Category Archives: Law

Tory plan to scrap judge-led Sentencing Council criticised as ‘bonkers’

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Ex-Conservative ministers denounce Robert Jenrick’s intention to abolish body that develops court guidelines

A Conservative plan to abolish the judge-led Sentencing Council and hand its powers to the Ministry of Justice has been described as “bonkers”, “unimplementable” and “potentially dangerous” by former Tory ministers.

The shadow justice secretary Robert Jenrick will announce on Tuesday that the independent public body responsible for developing guidelines for judges and magistrates in England and Wales would be closed down by a future Conservative government because it was “not fit for purpose”.

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Badenoch says Tories open to quitting more treaties to increase deportations

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Party leader uses conference speech to outline proposal for UK to exit ECHR as part of wider bonfire of protections

A future Tory government would be open to dismantling more treaties as a means to deport people from the UK, Kemi Badenoch has said at the start of a Conservative party conference focused almost exclusively on immigration policy.

Making the first of two addresses to the gathering in Manchester, the Tory leader formally set out her proposal for the UK to quit the European convention on human rights (ECHR) as part of a wider bonfire of protections including an end to legal aid in immigration and asylum cases and the right to take migration decisions to tribunals or judicial review.

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Badenoch says her migration plan ‘credible’, but won’t say where 150,000 people a year being removed will go – UK politics live

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Conservative leader grilled over her removals proposal ahead of party conference opening later today

The polling firm Opinium has released some research this morning suggesting that some Conservative party policies are popular with voters – but that, if people are explicitly told that they are Kemi Badenoch policies, their popularity goes down.

There is some evidence that Keir Starmer’s unpopularity has the same effect – and that, once a policy is associated with him, voters are less inclined to back it.

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Potential contempt charges in relation to Kyle and Jackie O comments on Erin Patterson still under consideration

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Office of public prosecutions says decision has ‘not yet been finalised’, four months after judge referred comments including Kyle Sandilands saying ‘lock that bitch up’

The Victorian office of public prosecutions has yet to rule out contempt charges in relation to comments made on the Kyle and Jackie O Show about the triple murder trial of Erin Patterson, four months after the co-hosts were criticised by a supreme court judge.

Justice Christopher Beale referred the comments to the office for contempt proceedings in June, after Kyle Sandilands made comments including, “just lock that bitch up” and called the case “not strong for her”.

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Conservatives would take UK out of ECHR, Badenoch confirms

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Leader says move is is necessary ‘to protect our borders, our veterans and our citizens’

Kemi Badenoch has announced that a Conservative government under her leadership would pull the UK out of the European convention on human rights.

The move marks a lurch to the right for the Tories, who are attempting to stem a loss of support to Nigel Farage’s Reform UK. Farage has long been a critic of the ECHR and has pledged to leave it if he becomes prime minister.

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Slovakia marks ‘dark day’ as LGBTQ+ rights rolled back in parliament

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Amendment to constitution stipulates that male and female are the only recognised sexes and makes adoption nearly impossible for same-sex couples

Recent changes to Slovakia’s constitution mark a “dark day” for the country, LGBTQ+ campaigners have warned, describing measures such as the recognition of only two sexes as part of a wider rollback of human rights and rule of law in the central European country.

On Friday, Slovakia’s parliament passed an amendment that included measures targeting LGBTQ+ rights in the country, from stipulating that male and female are the only recognised sexes to making it nearly impossible for same-sex couples to adopt children.

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Populist threat to rule of law a danger to UK working class, says attorney general

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Richard Hermer to aim criticism at Nigel Farage and Robert Jenrick at Labour conference event

Rightwing populists threaten working-class people’s protections under the rule of law, the attorney general will say in his most political intervention yet.

In a criticism directed squarely at Nigel Farage and Robert Jenrick, Richard Hermer will say that populist politicians pose a threat to the “everyday protections to people” who use the legal system and the courts “to right significant wrongs”.

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Clive Palmer banks on Swiss strategy after court throws out $305bn mine compensation claim

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Queensland mining magnate had been ordered to pay $13m after tribunal dismissed claim of being a ‘foreign investor’

Clive Palmer says he will challenge the decision of an international tribunal to dismiss his claim for $305bn in compensation from the commonwealth government, by appealing to a court in Switzerland.

On Saturday the attorney general, Michelle Rowland, announced that the permanent court of arbitration, in The Hague, the Netherlands, had ruled against the Queensland mining magnate.

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World must deny Israel ‘tools of genocide’, says growing alliance of activist states

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New York meeting of Hague Group warns of shared responsibility to prevent genocide and proposes steps to isolate Israel

The international community has a legal and moral duty to deny Israel “the tools of genocide”, the Malaysian foreign minister, Mohamad Hasan, said at a meeting in New York of the Hague Group, the growing alliance of countries dedicated to coordinating practical economic and legal steps to isolate Israel over the war in Gaza.

The group, co-chaired by South Africa and Columbia, has become a central exchange for practical steps to try to pressure Israel, including stepping up collective action at ports and airports to prevent the transfer of weapons and goods to Israel, including dual-use heavy machinery.

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Keir Starmer says digital ID cards an ‘enormous opportunity’ for the UK

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PM to set out plans for compulsory ‘Brit card’ but faces opposition from civil liberty groups over privacy concerns

Digital ID cards present “an enormous opportunity” for the UK, Keir Starmer has said, as the government braces for a civil liberties row over the proposals.

The prime minister will set out the measures on Friday morning at a conference on how progressive politicians can tackle the problems facing the UK, including addressing voter concerns around immigration.

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Fighter jets purchase would put UK in breach of nuclear treaty, says CND

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Legal opinion for campaign group says deal amounts to reversal of UK’s commitment to nuclear disarmament

Britain will violate its nuclear disarmament obligations if Labour presses ahead with the £1bn purchase of 12 F-35A fighter jets, according to a specialist legal opinion prepared on behalf of the Campaign for Nuclear Disarmament (CND).

Two international lawyers argue that the government’s plan to reintroduce air-launched nuclear weapons for the RAF will break a key provision of the nuclear non-proliferation treaty (NPT) signed by the UK and 190 other countries.

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‘Maggots raining down’: survey lays bare dire state of courts in England and Wales

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Asbestos and faeces flooding cells also among problems contributing to huge backlog in cases, Law Society finds

Asbestos, mould, rotten seagulls and cells flooding with excrement are among the problems experienced in crumbling courts in England and Wales, the Law Society has found.

The professional body for solicitors said deteriorating buildings and unreliable technology were contributing to the record backlog in crown courts and undermining confidence and trust in the justice system.

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Vanuatu working toward UN vote aimed at fighting fossil-fuel industry influence

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Ralph Regenvanu, minister of climate change for the Pacific island nation, says step taken on ‘behalf of everybody’

Vanuatu is working on securing a UN vote to turn a landmark ruling on the climate crisis by the international court of justice (ICJ) into concrete political action that will fight the influence of the fossil-fuel industry and protect the globe from environmental catastrophe.

In an effort spearheaded by the tiny Pacific island nation, the ICJ issued a rare unanimous advisory opinion in July, which clarified that all states are required under international law to protect the climate, prevent further harms and have a duty to cooperate.

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Teacher takes legal action against Melbourne Catholic school group over refusal of pronouns

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State and federal anti-discrimination laws on collision course as Sacred Heart Girls College in Oakleigh refuses to recognise Myka Sanders’ gender identity

The Melbourne Archdiocese Catholic Schools (Macs) has refused to let a non-binary teacher use their preferred pronouns and title, in a case that has put state and federal anti-discrimination laws on a legal collision course.

Two years ago, non-binary teacher Myka Sanders – who uses they/them pronouns and Mx for their title – asked Sacred Heart Girls College in Oakleigh, Melbourne if their gender identity could be recognised at school.

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Rodrigo Duterte, former Philippines president, charged with crimes against humanity at ICC

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Three charges against Duterte stem from his years-long campaign against drug users and dealers that rights groups say killed thousands

International criminal court prosecutors have charged the former president of the Philippines Rodrigo Duterte with three counts of crimes against humanity over bloody campaigns carried out during his “war on drugs”.

A charge sheet, dated 4 July but made public on Monday, laid out accusations against the 80-year-old former leader, who has been in ICC detention in The Hague since March.

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Kenya’s arrest warrant is milestone in Agnes Wanjiru case but lengthy UK process awaits

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After 13 years, warrant has been issued for UK suspect, but Robert James Purkiss would need to be extradited to face charges

In the spring of 2012, David Cameron was prime minister and British troops were still fighting in Afghanistan under the stewardship of the then defence secretary, Philip Hammond.

Before deploying, soldiers from the UK would be flown 3,000 miles south-west of Helmand province, to Kenya, for hot weather training. They would train at Batuk, the British army base that still operates today, close to Nanyuki, a poor market town in the east of the country.

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Judge quashes Home Office’s decision on US extradition of vulnerable man

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Portugal has also made extradition request for Diogo Santos Coelho, who is facing cybercrime charges

A high court judge has quashed a Home Office decision that paved the way for a vulnerable autistic man to be extradited to the US on cybercrime charges carrying a possible 52-year sentence.

The UK government has accepted that Diogo Santos Coelho, 25, a Portuguese national, was groomed and exploited online by adults from the age of 14, leading to him setting up the website RaidForums, to which the alleged crimes relate.

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Probation Service failing to assess thousands who pose risk to women, watchdog says

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Exclusive: Chief inspector of probation says it is inevitable there will be more murders and rapes without an improvement

The Probation Service in England and Wales is failing to monitor and assess tens of thousands of offenders who pose a serious risk to women and girls, a watchdog has told the Guardian.

Martin Jones, the HM chief inspector of probation, launching a six-month inquiry into failings in public protection, said it was inevitable there would be more murders, rapes and serious sexual offences without an improvement.

Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In the UK, Rape Crisis offers support on 0808 500 2222 in England and Wales, 0808 801 0302 in Scotland, or 0800 0246 991 in Northern Ireland. In the US, Rainn offers support on 800-656-4673. In Australia, support is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html

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Macrons to submit scientific evidence to US court to prove Brigitte was not born a man

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French president and wife allege rightwing influencer Candace Owens is using defamatory attacks against them to boost media profile

The French president, Emmanuel Macron, and his wife plan to present scientific evidence to a US court to prove that Brigitte Macron was not born a man, the lawyer representing them in a defamation suit has said.

The couple filed the suit in July against Candace Owens, a rightwing influencer, and her business, alleging continuing defamatory attacks against them in order to boost the profile of her media platform, gain more audience and make money.

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Brittany Higgins’ husband David Sharaz to pay $92,000 for tweet that defamed Linda Reynolds, court orders

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Sharaz also liable for former defence minister’s legal costs on an indemnity basis, which is expected to exceed $500,000

David Sharaz has been ordered to pay $92,000 for social media posts the Western Australian supreme court found were defamatory against former defence minister Linda Reynolds.

Sharaz, a former journalist and Higgins’ now-husband, has also been found jointly responsible for another defamatory tweet to which Higgins responded, according to the court’s orders.

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