Judge Lower was right not to lift the Sexual RIsk Order on John O’Neill

We must wait until 22nd September to discover exactly what District Judge Adrian Lower has in mind for John O’Neill, the York man who, despite having been acquitted of a charge of rape, is now not allowed to have sex unless he gives the police at least 24 hours notice of his intention.

Mr O’Neill has been subject to a peculiar and, as far as I know, unique interim “Sexual Risk Order” since January. At a hearing yesterday the judge announced that he would be making a final order, although in the same breath he also strongly implied that he would amend its terms, describing the notice provisions as “wholly disproportionate” and “frankly unpoliceable.” Continue reading “Judge Lower was right not to lift the Sexual RIsk Order on John O’Neill”

Professor Jay was brave but wrong to agree to chair the child abuse inquiry

I hate to be Cassandra yet again, but Amber Rudd has made the wrong decision in appointing Alexis Jay as the new Chairman (and like it or not, “Chairman” is the word used in the Inquiries Act 2005 under which she has been appointed) of the “independent inquiry into child sexual abuse” (“IICSA”); and Professor Jay was wrong to accept the appointment.

This is not, as some have suggested, because a social worker like Professor Jay is in some way compromised when the Inquiry examines the conduct of other social workers. She has in fact been an inspector of social work since 2005, criticism of other social workers has been her business for some time and she is well qualified to comment on social work failings should she come across any.

Nor is it because of any personal failings. Many of those who have worked with Prof Jay speak highly of her, and her report into sexual exploitation in Rotherham between 1997 and 2013 has been widely praised. Continue reading “Professor Jay was brave but wrong to agree to chair the child abuse inquiry”

You don’t need to be a terrorist to commit a terrorist offence

I am grateful to a reader for pointing out that I have committed an offence under S.58A of the Terrorism Act 2000.

This morning the Daily Mail published a story about various senior police officers who have apparently been very well paid. Foremost in the Mail’s sights was Stephen Kavanagh, Chief Constable of Essex. Continue reading “You don’t need to be a terrorist to commit a terrorist offence”

Goddard was right to resign. The child sex inquiry now needs a complete reboot.

Justice Lowell Goddard’s resignation as the Chair of the Independent Inquiry into Child Sexual Abuse has taken us by surprise, but it should not have done. Over 2 years have now passed since Theresa May announced the inquiry, and so far it has achieved almost nothing tangible at all, except to lurch from crisis to crisis: it has now lost with 3 chairs, various “panel members”, and an unquantifiable tranche of written evidence submitted between 14th September and 2nd October last year which was “instantly and permanently deleted” due to a computer malfunction.

In due course it may become clear whether the new Home Secretary, Amber Rudd, pushed her, or whether Goddard simply decided enough was enough: the news yesterday that she had spent 70 days of the last year out of the country, suggests that she had little appetite for the job and my hunch is that she simply decided to walk away. Continue reading “Goddard was right to resign. The child sex inquiry now needs a complete reboot.”

Don’t Worry, Be Happy About Brexit. Every Little Thing’s Gonna Be Alright.

I am very grateful to Philip Sinclair, Head of Maidstone Chambers, for this guest post which came about in this way:

Brexit tweets David Allen Green

You may have caught an interesting piece by David Allen Green in yesterday’s Financial Times. If you haven’t, it’s worth a few minutes of your time, but in essence his argument was that the Government is totally unprepared for the Brexit negotiations, not only does it not have a plan, it doesn’t even know what it should be planning for.

I tweeted my approval of the thrust of the piece, and Philip replied that he couldn’t have disagreed with it more. Someone suggested that he write a reply, which to his credit he has done overnight, seemingly while driving through France. He has very generously agreed to let me publish it below.

In the days after the Brexit vote, many Remainers were in shock and denial. Some remain in denial still. Continue reading “Don’t Worry, Be Happy About Brexit. Every Little Thing’s Gonna Be Alright.”

Sally Smith’s Biography of Marshall Hall is a wonderful read.

Over the next few days I’m going to recommend some good books for summer reading for anyone interested in the law, especially the criminal law.

The first is Sally Smith’s biography of Marshall Hall: “A law unto himself.” (Wildy, Simmonds & Hill £25, although available for a bit less on Amazon). Smith is a barrister, a very good one too, who since taking silk has specialised in medical cases, although she obviously knows her way around the criminal law too.20160728_183901

Her subject, Edward Marshall Hall – known to many simply as Marshall – was what we would now call a “celebrity:” a barrister whose oratory saved numerous men and women from the gallows. He was not always successful of course, and these days it is mainly the clients he failed to save that are remembered: George Joseph Smith, the “Brides in the Bath” murderer; and Seddon, who was said to have poisoned his lodger with arsenic in order to get his hands on her annuities. Continue reading “Sally Smith’s Biography of Marshall Hall is a wonderful read.”

The shocking case of David Bryant reveals the fallacy that we can always spot a liar

Last Friday David Bryant, a 66 year old retired fireman with a distinguished record of brave public service was freed after spending 3 years in gaol for a crime that he did not commit. Yesterday his conviction was finally quashed.

His story is quite appalling, though not, I fear, in any way unique.

His accuser, unusually, has waived his right to anonymity so we know that he is a man called Danny Day. His accusation, which he first made in 2012, was that Mr Bryant and another fireman called Goodman (who is now dead) had raped him on some unspecified date between 1976 and 1978. Continue reading “The shocking case of David Bryant reveals the fallacy that we can always spot a liar”

This is no time for rejoicing: Erdogan is pulling Turkey towards despotism

There has been much rejoicing in the West that the attempted military coup in Turkey has been defeated by “people power.” People of all political persuasions, it has been said, including many strongly opposed to the governing AK Party, came onto the streets to defend democracy against a military putsch. They did so in answer to a call from President Erdogan in his now famous Facetime broadcast which was then repeated from minarets all over Istanbul and Ankara. There were acts of great bravery as unarmed civilians stood in the way of tanks, as well as scenes of horror, not least when bewildered conscripts appear to have been lynched. 

Meanwhile, pictures have been posted of the alleged coup leaders, now being held in custody. They look haggard and worried, as well they might.  Continue reading “This is no time for rejoicing: Erdogan is pulling Turkey towards despotism”

Don’t abuse the Brexit litigants: their action shows that we live in a free country

The law firm Mishcon de Reya is bringing an action to force the Prime Minister, whoever she (or just conceivably he) may be, to obtain Parliamentary approval before issuing that all-important Article 50 notification.

The question in issue is a deceptively simple one but it has divided lawyers. Can the Prime Minister invoke Article 50 as an act of Royal Prerogative; or will she need to persuade Parliament to pass legislation before doing so? Continue reading “Don’t abuse the Brexit litigants: their action shows that we live in a free country”

The Referendum now poses a serious threat to Parliamentary Democracy

Forget about the online petition. We do not have government by petition, particularly not when we don’t know how many of the online signatories are even British, or are duplicates, or computerised bots or in some other way bogus. No matter how many signatures the petition garners it will not result in a re-run of the referendum, and nor should it.

Forget too about Members of the Scottish Parliament metaphorically flooding down from the Cheviots, sgian-dubhs flashing in the pale northern sunlight, rushing to save the Sassenachs from the consequences of their folly. The argument – publicised and explained here by the ever-lucid Jolyon Maugham – is rather complex and explained better by him than by me but essentially it’s this: Continue reading “The Referendum now poses a serious threat to Parliamentary Democracy”