Some rushed and barely coherent thoughts on today’s Article 50 judgment

Cases in the Administrative Court are often a bit like the Radio 4 programme You and Yours: of limited general interest. Whilst often very important for the development of the law, and for those immediately concerned, they lack the sort of immediate news value of – for the sake of argument – a rape trial involving an international footballer. Typically they will be about planning, or immigration or benefits.

This was different. It was about a question that has occasionally convulsed the nation since at least the seventeenth century: who rules Britain, Parliament or the Queen? In fact nobody contends that the Queen does so in person, but Her Government argued that the Prime Minister can do so by the use of Her prerogative. It was in fact a modern version of the Civil War, albeit conducted – in court at least – with courtesy and law reports rather than muskets and cannon balls.

No wonder the www.judiciary.gov.uk website was creaking under the strain this morning as it dealt with an unprecedented demand to download the Brexit judgment. Continue reading “Some rushed and barely coherent thoughts on today’s Article 50 judgment”

Andrew Picard: Did he get a soft sentence for being an Etonian?

Andrew Picard is 18. He is an old Etonian.

Last Friday he received a sentence of 10 months imprisonment suspended for 18 months. The sentence has been the subject of a great deal of criticism. A Change.org petition has been set up asking the Attorney-General to “review” the sentence. It currently has well-over 10,000 signatures.

The signatories to the petition have been disappointed. The Attorney-General has announced that he cannot refer this sentence to the Court of Appeal. That power exists only for “indictable only” offences (Mr Picard’s were triable “either way”), or for certain other specific offences, which do not include those to which he pleaded guilty.

Many online commentators have noted the fact that Mr Picard is an old Etonian, and that his father is a prominent American lawyer. Many have suggested that he has been treated leniently for these reasons.

Are they fair criticisms of Judge Ross? Did he pass an unduly lenient sentence? Are there any grounds for thinking that Mr Picard was treated more leniently because he was an Etonian? Continue reading “Andrew Picard: Did he get a soft sentence for being an Etonian?”