecute her for contempt of court. Her alleged contempt was to hold up a sign outside Inner London Crown Court. The sign read: “Jurors you have an absolute right to acquit a defendant according Continue reading "I don t stand with Trudi Warner"

The Post Office “exonerations” Bill must also quash the convictions of unsuccessful appellants

Last week the government published the Post Office (Horizon System) Offences Bill. It receives its second reading in the House of Commons today. Clause 1 (1) provides: “Every conviction to which this Act applies is quashed on the coming into force of this Act.” The Bill will quash the convictions of all Sub-Postmasters and Postmistresses Continue reading "The Post Office exonerations Bill must…

Calocane: horrific though his crimes were, the CPS and the judge made the right decisions

Many family members of those killed by Valdo Calocane are extremely angry. The reasons are: 1. They cannot understand how it was that a paranoid schizophrenic was not compulsorily detained in a psychiatric hospital, leaving him free to plan, prepare and carry out the killings. 2. They think it was entirely wrong that Calocane’s plea Continue reading "Calocane: horrific though his crimes were, the…