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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...
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.
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28:27
Genocide, war crimes and justice
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
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28:19
Expert witnesses in criminal trials
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
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27:06
Joint enterprise - what is it and why is it controversial?
A parliamentary inquiry has just started work into the law around Joint enterprise.Joint enterprise is contentious because if a person is seen to be involved in a crime, from knowing about it, to egging someone on, being present, or even 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
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28:30
Miscarriages of justice and the CCRC
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
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.