Law in Action

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Joshua Rozenberg presents Radio 4's long-running legal magazine programme, featuring reports and discussion on matters relating to law

BBC Radio 4


    • May 28, 2025 LATEST EPISODE
    • every other week NEW EPISODES
    • 28m AVG DURATION
    • 104 EPISODES


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    Latest episodes from Law in Action

    Wrongful convictions: why private prosecutions face reform

    Play Episode Listen Later May 28, 2025 28:24


    Wrongful 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

    My data's been stolen in a cyberattack - can I sue?

    Play Episode Listen Later May 21, 2025 28:29


    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 McDermottContributors 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:

    Death and the law

    Play Episode Listen Later Apr 2, 2025 28:27


    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 under false pretences, 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

    The human cost of court delays

    Play Episode Listen Later Mar 19, 2025 28:27


    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.

    Genocide, war crimes and justice

    Play Episode Listen Later Mar 12, 2025 28:19


    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

    Expert witnesses in criminal trials

    Play Episode Listen Later Mar 5, 2025 27:06


    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 McDermottContributors: Retired Crown Court Judge Nigel Lithman KC Amel Alghrani Professor of Law at the University of Liverpool Aejaz Mussa, Barrister, One Law Chambers

    Joint enterprise - what is it and why is it controversial?

    Play Episode Listen Later Nov 27, 2024 28:30


    A parliamentary inquiry has just started work into the law around Joint enterprise, and the Law Commission is also looking at ways to reform the law. It will report back next year.Joint enterprise is contentious because if a person is seen to be involved in a crime - from knowing about it, egging someone on, being present, or being able to predict that someone is likely to use a weapon like a gun - then they could be considered as guilty as the person who pulled the trigger. It has a long history, but in recent times, it has been used as a way of prosecuting murder, especially in cases involving groups of people, when it's not known who carried out a killing. But is it being applied fairly? The CPS says “We choose the right charges for the right people based on the evidence in front of us. We look objectively at the evidence before making our own decisions.and they add that “The CPS carefully monitors joint enterprise prosecutions, with senior legal oversight over every case to ensure that our approach is fair and proportionate.”But campaigners say joint enterprise disproportionately results in working-class and black youths being prosecuted and convicted. Presenter: Dr Joelle Grogan Producers: Ravi Naik, Arlene Gregorius and Bob Howard Editor Tara McDermottContributors: Alexander Hughes, Head Judicial Assistant at The Supreme Court "Cleeshay" who was convicted of murder under joint enterprise Jan Cunliffe, co-founder of Joint Enterprise Not Guilty by Association (JENGbA) Tracey Moloney, solicitor, Moloney family Law Dr Sam Fowles, a barrister and author David Duncan, solicitor and Director of the legal firm Duncan & McConnell in Dundee

    Miscarriages of justice and the CCRC

    Play Episode Listen Later Nov 20, 2024 28:46


    The job of the Criminal Cases Review Commission - or CCRC - is to investigate cases where people may have been wrongfully convicted of a crime in the criminal courts of England, Wales, and Northern Ireland. The CCRC has faced criticism over it's actions - or lack of action - in a high-profile miscarriage of justice. In April this year, the CCRC offered an unreserved apology to Andrew Malkinson. He spent 17 years in prison following conviction for a rape in Salford that he didn't commit. DNA testing which led to his conviction being quashed was not commissioned by the CCRC, and in July, an independent review found that he could have been freed five years after receiving a life sentence in 2003. After the report was published, the Justice Secretary called for the resignation of the chair of the CCRC, Helen Pitcher. However, she said she was still the “best person” for the job and that she had no intention of standing down. So how does the Criminal Cases Review Commission work? How does it make decisions about which cases should go back to the Court of Appeal, and which should be rejected?Also this week: - Are the laws around accessing social care for disabled children too complicated? - And if you're selling your home - are you legally bound to mention problem neighbours? Presenter: Dr Joelle Grogan Producers: Ravi Naik and Nathan Gower Editor: Tara McDermott Production Coordinator: Maria OgundeleContributors Dr Hannah Quirk, a Reader in Criminal Law at King's College London, who also used to work at the CCRC. Professor Alison Young, Commissioner for Public and Welsh Law, the Law Commission. Catriona Moore, policy manager at IPSEA, a charity which helps parents with SEND legislation - Special Educational needs and disabilities. Tracey Moloney, from Moloney Family Law, also known as the Legal Queen on social media

    Inside the Family Courts

    Play Episode Listen Later Nov 13, 2024 32:04


    Last year, more than a quarter of a million cases started in Family Court in England and Wales. Yet, to most people, the way they work is a mystery. Traditionally, they were always held in private, because they discuss sensitive information about peoples' personal lives, and to protect children from harm.Since 2009 reporters have been allowed to attend hearings. But they weren't allowed to tell anyone what was said without the permission of the court, and judges could exclude them.Now, a pilot has been operating in 19 areas across England and Wales to allow journalists and legal bloggers to report Family Court cases, subject to strict rules of anonymity. Last week, it was extended to cover both private and public family cases at magistrates courts in the pilot areas. But will it improve confidence and help people understand how the family courts work? This week, Dr Joelle Grogan is joined by BBC correspondent Sanchia Berg and Lucy Reed KC, chair of the charity, the Transparency Project, to explain how the family courts work, what people attending them can expect, and why the reporting pilot is vital.Presenter: Dr Joelle Grogan Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production Coordinator: Maria OgundeleContributors: BBC Correspondent Sanchia Berg. Lucy Reed KC, family law barrister at St John's chambers, legal blogger, and chair of the Transparency Project. Samantha Woodham, family law barrister at 4PB chambers and co-founder of the Divorce Surgery

    The Renters' Rights Bill

    Play Episode Listen Later Nov 6, 2024 28:30


    In this new series of the Law Show, Dr Joelle Grogan and guests look at the legislation that affects your life. One of the flagship pieces of legislation for the Labour Government is the Renters' Rights Bill - scrapping no-fault evictions, and imposing new obligations and penalties on rogue landlords. How will it benefit tenants and affect landlords? Also on the programme: a raft of new laws are coming into effect this autumn, but who decides when a law becomes active or is enforceable? And family law solicitor Tracey Moloney joins us to look at an aspect of divorce that fills many people with dread: the division of assets. Can your ex claim against property you brought into the marriage? Can they claim your pension? And how can the answers to those questions differ, dependent upon where you live in the UK? Presenter: Dr Joelle Grogan Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production Coordinator: Maria OgundeleContributors Dr Sam Fowles, author and barrister at Cornerstone Barristers Tracey Moloney, from Moloney Family Law, also known as the Legal Queen on social media Dr Christy Burzio, barrister at Tanfield Chambers Sarah Taylor, partner at Excello Law in Bristol

    Traumatised jurors, prenups and Japanese knotweed

    Play Episode Listen Later Jun 14, 2024 28:01


    Weekly conversation led by Dr Joelle Grogan to 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. This week: Traumatised jurors: new research has found that as much as half of people who serve on the juries of gruesome criminal trials, such as child murders or rape, can suffer symptoms of vicarious psychological trauma as a result. A pilot scheme to offer free counselling to affected jurors has now been shelved in England and Wales due to the election. But in Scotland and Northern Ireland support is available. Joelle discusses all this and what else happens on jury service with criminal defence barrister and part-time judge Charlie Sherrard KC, and with author, commentator and barrister Dr Sam Fowles. Prenuptial contracts: what is a "prenup," as they're often called? Should you get one even if you're not wealthy? Are they legally binding in the case of divorce, or not worth the paper they're written on? What do you need to do for the courts to uphold them in the various parts of the UK? Family law solicitor and social media's "legal queen" Tracey Moloney has the answers. And: Japanese knotweed, a fast-growing invasive species so tough it can only be successfully removed by professionals. A Scottish couple has been granted permission by an Edinburgh sheriff to sue the previous owners of their home, who had not declared that there is Japanese knotweed on the property. This case centres around whether or not it counts as an "infestation". Other home seller packs ask about knotweed explicitly. Dr Sam Fowles explains the law, and who you can sue if you find yourself with unwanted knotweed after all. Presenter: Dr Joelle Grogan Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production co-ordinator: Maria Ogundele

    Sewage-polluted waters, Divorce and financial orders, Leasehold reform

    Play Episode Listen Later Jun 5, 2024 28:44


    Weekly conversation led by Dr Joelle Grogan about the law stories making the news and the legal decisions that could have a bearing on everyone in the UK. Whether it's explaining a new law or seeking clarity for you on a legal issue, The Law Show will be your guide.This week:Water: from the cryptosporidium outbreak in tap water in Devon, to E. coli bacteria in the Thames, and sewage in rivers, lakes and seas across the country - what does the law say about clean water? What obligations do water companies have, who enforces this, and who keeps an eye on the enforcers? Do we have a right to clean water to drink or swim in? Joelle explores all this and more with Angus Evers, Partner and Head of Environment Law at Shoosmiths, and with Dr Charlotte Proudman, a barrister and academic. Divorce: in England and Wales, the only divorce available now is no-fault divorce, as a result of a law change that came into force last year. As family law solicitor Tracey Moloney points out though, you also need to get a financial order. If not, your ties haven't been fully severed, and your ex-spouse could make a financial claim in future. In Scotland, you need to prove irretrievable breakdown of the marriage to get a divorce, or that one of you is applying for a gender recognition certificate. In Northern Ireland, you need to cite reasons like adultery, unreasonable behaviour or desertion. And: the Leasehold and Freehold Reform Act 2024 was the last bill that became law just before parliament was dissolved for the general election. Under the Act, which covers England and Wales, leaseholders will gain more rights. For example, it will become easier and cheaper for them to buy their freehold, or extend leases to 990 years. There is also a ban on the sale of all new leasehold houses. But, the Act didn't cap, let alone abolish, ground rent, and hasn't come into force yet...Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production co-ordinator: Maria Ogundele

    Assisted dying, County court judgments, Drill music and ... nakedness

    Play Episode Listen Later May 29, 2024 28:29


    Weekly conversation led by Dr Joelle Grogan about the law stories making the 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.This week:Assisted dying. Jersey, the Isle of Man, and Scotland are all taking steps towards making it legal to help someone die, in very specific and limited circumstances. It's currently a crime punishable by 14 years' imprisonment in England, Wales and Northern Ireland. Dr Joelle Grogan is joined by Professor Emily Jackson of the LSE, a specialist in medical law, and by barrister Dr Charlotte Proudman to navigate the law around assisted dying and to explain the differences between assisted suicide and euthanasia. Is there a point to county court judgements if they can't be enforced? Social media's "legal queen", solicitor Tracey Maloney, answers a question from a listener, who got a county court judgment against a builder, but still hasn't got her money back. Art or evidence? Drill music, with its sometimes violent-sounding words, has been used by the prosecution in criminal trials to help paint a picture of the defendants as gang members. But is it fair to claim lyrics like "try deadin' him" are proof of criminal intent, or are these words just fiction? Senior criminal barrister and co-founder of the "Art not Evidence" campaign Keir Monteith KC argues that drill is being used unfairly against Black boys and young men. The Crown Prosecution Service insists that they “would not use this evidence if it was not relevant.”And a listener asks: is it legal to sunbathe naked in your garden? Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production co-ordinator: Maria Ogundele

    Protest, Lasting power of attorney and the Green belt

    Play Episode Listen Later May 22, 2024 27:35


    Weekly conversation led by Dr Joelle Grogan that gives you an in-depth understanding of the law stories making the 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.This week: Protest law has been tightened up a lot in the last year, giving the police more leeway to stop disruption. But parts of the new powers have now been deemed unlawful by the High Court. So what is and isn't legal when it comes to protest? And how should the police handle protesters? Joelle explores all this with barrister Dr Sam Fowles and with Andy Walker from the College of Policing.Is it legal to build on greenbelt land? Campaigners in Greater Manchester are taking legal action after Bury council announced plans to build 1500 homes on greenbelt.And: why you may need a "Lasting Power of Attorney", even if you're married. If your spouse were to be incapacitated, being next of kin is not enough to make financial or health decisions about them. Social media's "legal queen", solicitor Tracey Maloney, talks us through how and when to get an LPA. Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production coordinator: Maria Ogundele

    Introducing The Law Show

    Play Episode Listen Later May 21, 2024 0:57


    It's a practical guide to navigating the law. Each week Joelle will be joined by a family of experts to offer in-depth understanding of the legal issues making the headlines, and explain how they affect us. 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.

    The Lady Chief Justice

    Play Episode Listen Later Mar 26, 2024 28:59


    Dame Sue Carr, Baroness Carr of Walton-on-the-Hill, is the first Lady Chief Justice, the first woman to hold the role. She gives her first broadcast interview as head of the judiciary of England and Wales to Law in Action, for its farewell edition. She speaks about her priorities, hopes, and concerns, and marks the end of Law in Action by looking back at 40 years in the law. She also picks her favourite editions of the programme, and closes with a tribute to presenter Joshua Rozenberg. Lord David Pannick KC is widely regarded as the most successful lawyer of his generation practising in his chosen area of the law, public law. Things might have turned out differently though: he had been approached to host Law in Action originally, and presented the pilot edition of the programme, produced by Joshua. He too looks back over the last 40 years and finds that much has changed in court. We then look ahead to the future, and the next generation of those grappling with the law: we join 15-year old GCSE students at Trinity Academy in Brixton, south London, as they are taught The Big Legal Lesson - as part of a campaign by the charity Young Citizens. What do they make of the law? Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production Coordinator: Katie Morrison Editor: Clare Fordham

    Criminal damage defence limited

    Play Episode Listen Later Mar 19, 2024 28:47


    Following a Court of Appeal ruling this week about a case referred to the senior judges by the Attorney General, those charged with criminal damage for actions like throwing red paint at a building as a protest, can no longer use a certain defence to be acquitted. Parliament had intended the defence for different circumstances. Protesters used to be able to claim that had the owners of the damaged property known of the reasons for the damage, such as to highlight climate change, they'd have agreed to it. The Attorney General, Victoria Prentis KC MP speaks exclusively to Joshua Rozenberg about what this victory means. Prisons are almost full, and to help make room, the Justice Secretary Alex Chalk KC MP has announced that prisoners meeting certain criteria can be released up to two months early. Prison campaigners must be pleased, or are they? Andrea Coomber KC (hon), chief executive of the Howard League for Penal Reform, has a more mixed reaction. How are prisons in England and Wales dealing with inmates with severe mental health needs? Independent Monitoring Boards (IMB), which are often called the eyes and ears of the public in prison, believe that too often prisons rely upon tough segregation units to manage inmates with mental health needs. IMB volunteers share their observations, and Elisabeth Davies, IMB National Chair, calls for a faster transfer to secure hospital units instead. Awaab Ishak was aged just two when he died as a direct result of exposure to mould in the home his family rented from Rochdale Boroughwide Housing. The coroner issued a Prevention of Future Deaths report as a result, but it was only following a campaign by Awaab's parents and others that the law was changed. Awaab's Law, as it's being called, will specify the timeframes within which social landlords have to respond to complaints of mould. We hear from barrister Christian Weaver of Garden Court North, who represented Awaab's family.Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Clare Fordham Production coordinator: Katie Morrison

    Fighting Knife Crime

    Play Episode Listen Later Mar 12, 2024 28:57


    How do we prevent young people from becoming involved in knife crime? Joshua speaks to 'Jay' who began carrying a knife in his early teens before being helped to change his perspective, and his life.We explore the link between school exclusions and crime, and hear that workshops using graphic evidence to deter young people from carrying a knife can be counterproductive. We also find out about innovative policing methods to deter young people from carrying knives, or, if they've been caught already, try and get them back onto the right track without prosecuting them in court or sending them to prison. Can treatments like cognitive behavioural therapy and mentoring, as well as help with education or employment, help young people turn their lives round?Contributors: 'Jay' who carried knives as a young person Robin Lockhart, Director of Development, Catalyst in Communities Dr Charlotte Coleman, Deputy Head of Psychology, Sheffield Hallam University Aika Stephenson, Co-Founder and Legal Director, Just for Kids Law Dr Peter Neyroud, Associate Professor, Cambridge University Institute of Criminology Bruce Houlder KC, founder, Fighting Knife Crime LondonProducer: Arlene Gregorius Researchers: Marianna Brain and Diane Richardson Editor: Tara McDermott Production Coordinator: Katie Morrison

    The Post Office scandal

    Play Episode Listen Later Mar 5, 2024 29:00


    The Post Office scandal is one of the UK's most widespread miscarriages of justice, with hundreds of people wrongfully convicted of theft or false accounting. In most of these cases, the Post Office was the investigator, prosecutor and the alleged victim.Did Post Office lawyers act unethically by failing to disclose evidence that might have helped the people they were prosecuting? Might they face criminal proceedings for attempting to pervert the course of justice?The Post Office no longer brings private prosecutions in cases such as this. But should we still be allowing anyone apart from a public prosecutor to bring criminal proceedings in the name of the state?Presenter: Joshua Rozenberg Producers: Arlene Gregorius and Diane Richardson Researcher: Marianna Brain Editor: Clare Fordham Production coordinator: Maria Ogundele Sound engineer: Neil Churchill

    Jury conscience, resolving conflicts in space, and the law of Treasure Trove in Scotland

    Play Episode Listen Later Nov 14, 2023 28:41


    Can juries acquit a defendant as a matter of conscience? For example, if people are accused of causing criminal damage as part of a protest, could the jury find them innocent despite the judge's directions? Joshua speaks to Clive Dolphin from Defend our Juries; Richard Vogler, Professor of Comparative Criminal Law & Criminal Justice, University of Sussex, and Tana Adkin KC, Chair of the Criminal Bar Association. There are currently around 5000 active satellites in space and that's expected to rise to 100,000 by 2030. Satellites generate debris, too, and even a tiny fleck of paint can cause serious damage when colliding with something else, due to the speeds involved. But who is liable if one satellite damages another? Joshua asks Rachael O'Grady, Partner at Mayer Brown if international space law is keeping up with technology. If you find treasure in Scotland, can you keep it and will the finder receive a reward for declaring it? We hear from Glasgow University student Lucy Ankers who discovered a hoard of coins thought to be linked to the 1692 Glencoe massacre and Bobby Sandeman, Chief Executive of King's and Lord Treasurer's Remembrancer. Presenter: Joshua Rozenberg Producers: Diane Richardson and Arlene Gregorius Sound: Graham Puddifoot and James Beard Editor: Carl Johnston

    Deepfakes and the Law

    Play Episode Listen Later Nov 7, 2023 28:42


    What if someone uses AI to create a fake version of your voice for their own aims? Recently, the actor, broadcaster and writer Stephen Fry found that someone had recreated his voice to narrate a documentary without his knowledge. What does the law have to say about deepfakes? What are your rights, and in which circumstances could someone be sued, or prosecuted? Associate solicitor Oliver Lock of Farrer & Co explains what the law can, and can't do. Creating fakes with AI, and the software to detect them, is a growing field. The same is true of forensic speech recognition, which is done both by ear and machine and can help the police or a court identify whether a recording is the voice of a suspect, for example. Dr Anil Alexander of Oxford Wave Research Ltd plays some samples to presenter Joshua Rozenberg. Can he guess them right? And what other uses are there for this technology in law enforcement? Forensic scientists are often called upon to give evidence in court, as are doctors. These expert witnesses are crucial, but things can go wrong. Some find cross-examination so bruising that they don't want to repeat it. Others fear for their reputation, if they're pushed into saying something they hadn't meant to say. Baroness Professor Sue Black is a leading forensic anthropologist and shares her thoughts. Sometimes barristers and judges are out of their depth on the science of a case. One solution to this problem has been put forward by the independent scientific academy the Royal Society, with the Royal Society of Edinburgh: subject-specific primers on relevant topics. As Dame Dr Julie Maxton, executive director of the Royal Society explains, leading scientists write and peer-review the primers, such as on ballistics or DNA, and senior judges cross-check them from the legal perspective. The primers are online, aimed at judges but available for everyone. The hope is that if barristers fail to ask the right questions on the science, judges who've read the primers can then do so instead. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Clare Fordham Sound engineers: James Beard and Rod Farquhar Production Coordinators: Maria Ogundele and Rosie Strawbridge

    Prison sentences: too long or too short?

    Play Episode Listen Later Oct 31, 2023 28:49


    Last week, the House of Commons Justice Select Committee published a wide-ranging report about sentencing and public opinion. On the one hand, it said we shouldn't ignore what people think. On the other hand, MPs found that many people didn't understand how sentencing worked. The justice committee's own research confirmed this lack of understanding. The committee's chair, the Conservative MP Sir Bob Neill, also points out the cost of longer sentences: £47,000 per prisoner per year. Despite that level of expenditure, all is not well in the prisons of England & Wales. Self-harm, suicide and assault rates are all up. Prison officers are "voting with their feet," says Professor Alison Liebling, director of the Prisons Research Centre of Cambridge University's Institute of Criminology. She has been doing research in prisons for nearly 35 years, and thinks that this is "the most unstable, and unsafe period [she's] known". But she also has some suggestions for how to improve matters, and to free up prison spaces. There's been yet another mass shooting in the United States, again involving a military-style assault weapon. Rather than try for tighter gun control to stop these killings, some people are taking the gun manufacturers to court instead. Chicago-based lawyer Antonio Romanucci is acting for many of those affected by a shooting in Chicago on Independence Day last year. They're bringing a civil claim under consumer marketing laws. Could it be successful? The Scottish government is planning to give the people of Scotland new, enforceable human rights. These would largely be economic, social and cultural rights, as opposed to the current civil and political ones like freedom of speech. The plan is to incorporate several international treaties into Scottish law. The UK is a signatory to these treaties already, but the rights they proclaim can't be enforced through the courts. A new Human Rights bill in Scotland would change that. But could it avoid being scuppered by the limits of devolution? Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production Coordinator: Maria Ogundele Sound engineers: Neil Churchill and Graham Puddifoot

    Exporting prisoners, is Joint Enterprise racist, and Gaza-Israel

    Play Episode Listen Later Oct 24, 2023 28:59


    Following the events of the 7th October in which around 1400 people were killed in Israel and over 200 taken hostage, Israel has been striking back against Hamas in Gaza. What does international law say about self-defence and proportionate responses to attacks? Joshua Rozenberg asks expert Professor Guglielmo Verdirame KC of Kings College. The government is proposing to rent prison space abroad, due to a risk of prison overcrowding here. There is precedent: Norway sent prisoners to a Dutch prison, for example. How did that work out in practice? What lessons were being learnt? Prisons expert Professor Alison Liebling of Cambridge University has studied and evaluated the Norwegian-Dutch case. How safe are Joint Enterprise convictions for murder? As a result of legal action on behalf of JENGbA (Joint Enterprise Not Guilty by Association), the Crown Prosecution Service has started to gather, and publish, data about those charged with Joint Enterprise homicide or attempted homicide. The figures show that young black men are vastly overrepresented among those charged under the Joint Enterprise doctrine. The convictions are difficult to appeal, as the threshold is high. In 2016 the Supreme Court admitted the law had "taken a wrong turn" on Joint Enterprise for 30 years. What went wrong, and is it being put right? We hear from Professor Felicity Gerry KC, who led the defence in the 2016 Supreme Court case, and from someone who served a Joint Enterprise sentence for murder, even though he says he was not present at the killing and only found out about it afterwards. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Clare Fordham Sound engineers: Neil Churchill and Rod Farquhar Production coordinator: Maria Ogundele

    The new Secretary of State for Justice and Lord Chancellor, Alex Chalk KC MP

    Play Episode Listen Later Jun 13, 2023 28:32


    The new Secretary of State for Justice and Lord Chancellor Alex Chalk KC MP speaks to Joshua Rozenberg. How does he respond to criticisms levelled at the reforms of the Parole Board proposed in the Victims and Prisoners Bill? And how does he reconcile his wish to "provide individuals with the due process which is the hallmark of our legal system" with some aspects of the Home Office's Illegal Migration Bill, that aims to stop people crossing to the UK in small boats? Mr Chalk also speaks about new measures to protect investigative journalists from malicious libel actions, and confirms that the new Lord Chief Justice will be a woman, for the first time in a thousand years. Most of the senior judges in England and Wales are male, white, middle-aged and former barristers. The new head of the Judicial Appointments Commission, Helen Pitcher, in her first broadcast interview, tells Joshua that diversity is very important and admits its an issue in the judiciary. So how will she increase it? We hear about projects and research to help remove barriers and ensure senior judges reflect the society they serve. What is it like to do your job after a diagnosis of Parkinson's? The condition affects people differently, but many have a tremor, fatigue, reduced mobility in their arms, legs, or both, and some can have depression. Joshua meets a High Court judge, Sir Nicholas Mostyn, to find out how he has been able to carry on working despite the condition. What are employees' rights in this case? And what is it like for those in other lines of work? We also hear from a nurse with Parkinson's on how she does it. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Bethan Ashmead Latham Production Coordinator: Maria Ogundele Editor: Clare Fordham

    How well is the Parole Board protecting the public?

    Play Episode Listen Later Jun 6, 2023 28:01


    Is the Parole Board getting it right with prisoner releases? Last year, the then Lord Chancellor and Secretary of State for Justice Dominic Raab thought not, and introduced reform proposals to, as he saw it, re-prioritise public protection and trust in justice. These proposals are in the Victims and Prisoners Bill that's now before parliament. But the Parole Board tell Joshua Rozenberg that public protection is their top priority anyway, and that only 0.5% of those they release go on to commit other serious offences. What can the law do when a husband takes his wife on a trip abroad, such as to his or her country of origin, and abandons her there, without the means to return? Typically in such cases, the man confiscates his wife's passport, documents and mobile phone, and then returns to the UK without her. If there are any children, the husband takes those with him, leaving the wife and children separated from each other. Often, the wife's right to live in or return to the UK is tied to her marital status. We hear from someone who became a victim of "transnational marriage abandonment" as it's called, when she was taken back to India. Artificial Intelligence or AI is changing how we live and work. Generative AI is able to produce written texts and many other types of content, including soon perhaps legal documents. Could such AI be used to deliver justice more quickly and cheaply than lawyers and judges? What safeguards should there be? And could it help clear huge backlogs in the courts? Joshua speaks with Professor Richard Susskind, one of the world's leading experts on AI and the law. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Bethan Ashmead Latham Production Coordinator: Maria Ogundele Editor: Clare Fordham

    Climate Change Challenging the Law

    Play Episode Listen Later May 30, 2023 28:46


    The law is having to deal with new challenges due to climate change. Is it a human right to be protected from global warming? Do the 46 member states of the Council of Europe have to reduce carbon emissions faster to protect their citizens' right to life? The European Court of Human Rights in Strasbourg has been asked to rule on these questions. We hear about the case of the Swiss 'Klimaseniorinnen', elderly women arguing that climate change-induced heatwaves threaten their lives. The little-known Energy Charter Treaty enables companies to sue governments for compensation for the loss of predicted profits, if signatory states reduce the value of contracts such as by banning new fossil fuel extraction projects. Could this deter countries from passing the carbon-reduction measures necessary to combat climate change? Or is the ECT a tool worth keeping, as it also protects renewable energy contracts that governments promised subsidies for? What are the ethical choices for climate-conscious lawyers when it comes to either representing fossil fuel companies, or prosecuting climate change protesters? Could, or even should, lawyers refuse to act for certain clients, or to prosecute certain defendants? What's more important: fighting global warming or ensuring access to justice for all and upholding the rule of the law as it stands? We discuss the dilemmas, and some new guidance for lawyers. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Bethan Ashmead Latham Production Coordinator: Maria Ogundele Sound Engineer: Neil Churchill Editor: Simon Watts Photo of Swiss 'Klimaseniorinnen' activists at Strasbourg on 29.3.2023: © Greenpeace / Shervine Nafissi

    How to Improve Rape Trials

    Play Episode Listen Later May 23, 2023 28:48


    Conviction rates for rape trials are lower than those for other criminal trials, and the court experience can be intrusive and harrowing for survivors. The Law Commission of England and Wales (the independent body that advises the government on law reform), has just published a new consultation paper for how to change this. Criminal law commissioner Prof Penney Lewis, and before her Independent Sexual Violence Adviser Annabelle Edwards of Rape Crisis, speak about the reforms they'd like to see. The Scottish government's Victims, Witnesses and Justice Reform (Scotland) bill also aims to improve rape trials. If passed, it would abolish the "not proven" option for acquittal, create specialist rape courts, and controversially establish the option of judge-only, non-jury trials as a pilot scheme, as it's feared rape myths might influence some jurors. Fiona Leverick, professor of Criminal Law and Criminal Justice at the University of Glasgow and Tony Lenehan KC, president of the Faculty of Advocates' Criminal Bar Association discuss the bill. The Hollywood stars and former married couple Johnny Depp and Amber Heard faced each other during two separate libel trials that asked whether or not Mr Depp physically abused Ms Heard. Depp lost the first case, against the owners of the Sun newspaper. It was heard by a judge in the High Court in London. Depp won the second case, against his ex-wife, decided by a jury in the United States. Nick Wallis is the only journalist to have covered both trials. He contrasts them in his new book "Depp v Heard, the Unheard Story". Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Bethan Ashmead Latham Sound engineer: Neil Churchill Editor: Clare Fordham Production Coordinator: Maria Ogundele

    The Legacy of the Good Friday Agreement

    Play Episode Listen Later Mar 28, 2023 29:11


    For a special edition recorded on location in Belfast, Joshua Rozenberg returns to Northern Ireland 25 years after the signing of the Good Friday Agreement, which he reported on at the time. Meeting old contacts and new, he finds out what it took to get the negotiations over the line and what legacy the ground-breaking peace deal has had. He also hears about the challenges involved in achieving justice for the murders that remain unsolved; what problems remain with paramilitaries; and the UK government's attempt to bring about reconciliation. Will its Northern Ireland Troubles (Legacy and Reconciliation) Bill help, or rub salt in old wounds? And on the legal differences between Northern Ireland and Great Britain, Joshua meets a campaigner who had to travel to England to have an abortion. As a result of an intervention by the Westminster government, terminations have since become legal (up to a point in the pregnancy), but some women still have to leave Northern Ireland to have the procedure. Guests: Denis Murray, former BBC Ireland correspondent Peter Sheridan, former senior police officer, now CEO of Cooperation Ireland Louise Mallinder, professor of law at Queen's University Belfast Naomi Connor, co-convener of Alliance for Choice Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production coordinators: Maria Ogundele and Sabine Schereck Studio engineer: Graham Puddifoot Editor: Simon Watts

    The State of Prosecutions

    Play Episode Listen Later Mar 21, 2023 28:36


    New evidence shows that if a rape case actually comes to court, then - despite popular perceptions - juries are more likely to convict than not, says Professor Cheryl Thomas of UCL. The UK's forensic science used to be considered the gold standard, but no longer. The risk of miscarriages of justice is growing. And now a new Westminster Commission is trying to find out what went wrong. Joshua talks to its co-chair, leading forensic scientist Dr Angela Gallop CBE, and to criminal defence barrister Katy Thorne KC. The Director of Public Prosecutions Max Hill KC speaks to Joshua about all this, and about his record as the head of the Crown Prosecution Service. Max Hill also breaks the news that he will not seek a second term. From Epstein to Trump: are America's rich and powerful above the law? The former New York prosecutor and now CNN's senior legal analyst Elie Honig argues that they are, and has just written a book about this: 'Untouchable — How powerful people get away with it'. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Simon Watts Sound engineer: James Beard Picture credit: Nicholas Posner

    Strikes Minimum Service Levels

    Play Episode Listen Later Mar 14, 2023 28:41


    There are strikes again this week, by junior doctors, and train and tube drivers. The government's Strikes (Minimum Service Levels) bill aims to require sectors like health, education and transport to provide a "minimum" of services even on strike days. It would let employers, including government departments, issue "work notices" - lists of which staff have to work on strike days. But how will they decide who should be on the "work notice"? When someone is seriously ill, they or their family are often faced with other problems, such as a sudden drop in income, or unsuitable housing. Many don't know what help they're entitled to, or how to get it. Joshua Rozenberg visits a "Health Justice Partnership", where doctors and legal advisers are located in the same building, and patients are referred to the advice team. He finds it's making a big difference to families. When a piece of Artificial Intelligence software learns about images by being fed pre-existing, copyrighted versions of images, and then goes on to produce a new image of its own, is that a breach of copyright? That's what the High Court in London will have to decide, in a case in which Getty Images - a digital picture library - is suing Stability AI, whose artificial intelligence image-generating software was trained with a very large number of images, including (but not only) Getty's. The court's decision will in effect become new law. What impact could it have on the digital, creative sector? Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Simon Watts

    Justice for Ukraine

    Play Episode Listen Later Mar 7, 2023 29:12


    A year after Russia's invasion of Ukraine, Joshua asks Attorney General Victoria Prentis MP and Professor Philippe Sands KC how the law can help to deliver justice for Ukraine. Could Russia's leaders be tried for the crime of aggression? What can be done about the form of potentially abusive litigation known as a SLAPP? Plus, we meet the Ukrainian lawyers brining their skills to the UK. Presenter: Joshua Rozenberg Producer: Diane Richardson Editor: Simon Watts Production Co-ordinators: Maria Ogundele and Sabine Schereck Sound Engineer: James Beard

    Full-length interview with Robert Spano, recent president of the ECHR

    Play Episode Listen Later Nov 18, 2022 31:24


    The international lawyer Robert Spano, originally from Iceland, has just completed his nine-year stint as a judge at the European Court of Human Rights in Strasbourg. For the last two and half of those nine years, he was the president of the court. In an exclusive interview with Joshua Rozenberg, he shares his thoughts on the relationship between the UK and the ECHR, on the Justice Secretary Dominic Raab's planned Bill of Rights, and on the future of democracy in Europe. Photo credit: Picture Credit: Image of Robert Spano, former President of the ECHR by Candice Imbert, Council of Europe. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Sound engineers: James Beard in London and Matthieu Zisswiller in Strasbourg Researcher: Diane Richardson Production coordinator: Helena Warwick-Cross Editor: Simon Watts

    The UK and the European Court of Human Rights

    Play Episode Listen Later Nov 15, 2022 28:56


    Is the UK on a collision course with the European Court of Human Rights in Strasbourg? So far the UK's relationship with the ECHR has been a good one, and the UK has proportionately fewer cases before the court than the other 45 member states. But might Justice Secretary Dominic Raab's Bill of Rights bill change that? Former judge Robert Spano, the president of the ECHR until last month, speaks to Joshua Rozenberg. Is it time to improve the legal protection of the UK's 3.6 million cohabiting couples? Many wrongly believe that after a period of time together or having children, they have similar rights to married couples or people in civil partnerships. But that is not the case, and the government recently rejected the House of Commons Women and Equalities Committee's recommended reforms. In Scotland, cohabiting couples gained some statutory rights for the first time in 2006, but a report by the Scottish Law Commission now says that they need to be updated and made fairer. What is mine and what yours? Not always easy to answer. Say you're on a plane, and are using your tray table when the person in front of you reclines their seat - who owns the space above your knees? You or the other passenger? The authors of the book 'Mine!' tackle some ownership conundrums. And to end the series we hear some powerful reflections from Robert Spano on the future of democracy. Picture Credit: Image of Robert Spano, former President of the ECHR by Candice Imbert, Council of Europe. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production co-ordinators: Maria Ogundele and Helena Warwick-Cross Sound engineer: Graham Puddifoot Editor: Simon Watts

    Protest and the Law

    Play Episode Listen Later Nov 8, 2022 28:51


    Climate change activists have caused a lot of disruption over the past year, and recently also made headlines with stunts like throwing tomato soup at a Van Gogh painting in the National Gallery. The government's response has been to tighten up protest law; first in the Police, Crime, Sentencing and Courts Act 2022 and now in the Public Order bill currently going through Parliament. What is and isn't illegal now? What could become illegal soon? And how are the police interpreting new laws that rely on their discretion, such as whether a protest is too noisy? Can rap lyrics amount to confessions to murder? Song lyrics are usually understood to be fiction - Tom Jones's 'Delilah' isn't an admission that the Welsh singer actually stabbed an unfaithful girlfriend, and Bob Marley never "shot the sheriff". But in California rap lyrics have been presented as evidence in criminal prosecutions in such a way that the state has now legislated to restrict the use of those lyrics in trials. And a murder conviction has been overturned, and a retrial ordered, for a rapper convicted on the grounds of his lyrics. Where would you go for free legal advice? Probably not a university, but in Liverpool people can now get appointments with law students at Liverpool John Moores University, who will conduct an interview them and produce a letter of advice, all under the supervision of solicitors, and free of charge. There's something in it for the students too: they gain practical experience which counts towards their course, and later on towards their qualifying examination. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production coordinators: Maria Ogundele and Helena Warwick-Cross Sound engineer: James Beard Editor: Simon Watts

    Scrapping European law

    Play Episode Listen Later Nov 1, 2022 28:36


    The government is currently committed to a bonfire of laws which were inherited from the EU after Brexit - including things like the right to four weeks' paid annual leave. The Retained EU Law (Revocation and Reform) Bill 2022 requires government departments to check over 2400 laws; then decide which ones to keep, which ones to amend, and which ones to let disappear from the statute books. Those chosen to be kept or amended will have to get through parliament by the end of next year, if they are to remain in force. A useful cleansing of the statute books, or a loss of consumer, worker and environmental rights? Why does Northern Ireland's Justice Minister want to raise the age of criminal responsibility? It's currently set at the age of ten, the same as that of England and Wales, although not Scotland. This is very low by international standards. Are young adult defendants being unfairly pressurised into pleading guilty? The campaigning organisation Fair Trials says that 18-24-year olds sometimes get as little as 30 minutes to make a potentially life-changing decision. There is an incentive of getting a third off a prison sentence for pleading guilty at the first opportunity - Fair Trails say young defendants can fail to realise the long-term consequences of making such a plea. Can podcasts help bring about justice or do they run the risk of prejudicing trials? We hear about the Australian true crime podcast ‘The Teacher's Pet', which has now helped solve a murder from 1982. The victim's husband was convicted and is about to be sentenced. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Sound engineer: Graham Puddifoot Production Co-ordinators: Maria Ogundele and Helena Warwick-Cross Editor: Simon Watts

    Secrecy in the Court of Protection?

    Play Episode Listen Later Oct 25, 2022 29:02


    How can a court decide that a young woman is to have medical treatment without her knowledge or that of her mother or guardian? The Court of Protection - which rules on cases involving 'protected' persons who lack the mental capacity to make decisions for themselves - sometimes holds 'closed hearings' that are secret to one or more of the parties, and to the public. Why are those hearings used, and can it ever be justified for the secrecy to lead to public misinformation? The law now treats animals very differently than in the past. A new book describes how in medieval Europe, they could even be prosecuted - in one case, a pig was actually sentenced to death for the murder of a child. But nowadays cases involving animals focus on their welfare. A campaigning organisation has been granted a court hearing to examine if the breeding of Britain's fast-growing broiler chickens is detrimental to their health and welfare, and therefore in breach of the law. Nearly 3000 prisoners are continuing to serve more than their original sentence - sometimes over a decade more - because they are subject to “Imprisonment for Public Protection”. Some have never been released, others have been recalled to prison, even though IPP sentences were abolished in 2012. The Justice Select Committee has now called on the Government to review these sentences, with the aim of release for most. Members of the House of Lords agree, saying this form of detention is unjust. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production coordinators: Maria Ogundele and Helena Warwick-Cross Editor: Simon Watts

    Prison Education

    Play Episode Listen Later Jul 5, 2022 28:52


    Prison education is “chaotic”, says the House of Commons Education Select Committee, and often “inadequate” says Ofsted. Yet, if done right, it can help reduce offending, and the number of victims, by giving prisoners the skills they need to get a job upon release. It's no small task. Over half of prisoners have reading ages below 11. A large proportion have special educational needs. Many were expelled from school and have no qualifications. Yet education doesn't seem to have been a priority. Now the government has promised a "step-change" for an improved Prisoners Education Service for England and Wales in its White Paper. Can it deliver? In a special edition of Law in Action Joshua Rozenberg speaks to people whose expertise and experience spans the spectrum of prison education: • Chief Inspector of Prisons Charlie Taylor • Chair of the Education Select Committee Robert Halfon MP • Governor Steven Johnson, Head of Reducing Reoffending at HMP Leeds, who speaks on education for the Prison Governors Association • Open University criminology lecturer, manager for students in secure environments, PhD candidate and former prisoner Stephen Akpabio-Klementowski • David Breakspear, former prisoner and prison education campaigner • Joe Tarbert, Employment Support and Partnerships Manager at Redemption Roasters • Neah, former prisoner and trainee barista at Redemption Roasters Joshua puts some of their concerns to the Prisons Minister Victoria Atkins MP, and hears about the government's plans to improve prison education. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Editor: Hugh Levinson Production coordinator: Maria Ogundele and Helena Warwick-Cross Sound engineer: Rod Farquhar

    Human Rights: Reforming the Law

    Play Episode Listen Later Jun 28, 2022 28:38


    Can the proposed British Bill of Rights be compatible with international law? Joshua Rozenberg speaks to Mark Elliott, Professor of Public Law and Chair of the Faculty of Law at the University of Cambridge. How can law firms become more welcoming to people with disabilities? Law in Action's Octavia Woodward tests the wheelchair access at Barristers' Chambers 7 Bedford Row. Plus barristers Holly Girven and Disability's Not a Bar co-host Haleemah Sadia Farooq share their experiences of disability and the law. Do we need a change in the law to bring more cases of corporate fraud to court? The Director of Public Prosecutions sets out his plans. Also what makes a good judge? "If the party that loses pays you a compliment, then I feel that's a job well done." Lady Rose of Colmworth, justice of the UK Supreme Court talks about balancing fairness and empathy. Presenter: Joshua Rozenberg Reporter: Octavia Woodward Sound: Neil Churchill Production Coordinators: Maria Ogundele and Helena Warwick-Cross Producer: Diane Richardson Editor: Hugh Levinson

    Why do so few rape cases go to court?

    Play Episode Listen Later Jun 21, 2022 28:31


    Explaining the barriers to conviction at every stage of the criminal justice system. Prosecutions for the crime have declined by 40% over the last four years in England and Wales, although they have gone up in Scotland and Northern Ireland. And yet the number of cases reported to the police is higher than ever. What is going wrong? And what needs to change so that more survivors get justice - and to reduce the threat from rapists? Joshua Rozenberg is joined by a specialist panel drawn from across the criminal justice system, to find out where the problems lie. They debate what could be done differently, so that fewer cases result in no further action being taken, or with survivors dropping out of the legal process. And he hears first-person testimony from a woman who was raped, who describes her subsequent experience with police and prosecutors. Panellists: - Alice Kelly, Deputy Chief Crown Prosecutor for the Southeast, Crown Prosecution Service - Betsy Stanko OBE, emeritus Professor of Criminology, strategic advisor to the Home Office's Operation Soteria Bluestone, and formerly of the Mayor's Office for Policing and Crime - Claire Waxman OBE, Victims Commissioner for London - Kirsty Brimelow QC, Vice Chair of The Criminal Bar Association - Sarah Crew, Chief Constable of Avon and Somerset police and National Lead for rape and serious sexual offences at the Police Chiefs Council - Wendy Williams CBE, Her Majesty's Inspector of the Constabulary for the Wales and Western Region Presenter: Joshua Rozenberg Producers: Arlene Gregorius and Ben Cooper Researcher: Diane Richardson Production coordinator: Maria Ogundele Sound recording: James Beard Sound mixing: Neil Churchill

    Investigating War Crimes in Ukraine

    Play Episode Listen Later Jun 14, 2022 28:33


    "We can't conduct effective, timely investigations by remote control in The Hague." International Criminal Court prosecutor Karim A. A. Khan QC speaks about the efforts and challenges facing investigators on the ground in Ukraine. Why lawyers in Scotland are boycotting some domestic abuse cases in a dispute about legal aid. Plus, if you place a bet on a winning horse, does the bookmaker have to pay out if they make a mistake? Presenter: Joshua Rozenberg Producers: Diane Richardson and Arlene Gregorius Production Coordinators: Maria Ogundele and Helena Warwick-Cross Editor: Hugh Levinson

    The Justice Secretary's Plans

    Play Episode Listen Later Mar 22, 2022 29:31


    Justice Secretary Dominic Raab speaks to Joshua Rozenberg about the UK's support for the International Criminal Court's efforts to prosecute any Russians who may have committed war crimes in Ukraine. He outlines plans to boost the legal aid budget, and thus the incomes of criminal barristers - but when will they actually get any of the money? Mr Raab also explains why he is replacing the Human Rights Act with a new Bill of Rights. The vast majority of senior judges are former barristers, and most are white men. Is the recruitment system skewed against solicitors and minorities? Solicitors insist it is, but the Judicial Appointments Commission strongly denies this. Joshua hears the arguments on both sides. “No fault divorce” is set to come into effect in April. Will it free couples from unnecessary acrimony and costs, or make it too easy to split up? Producer: Arlene Gregorius Researchers: Octavia Woodward and Imogen Serwotka Production Coordinators: Maria Ogundele and Jacqui Johnson Sound: Rod Farquhar Editor: Hugh Levinson

    Libel tourism

    Play Episode Listen Later Mar 15, 2022 28:37


    Has silencing journalists with libel claims now become harder? The High Court dismissed a suit by a Kazakhstan company against journalist Tom Burgis, author of 'Kleptopia'. The phenomenon of foreign individuals or companies using the favourable libel laws and high financial risks of the system in England and Wales is sometimes called "libel tourism" or even "lawfare". Some fear it has allowed Russian oligarchs in particular to stifle criticism. Joshua Rozenberg asks if this case could signal the end of that trend. Class actions, or collective actions as they're called in the UK, are new on this side of the Atlantic. How do they work, and could millions of passengers stand to benefit from a case against some rail companies? A little-noticed part of the Police, Crime, Sentencing and Courts Bill would criminalise trespass and "residing, or intending to reside, on land without consent in or with a vehicle". Gypsy, Roma and Travellers say that threatens their lifestyle and makes nomadism illegal. But the Government argues it would prevent "boundless misery to local communities without consequence". Joshua hears the arguments on both sides. Producer: Arlene Gregorius Researchers: Octavia Woodward and Imogen Serwotka Sound: Rod Farquhar Production Coordinators: Maria Ogundele and Jacqui Johnson Editor: Hugh Levinson

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