Category Archives: Law

Former CPS chief says clampdown on protests risks creating ‘thought crimes’

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Exclusive: Max Hill KC says it is imperative to protect free speech when setting limits on protesting

The former director of public prosecutions for England and Wales has warned against the risk of creating “thought crimes” amid the recent clampdown on protesters and demonisation of demonstrators by politicians.

In an interview with the Guardian, Max Hill KC, who was head of the Crown Prosecution Service (CPS) from 2018 until November last year, said it was imperative to protect free speech when setting limits on protest.

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Jersey to debate allowing assisted dying for terminally ill

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Proposals deter ‘death tourism’ by requiring applicants to have lived on the island for at least 12 months

Jersey could legalise assisted dying for people who are terminally ill or have an incurable condition with unbearable suffering under proposals to be debated in the island’s parliament.

The proposals, published on Friday, may lead to Jersey becoming the first jurisdiction in the British Isles to allow assisted dying.

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Lawyers call on judges in Garrick Club to give up membership

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Exclusive: Letter with more than 60 signatories says membership ‘perpetuates systemic discrimination against women’

A group of more than 60 lawyers in England and Wales have called on all judges who are members of the men-only Garrick Club to resign from it immediately, claiming membership is “incompatible with the core principles of justice, equality and fairness”.

In an open letter, the barristers, solicitors and legal professionals say they have been concerned by recent reports in the Guardian naming dozens of senior figures in the judiciary as current members of a club that has repeatedly blocked attempts to allow women to join.

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‘Man-made famine’ charge against Israel is backed by mounting body of evidence

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Prospect of Israel facing war crimes charges has moved closer after UN condemnation of Gaza aid restrictions

The accusation by the UN and other humanitarians that Israel may be committing a war crime by deliberately starving Gaza’s population is likely to significantly increase the prospect of legal culpability for the country, including at the international court of justice.

Amid reports that the Israel Defense Forces are hiring dozens of lawyers to defend against anticipated cases and legal challenges, the charge that Israel has triggered a “man-made famine” by deliberately obstructing the entry of aid into Gaza is backed by an increasing body of evidence.

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It’s too late to replace Sunak so Tories must ‘march towards the sound of the guns’, Ben Wallace says – as it happened

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Former defence secretary tells colleagues there is no alternative to Rishi Sunak and to ‘get on with’ preparing for an election. This live blog is closed

Ofcom has ruled today that GB News broke impartiality rules on five occasions by using Tory MPs as news presenters.

But it has not imposed sanctions on the broadaster. It says these count as first offence, and that there may be sanctions if it happens again.

Under the Broadcasting Code, news, in whatever form, must be presented with due impartiality. Additionally, a politician cannot be a newsreader, news interviewer or news reporter unless, exceptionally, there is editorial justification.

In line with the right to freedom of expression, broadcasters have editorial freedom to offer audiences a wide range of programme formats, including using politicians to present current affairs or other non-news programmes. Politicians may also appear in broadcast news content as an interviewee or any other type of guest.

These are the first breaches of Rules 5.1 and 5.3 recorded against GB News. Since opening these investigations, there has only been one further programme which has raised issues warranting investigation under these rules. We are clear, however, that GB News is put on notice that any repeated breaches of Rules 5.1 and 5.3 may result in the imposition of a statutory sanction.

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Russians urged to disrupt final day of Vladimir Putin’s presidential election

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Voters told to swamp polling stations all at once and spoil ballots, after two days of dye attacks, fires and Ukrainian cross-border strikes

Critics of Vladimir Putin and his Kremlin regime have called for massive protests at Russian polling stations on Sunday, the final day of a presidential election that is guaranteed to cement his hardline rule.

The three-day vote has already been hit by Ukrainian bombardments and a series of incursions into Russian territory by anti-Putin sabotage groups. Early on Sunday, a drone attack caused a fire at a refinery at Slavyansk in the Krasnodar region of southern Russia, where officials said one person died of a heart attack, while two people died after drone strikes in the Russian city of Belgorod on Saturday, according to officials.

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UK company directors may be liable for climate impacts, say lawyers

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Legal experts say directors could face personal claims for failing to consider how businesses affect nature

Company directors in the UK could be held personally liable for failing to properly account for nature and climate-related risks, according to a group of lawyers.

A legal opinion published this week found that board directors had duties to consider how their business affected and depended on nature. These included climate-related risks as well as wider risks to biodiversity, soils and water.

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Vulnerable man pleads with UK government to block extradition to US

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Diogo Santos Coelho from Portugal faces a 52-year sentence for alleged cybercrime relating to RaidForums site

A vulnerable autistic man is pleading with the UK government to block his extradition to the US on cybercrime charges where he faces a 52-year sentence for alleged offending that began when he was a child.

Diogo Santos Coelho, who has been assessed as at very high risk of suicide, said he had been groomed and exploited online by adults from the age of 14 into committing the alleged crimes, which relate to the website RaidForums.

In the UK and Ireland, Samaritans can be contacted on freephone 116 123, or email jo@samaritans.org or jo@samaritans.ie. In the US, the National Suicide Prevention Lifeline is at 988 or chat for support. You can also text HOME to 741741 to connect with a crisis text line counselor. In Australia, the crisis support service Lifeline is 13 11 14. Other international helplines can be found at befrienders.org

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Jamaican musician Vybz Kartel has murder conviction quashed

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Dancehall star was sentenced to life in prison in 2014 for the murder of an associate

The Jamaican musician Vybz Kartel’s conviction for the murder of an associate more than a decade ago has been quashed, with a London court ruling that attempts to bribe the trial jury meant the conviction was unsafe.

The dancehall star, whose real name is Adidja Palmer, is one of Jamaica’s most popular artists and has collaborated with performers such as Jay-Z and Rihanna.

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Australian computer scientist is not bitcoin creator Satoshi Nakamoto, high court rules

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Judge says evidence for his conclusion that Craig Wright did not create bitcoin is ‘overwhelming’

Satoshi Nakamoto, the pseudonymous creator of bitcoin, is not the Australian computer scientist Craig Wright, a high court judge has ruled, ending a fractious two-month trial in London.

In a highly unusual decision, the presiding judge, Mr Justice Mellor, issued the verdict within seconds of the case concluding, promising to issue a “fairly lengthy written judgment” in due course.

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Ministers to quash convictions of hundreds of post office operators

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Legislation will overturn convictions of theft, fraud and false accounting during Horizon scandal

Ministers will publish legislation to quash the convictions of hundreds of post office operators who were prosecuted during the Horizon scandal, marking a significant victory for victims after decades of campaigning.

The legislation on Wednesday will automatically overturn convictions of theft, fraud and false accounting that were handed down in connection with Post Office business during that period. It will cover prosecutions brought by the Post Office and the Crown Prosecution Service in England and Wales between 1996 and 2018.

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Foreign Office official floated idea of giving honour to fixer for Saudi royals

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Salah Fustok alleged by UK prosecutors to have been a middleman for nearly £10m in payments to Saudi prince

A Foreign Office official floated the idea of giving an honour to a businessman who was later alleged to have helped facilitate millions of pounds of bribes to a Saudi prince and his high-ranking associates.

Salah Fustok was alleged by UK anti-corruption prosecutors to have been a middleman for nearly £10m of payments to Prince Miteb bin Abdullah and other Saudi officials as “an inducement or reward” for the awarding of a contract by the Saudi Arabian national guard.

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Israeli human rights groups accuse country of failing to abide by ICJ’s Gaza aid ruling

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Exclusive: 12 prominent organisations sign open letter criticising lack of humanitarian access

Twelve of Israel’s most prominent human rights organisations have signed an open letter accusing the country of failing to comply with the international court of justice’s (ICJ) provisional ruling that it should facilitate access of humanitarian aid into Gaza.

The court in The Hague made a number of legal requirements of Israel when it issued a provisional ruling in late January in response to South Africa’s complaint accusing the state of committing genocide in its military campaign in Gaza.

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UK lawyer to oversee ICC investigation into alleged war crimes in Palestinian territories

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Andrew Cayley, previously Britain’s chief military prosecutor, to run operation of the complex case

A senior British lawyer has been appointed to oversee the international criminal court’s investigation into alleged war crimes in the Palestinian territories, the Guardian understands.

Andrew Cayley, a barrister and former military prosecutor, has recently joined the ICC after he was chosen by the court’s chief prosecutor, Karim Khan, to lead the high-profile investigation.

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Home Office breaks pledge to fund sex-crime research after Everard murder

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Government was to look at whether offenders tend to commit increasingly serious crimes after outcry over warning signs with police officer Wayne Couzens

The government has failed to fund research into the escalation of sex crimes, despite promising to do so in the wake of the kidnapping, rape and murder of Sarah Everard.

In 2021, the Home Office pledged to “take forward work looking at the escalation of sexual offending” as part of its plan to tackle violence against women and girls. The plan, which had the tagline “the safety of women and girls across the country is our priority”, was informed by 180,000 public submissions after Everard was killed by serving police officer Wayne Couzens.

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Revealed: legal fears over Michael Gove’s new definition of ‘extremism’

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The communities secretary wants ‘trailblazer’ government departments to pilot a scheme to ban individuals and groups deemed extremist from public life

Michael Gove is set to announce a controversial plan this week to ban individuals and groups who “undermine the UK’s system of liberal democracy” from public life, despite fears inside government that the scheme is at risk of a legal challenge, leaked documents reveal.

Officials working for Gove, the secretary of state for the levelling up, housing and communities, have drawn up plans for “trailblazer” departments to pilot the scheme, according to documents that have been circulated to the Home Office and Downing Street and seen by the Observer.

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Treason could mean life sentence under new Hong Kong national security law

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Debate has begun on Article 23 – legislation designed to bring laws closer to those of mainland China

Hong Kong’s government has released the draft text of a new national security law that would further tighten control on the city and bring its laws closer in line with mainland China.

The law, known as Article 23, is a domestic piece of legislation defining and penalising crimes related to national security.

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Australia’s high court to hear two appeals over legality of re-detaining more than 100 non-citizens

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Greens senator Nick McKim says decision to hear both cases is welcome as legislation passed in February 2023 is ‘clearly punitive’

The high court has agreed to hear two appeals that threaten the legality of the re-detention of more than 100 non-citizens who had been sentenced and served more than a year in prison.

In February 2023, Labor and the Coalition teamed up to pass laws retrospectively authorising the cancellation of visas of people who were released from immigration detention by a full federal court decision in December 2022.

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‘Deniable fiddle’: the MoD, Saudi Arabia and a scandal half a century in the making

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Revelations about payments by Ministry of Defence are culmination of decades of British deal-making with Saudis

The revelation that the Ministry of Defence paid millions of pounds to a firm that would later be accused of being a conduit for secret payments to high-ranking Saudi officials is the culmination of a scandal that has been half a century in the making.

The £8m paid from an MoD bank account between 2014 and 2017 was in connection with a large defence deal, Sangcom, first struck in the 1970s.

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Rwanda deportation bill set back again after House of Lords votes

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Rishi Sunak’s bill was opposed in 10 votes by peers, two days after five amendments were forced through

Rishi Sunak has suffered further setbacks in the House of Lords over his controversial Rwandan deportation bill after peers defeated the government on all 10 votes.

Wednesday’s vote comes two days after the prime minister endured his heaviest defeat in the House of Lords when the archbishop of Canterbury and former Conservative ministers joined forces with the opposition to force through five amendments.

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