Category Archives: Law

NSW’s top prosecutor scores legal win in bias claim against senior judge

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Recusal application against district court judge Penelope Wass yet to be determined amid row with DPP

New South Wales’ top prosecutor has been given the green light to continue her fight to get a senior judge removed from a historical sexual offences trial on the grounds of apprehended bias.

The ruling from the NSW supreme court is the latest development in a long-running row between the director of public prosecutions, Sally Dowling SC, and district court judge Penelope Wass. The dispute went before the NSW court of appeal last week.

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David Lammy lifts cap on court sitting days in effort to cut backlog of cases

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Criminal barristers welcome justice secretary’s move to remove limit on hearing days at crown courts in England and Wales

A cap on court sitting days is to be lifted as the government seeks to ease the cases backlog, David Lammy has announced.

The justice secretary and deputy prime minister said every crown court in England and Wales would be funded to hear more cases in the next financial year.

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Duterte at ‘very heart’ of murderous drug crackdowns in Philippines, ICC told

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Ex-president, accused of crimes against humanity, selected targets and promised immunity for death squad members, prosecutor says

Rodrigo Duterte, the former president of the Philippines, was “at the very heart” of brutal anti-drugs campaigns that led to the killing of thousands of people, prosecutors at the international criminal court (ICC) have argued, as they called for charges against him to proceed to trial.

Duterte, 80, who was arrested in Manila last year and flown to The Hague, is facing three counts of crimes against humanity over campaigns against drug users and dealers during his presidency, and his earlier tenure as mayor of the city of Davao.

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‘Immensely heartened’: Sally Rooney hails Palestine Action high court ruling as victory for UK civil liberties

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Exclusive: Irish author, who feared her books being withdrawn from UK, says proscription had been ‘extreme assault’ on rights and freedoms

Sally Rooney has hailed the high court’s decision that it was unlawful to ban Palestine Action under anti-terrorism laws as a victory for civil liberties in Britain.

Ministers suffered a humiliating legal defeat a week ago when three senior judges ruled that proscription of the direct action group, which targets organisations it considers complicit in arming Israel, was disproportionate and unlawful.

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Austrian mountaineer ‘endlessly sorry’ for girlfriend’s death but denies criminal wrongdoing

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Thomas P gives evidence on first day of trial in case that could shape standards for mountain sports

An Austrian mountaineer has said he is “endlessly sorry” his girlfriend froze to death on a joint climb to the country’s highest peak, but denied criminal wrongdoing as his trial began in Innsbruck.

The 37-year-old defendant, identified only as Thomas P, gave evidence on the first day of the high-profile proceedings over the tragedy on Großglockner, in a case that could shape international standards for liability in mountain sports.

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Climber faces manslaughter charge after leaving girlfriend on Austria’s tallest peak

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Kerstin G froze to death on Großglockner when Thomas P descended mountain to fetch help

An Austrian mountaineer is to appear in court accused of gross negligent manslaughter after his girlfriend died of hypothermia when he left her close to the summit on a climb that went dramatically wrong.

The 33-year-old woman, identified only as Kerstin G, froze to death on 19 January 2025, about 50 metres below the summit of the Großglockner, Austria’s tallest mountain, after an ascent of more than 17 hours with her boyfriend, Thomas P, 36.

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Police arresting 1,000 paedophile suspects a month across UK

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National Crime Agency says rise in child sexual abuse being driven by technology and online forums

Child sexual abuse in the UK is soaring, police have said, with 1,000 paedophile suspects being arrested each month and the number of children being rescued from harm rising by 50% in the last five years.

The National Crime Agency said the growth in offending across the UK was driven by technology and linked to the radicalisation of offenders in online forums, encouraging people to view images of child sexual abuse by reassuring them it was normal.

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Police ‘determined’ to target abusers who drive women to suicide but say they lack of resources

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NPCC lead for domestic abuse says officers dealing with huge caseloads, made worse by justice system backlogs

Police are “determined to do more” to hold to account domestic abusers who drive victims to kill themselves, the National Police Chiefs’ Council has said.

Assistant Commissioner Louisa Rolfe, the NPCC lead for domestic abuse, has said that “more posthumous investigations are taking place”, but that officers struggle with a lack of resources, adding that 20% of all crime relates to domestic abuse in most forces.

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Special forces chief tried to cover up concerns about SAS conduct in Afghanistan, inquiry told

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Whistleblower says chain of command failed to stop extrajudicial shootings, including of children, after alarm was raised

The former director of UK special forces and other senior military officers tried to cover up concerns that SAS units were carrying out unlawful killings in Afghanistan, an inquiry has heard.

A senior special forces whistleblower said the chain of command failed to stop extrajudicial shootings, including of two small children, after the alarm was first raised in early 2011. That failure allegedly allowed them to continue until 2013.

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Plan to reduce jury trials an ‘irremediable error’, lawyers say in MoJ letter

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More than 100 lawyers have accused the Ministry of Justice of ignoring the legal profession’s objections

More than 100 lawyers who wrote to the Ministry of Justice expressing significant concerns about plans to severely restrict jury trials say representations by the legal profession are being ignored.

The government is expected to formally announce the changes, which have caused deep division among the judiciary and senior lawyers, as soon as next week.

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Government to ditch day-one unfair dismissal policy from workers’ rights bill

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Flagship Labour plan to be replaced with six-month threshold after Peter Kyle vows to not let businesses ‘lose’ under new law

The government is to ditch its flagship policy from the workers’ rights bill, removing the right to protection from unfair dismissal from the first day of employment and replacing it with a six-month threshold.

The move comes after the business secretary, Peter Kyle, told businesses at the CBI conference this week that he would listen to concerns about the effects of the law change on hiring. A trade union source told the Guardian: “They’ve capitulated and there may be more to come.”

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Italy’s rape law stalls as Matteo Salvini claims it could be used for ‘vendettas’

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Parliament delays debate over law defining sex without consent as rape, after comments by far-right deputy PM

Italy’s parliament has delayed a debate over a landmark law that would define sex without consent as rape amid a rift within the ruling coalition.

The measure, the result of a rare pact between the far-right prime minister, Giorgia Meloni, and her main political opponent, the centre-left leader, Elly Schlein, passed in the lower house last week and had been expected to get final approval in the senate this week.

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Bahrain to argue at UK supreme court it has immunity from surveillance claims

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Gulf nation is accused of placing monitoring software on computers of two dissidents living in London

Bahrain is to tell the UK’s supreme court that it enjoys sovereign immunity from claims it placed surveillance software on the computers of two dissidents when they were living in London.

The Gulf country has lost the sovereign immunity claim both in the high court and court of appeal, and a decision to take the case further to the supreme court shows how important it is to the country’s reputation.

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CPS to train staff on ‘spectrum of abuse’ in violence against women and girls

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Five-year strategy aims to improve casework after analysis finds domestic abuse in more than third of rape cases

The Crown Prosecution Service (CPS) will train its staff to recognise the “wide spectrum of abuse” in cases of violence against women, after new data found that domestic abuse was present in more than a third of rape cases, and in more than eight out of 10 cases of stalking and image-based abuse.

Launching its five-year Violence Against Women and Girls (VAWG) strategy, the body said its main aims were to increase casework quality and increase trust in the CPS.

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Civil liberties groups call for inquiry into UK data protection watchdog

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Campaigners including Good Law Project describe ICO ‘collapse in enforcement activity’ after Afghan data breach

Dozens of civil liberties campaigners and legal professionals are calling for an inquiry into the UK’s data protection watchdog, after what they describe as “a collapse in enforcement activity” after the scandal of the Afghan data breach.

A total of 73 academics, senior lawyers, data protection experts and organisations including Statewatch and the Good Law Project, have written to Chi Onwurah, the chair of the cross-party Commons science, innovation and technology committee, calling for an inquiry to be held into the office of the information commissioner, John Edwards.

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Safe haven to sanctions: how Jersey sheltered Roman Abramovich’s billions

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Court papers show the island cautiously welcomed the oligarch – with London’s approval – before Russia’s invasion of Ukraine

For decades the Channel Islands tax haven of Jersey has played a big role in moving fortunes made in some of the world’s most despotic countries into the west, attracting overseas oligarchs with a mix of low tax and high levels of financial secrecy.

It is a secrecy that extends to Jersey’s relationship with the UK government. As a crown dependency, Jersey has its own parliament, but belongs to the king. The relationship between the two jurisdictions remains something of a black box, with very little public information on how the big decisions are made, or to what extent Westminster is consulted.

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Top judge resumes contempt inquiry into Trump El Salvador deportations

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James Boasberg demands sworn testimony to determine whether US officials defied March court order

A federal judge on Wednesday said he was resuming his long-stalled court proceeding to determine whether Trump administration officials willfully violated a court order by deporting hundreds of men to El Salvador in March.

US district judge James Boasberg said he would demand sworn testimony from administration officials to determine whether they defied his March court order to turn around aircraft that were removing the men from US territory.

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Mahmood and Lammy breached human rights law over segregation of prisoner, judge finds

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Treatment of terrorist with known mental health needs said to have contravened prohibition on inhuman or degrading treatment

Shabana Mahmood and David Lammy have been found to have breached a prohibition on inhuman or degrading treatment with respect to a prisoner who spent months segregated from other inmates, in what is believed to be a legal first.

Sahayb Abu was confined to his cell at HMP Woodhill in Milton Keynes, for 22 hours a day and prevented from associating with other prisoners for more than four months after Hashem Abedi, the brother of the Manchester Arena bomber, allegedly attacked prison officers at HMP Frankland.

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Rape victims in Scotland will be protected when giving evidence, says lord advocate

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Supreme court ruled ‘rape shield’ laws to limit intrusive cross-examination may breach men’s right to fair trial

Scotland’s most senior law officer has moved to reassure victims of sexual abuse that they will be protected after a supreme court ruling warned that Scottish laws designed to limit intrusive cross-examination could be breaching men’s right to a fair trial.

In a strongly worded statement, the lord advocate, Dorothy Bain KC, said: “I would like to make clear that I understand sexual abuse inflicted upon women and children to be the single greatest challenge our justice system faces.

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Ed Miliband urges Labour to move on after Starmer apologises to Streeting for hostile briefings from No 10 – UK politics live

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Fallout from extraordinary briefing operation against Wes Streeting continues as calls grow for Starmer to sack his chief of staff Morgan McSweeney

Haroon Siddique is the Guardian’s legal affairs correspondent.

Five UN experts have written to ministers criticising the ban on Palestine Action as something that would be expected in an authoritarian regime rather than a liberal democracy.

In the work of UN experts in monitoring counter-terrorism laws globally, abuse of laws to proscribe organisations as terrorist that are not genuinely so has more commonly occurred in states that are authoritarian and lack legal and political cultures of respect for human rights, legality, due process and independent judicial safeguards, in order to target civil society organisations, human rights defenders, political dissidents and minorities.

It is deeply concerning that such practices appear to have spread to a number of liberal democracies. Organisations must never be listed as terrorist for engaging in protected speech or legitimate activities in defence of human rights.

We are concerned that proscription and its consequences result in unnecessary and disproportionate restrictions on the rights to freedom of expression, peaceful assembly and association, and the rights to take part in public affairs and to liberty.

The Scottish government’s tax decisions enable us to deliver higher investment in the NHS and policies like free tuition not available anywhere else in the UK.

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