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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

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.

The Law After the Election

Joshua Rozenberg examines the implications for the criminal justice system - especially the courts and prisons - of the growing number of prosecutions and convictions of older people for sexual offences. 

The programme also discovers the legal implications of the explosion in the theatrical use of holograms of both the living and the dead. And we find out what's on the agenda for the new Lord Chancellor and Justice Secretary, David Lidington.

Interview with the Lord Chancellor David Lidington

Professor Simon Harding, criminologist at the University of West London, considers proposals to control the sale and possession of corrosive substances with Joshua Rozenberg.

Acid Attacks and the Law

Joshua Rozenberg asks what's the point of investigating the dead over allegations of abuse. He speaks to the former judge Sir Richard Henriques, who is critical of recent police investigations into dead people accused of abuse. 

The programme also explores whether we need new laws to protect cyclists on our roads. 

Producer: Smita Patel
Researcher: Diane Richardson.

Investigating the Dead

In his first interview since taking office, the Lord Chief Justice of England and Wales Sir Ian Burnett talks to Joshua Rozenberg. He explains what can be done to gain back public confidence. 

Also, if you are a foster carer, are you an employee or a worker? How a Scottish couple fought to have their status changed. 

Katie Gollop QC in conversation with Nemone Lethbridge who was called to the Bar nearly sixty years ago. She remembers why she was not allowed to use one particular facility in Chambers.

Finally, as Paddington comes to the big screen again, immigration barrister Colin Yeo explains what the Peruvian bear's status is in England. 

Paddington 2 is directed by Paul King and produced by StudioCanal.

Producers: Diane Richardson & Smita Patel
Editor: Richard Vadon.

Interview with The Lord Chief Justice of England and Wales

Joshua Rozenberg visits a busy Crown Court where vulnerable or intimidated witnesses can give pre-recorded evidence and face cross-examination before the defendant stands trial.

Researcher: Diane Richardson
Producer: Neil Koenig

Help for vulnerable witnesses

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