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Law in Action

Af
- BBC Radio 4

0 Anmeldelser: 0
Afsnit: 105
Gns. varighed: 30M
Sprog: Engelsk
Format
Kategori: Fakta

Weekly conversation that will give you an in-depth understanding of the law stories making news and the legal decisions that could have a bearing on everyone in the UK. Whether it's unpicking a landmark legal ruling, explaining how laws are made or seeking clarity for you on a legal issue, The Law Show will be your guide.

Episodes

Expert witnesses in criminal trialsLucy Letby is serving 15 whole-life sentences after being convicted of murdering seven babies and attempting to murder seven others at the Countess of Chester hospital - with two attempts on one of her victims - between June 2015 and June 2016. But a campaign to clear her is being led by 14 medical experts who say there is no medical evidence for murders or attacks on those babies in her ward at the hospital. The expert witness at her trial, Dr Dewi Evans, has consistently defended the evidence he provided to the court. So what is an expert witness? When is their evidence required in court, what do they do, and who pays their fees? Also on this week's programme: Prince Harry wanted his day in court to face News Group Newspapers, but it never happened. Why did his case end so abruptly? And marry in haste repent at leisure - or not. The "legal queen" Tracey Moloney on annulment, divorce and why you can't choose between them. Presenter: Dr Joelle Grogan Producers: Ravi Naik and Louise Clarke Editor: Tara McDermott Contributors: Retired Crown Court Judge Nigel Lithman KC Amel Alghrani Professor of Law at the University of Liverpool Aejaz Mussa, Barrister, One Law Chambers
99
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27M
Genocide, war crimes and justiceSince the October 7th attacks by Hamas on Israel, and the IDF military invasion of the Gaza strip, terms like 'war crimes', 'crimes against humanity' and 'genocide' have been used when discussing the conflict. Warrants have been issued by the International Criminal Court in the Hague for Israeli Prime Minister Benjamin Netanyahu, his former defence minister Yoav Gallant, and a Hamas commander Mohammed Deif - who has since died in an air strike - citing allegations of war crimes and crimes against humanity. In this special episode of the Law Show, we'll ask what are the legal definitions of these terms, how victims in a conflict situation can seek justice, and we'll explain the difficulties of gathering evidence in war and proving claims in an international court. Presenter: Dr Joelle Grogan Producer: Louise Clarke Editor: Tara McDermott
100
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28M
The human cost of court delaysJustice delayed is justice denied - the court backlog in England and Wales has reached a record high and suspects being charged with new offences are regularly told they may not get a trial until 2027. Some courts are already booking court dates for 2028. The government has commissioned an independent review of criminal courts to work out how to cut waiting times. A victim of crime and a criminal defence solicitor tell Dr Joelle Grogan about the human cost of court delays. Also on the programme, the MP introducing a law to end the abuse of Lasting Powers of Attorney and what can someone do when their ex refuses to pay child maintenance? Presenter: Dr Joelle Grogan Producers: Ravi Naik and Louise Clarke Editor: Tara McDermott Contributors: Tracey Moloney, solicitor, Moloney Family Solicitors Stephen Davies, criminal defence solicitor at Edwards Duthie Shamash Solicitors Tom Franklin, CEO of the Magistrates Association Professor Carolyn Stephens, whose father was a victim of LPA abuse Fabian Hamilton, Labour MP for Leeds North East.
101
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28M
Death and the Law in England and WalesWhen someone passes away - legally, what do you have to do? In this episode, Dr Joelle Grogan and guests look at the host of legal obligations that have to be considered in England and Wales from declaring a death, to the circumstances in which a coroner becomes involved, dealing with a dead person’s estate and the grant of probate. Note that in Scotland, different laws and rules apply. The Procurator Fiscal investigates all sudden, suspicious, accidental, unexpected and unexplained deaths and any death occurring in circumstances that give rise to serious public concern. Also in Scotland, "Confirmation of Executors" - also known as Confirmation - gives someone the legal authority to manage and distribute a deceased person's estate. It is similar to probate, but some procedures and terms used in the process differ. Also on the programme: A teenage boy recently lost a High Court case against his parents. He was unhappy that they had placed him in a Ghanaian boarding school because they feared that he was becoming involved in criminal activity in London. The case rested on parental responsibility, and the judge ruled that their actions were within the scope of decisions that parents can make - and that the state shouldn't intervene. But what is "parental responsibility" and is there a situation where a child can divorce their parents? Presenter: Dr Joelle Grogan Producer: Ravi Naik Editor: Tara McDermott Contributors: Rachel Roche, from Roche Legal in York Dr Imogen Jones, Associate Professor in Law at the University of Leeds Melinda Giles, Law Society Council member and part of their Wills & Equity Committee Tracey Moloney, from Moloney Family Solicitors
102
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28M
My data's been stolen in a cyberattack - can I sue?What legal responsibilities does a company have to keep your data secure? M&S, and the Co-op are picking up the pieces after their systems were hacked. The cyber criminals claim to have the private information of 20 million people who signed up to Co-op's membership scheme, but the firm have not confirmed that number. The Co-op says the breach did not include members’ passwords, bank or credit card details. However, experts say seemingly innocent information can be used to commit fraud or identity theft. Companies aren’t the only target; on Monday this week, the Ministry of Justice revealed that the Legal Aid Agency was also hacked in April. So can you sue if your private data is stolen in this way? And if you're the employee who clicked on a hacker's dodgy link in an email, how liable are you for any losses that occur? Also on the programme: How survivors of domestic violence in Scotland want to be told if their attackers make plea deals. Presenter: Joelle Grogan Producers: Ravi Naik and Charlotte Rowles Editor: Tara McDermott Contributors Joe Tidy, BBC Cyber Correspondent Tim Capel, Legal Counsel for the Information Commissioner’s Office Ian Jeffrey, Chief Executive of the Law Society Brian McConnachie KC, a former crown prosecutor and now a senior advocate:
103
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28M
Wrongful convictions: why private prosecutions face reformWrongful convictions in the Post Office scandal and for train fare evasion have been described by the Government as ‘catastrophic failures’, and it's held a consultation in England and Wales to reform private prosecutions. It covers private prosecutions brought by organisations, and also, the SJP - the single justice procedure - where a minor criminal offence is decided by a magistrate behind closed doors. Tens of thousands of rail fines have been quashed, after train companies were found to have misused the SJP system. So how should private prosecutions be reformed? Also on the programme: how "No Further Action" and police cautions can leave a lasting mark on safeguarding and criminal records checks. (Note that in Scotland, the nearest equivalent to a police caution is a Procurator Fiscal warning which is usually issued for low level offences such as street drinking or breach of the peace). Presenter: Dr Joelle Grogan Producers: Ravi Naik and Charlotte Rowles Editors: Tara McDermott and Nick Holland Contributors: Dr Jonathan Rogers, part of the campaign group Criminal Justice Reform Now and Co-Deputy Director of the Cambridge Centre for Criminal Justice Tristan Kirk court correspondent at the London Evening Standard Nathalie Potter head of DBS at Olliers solicitors in Manchester
104
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28M
Should killers be forced to attend sentencing hearings?The Victims and Courts Bill is progressing through Parliament, and will force convicted criminals to attend their sentencing hearings. If criminals convicted of the most serious offences in England or Wales refuse to attend, or are disruptive in court, they will face an extra two years in prison. There are other sanctions too, including missing out on family visits. ‘Reasonable force’ can also be used to get criminals to attend. The families of three women killed in London - Sabina Nessa, Jan Mustafa and Zara Aleena - have been campaigning for a new law. In each case, the men who murdered their loved ones refused to come to their sentencing hearings. Their families are not alone; the mother of 9 year old Olivia Pratt-Korbel, who was fatally shot in August 2022, has also been calling for a change in the law. The man who murdered her daughter also refused to come to court to be sentenced. But will the changes improve the court system for the families of victims? Also on the programme: The first purely-AI legal service has been given the go ahead in England and Wales - what does it mean for the UK legal sector? And who gets the dog? Why all couples might want to consider a "pet-nup" in case they split up. Presenter: Joelle Grogan Producers: Ravi Naik and Charlotte Rowles Editor Tara McDermott Contributors Charlie Sherrard KC, criminal justice barrister and judge Claire Waxman, Victim's Commissioner for London Dr Giulia Gentile, Department of Law, University of Essex and expert on AI and digital regulation Samantha Woodham, barrister and co-founder of The Divorce Surgery.
105
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28M
Interview with Alison Saunders, Director of Public ProsecutionsThirty years ago the Crown Prosecution Service was established - the body which acts as a gatekeeper to the criminal justice system of England and Wales. Those three decades have not been an easy ride for the CPS, which faced staffing shortages from the start. What's beyond doubt is that a well-run prosecution service is essential if the criminal courts are going to deliver justice. In this first programme of the new series, Joshua Rozenberg speaks to the current head of the CPS - the Director of Public Prosecutions Alison Saunders. They discuss how the CPS has changed the legal landscape, as well as some of the key areas of work for the CPS in recent years such as increasing the success rate of rape prosecutions; bringing historical child sexual abuse cases to trial; the recovery of proceeds of crime; and the new challenges social media is presenting for the justice system. Producer: Richard Fenton-Smith.
1
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27M
Terrorism, Extremism and the LawDo the laws designed to counter terrorism and extremism strike the right balance between stopping violent attacks and protecting our civil liberties? Weighing up this question has been one of the main tasks of David Anderson QC - the Independent Reviewer of Terrorism Legislation. Mr Anderson is due to step down after six years in the post, and he speaks to Joshua Rozbenberg about the changes he has seen in counter-terrorism law, and whether the net has now been cast too wide in the fight against extremism. One critic of the current law is Salman Butt who is bringing a judicial review case against the Home Office, which he says unfairly labelled him as an extremist speaker. Mr Butt, who is the editor of the website Islam 21c, says the government conflates conservative religious views with extremism and this unfairly targets members of the Muslim community. Next month at the High Court he will be challenging sections of the government's Prevent counter-extremism policy, which he says conflicts with the right to free speech. These concerns are shared by the Home Affairs select committee which has also criticised the policy, with MPs saying that that unless concerns among the Muslim community are addressed, Prevent would continue to be viewed by many as toxic. Law in Action has also discovered that one of the key architects of Prevent also believes it has lost its way. In this programme, Joshua Rozenberg speaks to former GCHQ director Sir David Omand about how the strategy was devised and how it differs to his original vision. Producers: Richard Fenton-Smith & Matt Bardo Editor: Penny Murphy.
2
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47M
Brexit in the High CourtThe High Court has decided that Prime Minister Theresa May cannot trigger Brexit without an Act of Parliament - but what are the legal ramifications of this ruling? This week, Joshua Rozenberg explores this latest chapter in Britain's exit from the EU - the fallout from which has seen highly personal attacks on England's most senior judges, as the ideological divisions seen in the run up to the referendum vote were exposed once more. Following our previous edition of Law in Action, which aired straight after the referendum vote, the programme has gone back to the same leading legal minds to seek some clarity amid the conflicting and confusing media coverage. Has the high court's decision really stalled Brexit as leave voters fear - and some remainers hope? Just how will the so-called 'Great Repeal Bill' work in practice? And will the UK still have to comply with EU laws if it wants to continue to trade with the continent? CONTRIBUTORS Prof Catherine Barnard, Professor of European Law at the University of Cambridge Prof Mark Elliott, Professor of Public Law at University of Cambridge Producers: Matt Bardo & Richard Fenton-Smith.
3
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27M

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