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BBC Radio 4


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.


Law in Action

Lucy 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

Expert witnesses in criminal trials

Since 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

Genocide, war crimes and justice

Justice 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.

The human cost of court delays

It’s not something most of us think about - and it’s not something most of us want to think about, but sooner or later it’s something we’ll all encounter. 

When someone passes away - legally, what do you have to do? 

It’s not immediately obvious, nobody really talks about it, and there a whole host of legal obligations that have to be considered, from declaring the death, to the circumstances when a coroner becomes involved. 

And then there’s a dead person’s estate and the grant of probate. In this episode, Dr Joelle Grogan and a team of experts will guide you through the process. 

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

Death and the Law

Thirty 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.

Interview with Alison Saunders, Director of Public Prosecutions

Do 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.

Terrorism, Extremism and the Law

The 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.

Brexit in the High Court

Vacancies for senior Judges and circuit Judges are now at an all-time high - why? 

The Judiciary is still reeling from last year's "Enemies of the People" headlines and morale is low, with many Judges fed up with the job. 

Speaking to three senior judges, Joshua Rozenberg asks what can be done to address the situation? 

Producer: Jim Frank
Researcher: Beth Sagar-Fenton

Why Are We Short of Judges?

Joint Enterprise is the law by which a group of people can be convicted with the same offence and earlier this year the Supreme Court ruled that Joint Enterprise law had been misinterpreted for 30 years. 

This gave campaigners significant hope as they say Joint Enterprise is an unjust law, especially when applied to murder convictions because all defendants face the same mandatory life sentence even if they were periphery players. 

But these hopes were dashed when the Court of Appeal announced that it was not going to permit thirteen Joint Enterprise murder convictions to be reviewed. Joshua Rozenberg explores why the court came to this decision - and asks if the perceived unfairness over Joint Enterprise points to bigger problems with the law of homicide. 

Also on the programme: Soon-to-be President Donald Trump has said one of his most important tasks will be to appoint a judge to the US Supreme Court, which he has said would be pro-life and pro-gun ownership. To what extent can he be sure that the Supreme Justices will do his bidding?

And after 500 years, the trial of Hamlet, Prince of Denmark will be heard in London in a mock trial featuring real QCs, and a real judge. Law in Action hears how the prosecution and defence are going to state their case. 

CONTRIBUTORS

Gloria Morrison, campaign co-ordinator for JENGBA (Joint Enterprise, Not Guilty by Association)

Alison Levitt QC

Bob Neill MP, chair of the Justice Select Committee

James Zirin, lawyer and author of Supremely Partisan 

Ian Winter QC

Ruth Brock, chief executive of the Shakespeare Schools Festival

Shaheed Fatima QC

Lady Justice Hallett 

PRODUCERS: Matt Bardo & Richard Fenton-Smith
EDITOR: Penny Murphy.

Joint Enterprise and Homicide Law

Following the general election, Joshua Rozenberg introduces a special live discussion programme in which he and his guests consider what the composition of the new House of Commons means for the law. They consider the courts and those who use them, the strained prison system, impending legislative changes to the law - including those required to achieve commitments made on Brexit - and how those seeking access to justice are likely to fare.

Producer Simon Coates.

Genocide, war crimes and justice

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