2008年03月

2008年03月27日

(1) Police chief condemns judges on gun crime

(2) Family calls for help to find teacher’s killer in Japan

The family of a British teacher murdered in Tokyo a year ago have arrived in Japan to urge detectives to set up the hunt for her killer. Victim’s father condemned the pace of the investigation, as the year long investigation has produced no leads, despite poster campaigns and thousands of possible sightings reported by the public.

(2) New Corporate Manslaughter Act

Under a new corporate manslaughter law due to come into force next month, companies will be exposed to more police investigations, higher fines and a wider range of possible offences. The Corporate Manslaughter Act is a response to criticism of the existing law, after a series of failed prosecutions over disasters such as the 1997 Southall train crash, which left seven dead.

Legal Londate LLP

(11:10)
(1) Police chief condemns judges on gun crime

Police are calling for very heavy sentences to be handed down for gun crime offences and criticizing judges for failing to ensure that tough penalties set down in law are imposed in the courts. Police argues that tougher sentences are essential to deter criminals and teenage gang members from carrying weapons.

(2) Family calls for help to find teacher’s killer in Japan

The family of a British teacher murdered in Tokyo a year ago have arrived in Japan to urge detectives to set up the hunt for her killer. Victim’s father condemned the pace of the investigation, as the year long investigation has produced no leads, despite poster campaigns and thousands of possible sightings reported by the public.

(2) New Corporate Manslaughter Act

Under a new corporate manslaughter law due to come into force next month, companies will be exposed to more police investigations, higher fines and a wider range of possible offences. The Corporate Manslaughter Act is a response to criticism of the existing law, after a series of failed prosecutions over disasters such as the 1997 Southall train crash, which left seven dead.

Legal Londate LLP

(10:31)
(1) New EU strategy to tackle cross-border traffic offences

The new cross-border strategy was announced by the European Commission yesterday to make it much easier to trace foreign drivers who commit offences in member states. At present, UK police rarely pursue drivers of foreign-registered vehicles who trigger cameras because of the difficulty in obtaining their details.

(2) MPs to vote on terror bill after May polls

Legislation raising the time limit for which terror suspects may be detained without charge from 28 days to 42 is to get its delayed Commons second reading on April 1. The new timetable for the government’s counter-terrorism bill is likely to mean that key votes on the time limit will take place after the May local elections. Director of Liberty welcomed the delayed second reading as it will provide space for calmer reflection after the local elections and allow the government to join the cross-party consensus around alternative counter-terror policies.

Legal Londate LLP

(10:27)
(1) High profile couple’s divorce judgment made public

The decision to publish the judgment on the financial battle between Heather Mills and Sir Paul McCartney is welcomed by family judges who call for more openness in their courts. The judge’s decision was a practical one as he thought it was best to acknowledge the inevitable and pre-empt the future publication by making it public from the outset.

(2) Spring cleaning of old laws

Under plans before parliament, hundreds of allegedly obsolete laws would be scrapped. With so many acts been passed by Parliament in the last 10 years under Labour government, lawyers say the government should apply the principles of its statutory spring clean to its enthusiastic approach to making new laws.

Legal Londate LLP



(10:05)

2008年03月13日

(1) Too many serious criminal cases thrown out after prosecutors were not ready

The inspectors of the Crown Prosecution Service (CPS) disclosed in a report that too many numbers of cases that should have gone to trial in the Crown Court were thrown out last year because papers were not ready. The chief inspector of the CPS said that even though the rate was better than it was before, it remained poor.

(2) Heavier sentences recommended by a sentencing watchdog for targeting vulnerables

A sentencing watchdog recommended that thieves who target the elderly and burglars entering vulnerable community premises, such as schools, churches or doctors’ surgeries, should earn a heavier penalty including custodial sentences. The reason behind this is because the watchdog believes that sentences should be heavier because of the “high than usual degree of harm in terms of inconvenience caused. The council proposes a maximum of three years in cases that involve force or intimidation against a vulnerable victim. The council’s proposals are open for consultation until May.

(3) Barristers given very last chance to sign up for the legal aid scheme

The angry stand-off over new legal aid contracts comes to head this week as the Legal Services Commission, which runs the legal aid scheme, has given barristers a final chance to sign up to the panel to do very high-cost cases. So far only 130 of 2,300 barristers who indicated interest in the scheme have signed up. The deadline has been extended to this Friday.

(4) Government to let the attorney general retain power to stop prosecutions

Plans to change the role of the attorney general, which combines legal and ministerial functions, were in discussion after the controversy over the way Goldsmith became drawn into the BAE prosecution, the cash for honours inquiry and the legal advice on going to war in Iraq. However, the government is poised to let the attorney general retain the power to stop prosecutions.

(5) Straw warns judges not to be influenced by coverage of big trials

Overwhelming media coverage of recent murder trials had an affect on already crowded prison population. The justice secretary warned judges, magistrates and MPs not to overreact to the overwhelming media coverage of big trials by saying magistrates and judges should be celebrated for their independence and impartiality.

(6) Japan is to bow to international pressure and ban possession of child pornography

At present Japan and Russia are the only G8 countries where it is still legal to own pornographic images of children, provided that there is no intention to sell them or post them on the internet. However, amid mounting criticism of its failure to address the sexual exploitation of minors, Japan is to bow to international pressure and ban the possession of child pornography. The new law is expected to anger child welfare groups as it exempts manga comics and animated films.

Legal Londate LLP

(10:50)

2008年03月12日

(1) TV cameras to be kept out of court

Despite being planned by the former Lord Chancellor to broadcast parts of court cases on TV, the incumbent Jack Straw decided to kill off the plans. In order to execute the plans, legislation would have been necessary because a statutory ban imposed in 1925 prevents filming in English and Welsh courts. But the plans have been killed off leaving the new supreme court the only exception, as it will not be covered by the ban.

(2) Illegally detained asylum seeker won compensation

An asylum seeker who could have won her release from detention, had the Home Office followed the existing guidelines properly, will now receive damages estimated at £15,000 for unlawful detention. Home Office guidelines stipulates that torture and rape victims should be referred to the Medical Foundation for the Care of Victims of Torture (MF) to see whether there was evidence to support the asylum seeker’s claims. However, she was seen only by a nurse and deputy high court judge ruled that this prevented the provision of torture evidence. This case prompts calls for a review of Home Office procedures.

(3) Price-fixing cases await Lord’s extradition ruling

The House of Lords will deliver this week a key extradition ruling involving Ian Norris, the former head of Morgan Crucible who is wanted by prosecutors in the US over alleged price-fixing before 2003, when it was specifically outlawed. His lawyer argues that he should be spared extradition because price-fixing was not a crime in Britain during the 1990s, when the company was involved in a cartel relating to carbon products. Furthermore, under the current UK’s extradition arrangements with the US, a suspect can be extradited only for an offence that is defined a crime in both countries. Mr Norris denies wrongdoing and says he will take his case to the European Court of Human Rights if the Law Lords reject his appeal.

Legal Londate LLP

(14:52)

2008年03月10日

日本の法律事務所や法務部は一種独特のものがあります。また、最近では外資系法律事務所が会社法の改正・施行に伴い、また経済のグローバル化への対応からアジア戦略の一部として日本での業容を拡大しています。いままで情報がほとんど表に出ることのなかった業界ですが今後はいろいろ世界の標準に近づいて状況が変ってくる可能性があります。情報交換だけでなく、下記サイトも是非見てください。

Legal Londate LLP

(12:26)
(1) Proposals to give legal rights to cohabiting couples are shelved

Plans to give cohabiting partners similar rights to married couples have been shelved by ministers, despite after two years of work carried out by the Law Commission to draw up detailed proposals on how the law should change. The Justice Minister said that for the time being no further action would be taken until seeing the results of legal changes made in Scotland.

(2) Call for legislation to deal with online defamation

Current legislation does not protect victims from online defamation and a case of a 65 year-old woman who became the victim of an online smear campaign prompted calls for tougher regulation of the internet and overarching legislation to deal specifically with online defamation.

(3) MPs urge curb on restraint techniques in child jails

Parliament’s joint committee on human rights said that the use of restraint techniques involving deliberate physical pain in privately run child prisons to ensure ‘good order and discipline’ should be abolished without delay.

Legal Londate LLP

(12:03)
(1) Justice Secretary calls for change in the legal profession

Jack Straw, the Justice Secretary and Lord Chancellor, said that senior ranks of legal profession were still dominated by white males and this had to be stopped.

(2) Drugs firms face new laws on test results

After four year investigation by the drug regulatory body into the way GlaxoSmithKline withheld the full results of their trials of the antidepressant Seroxat on children, the government will announce today a major tightening of the law governing the oversight of drugs companies. Under the new legislation, drugs companies must pass on results of clinical trials as soon as the alarm about one of their medicines.

Londate

(10:49)

2008年03月04日

(1) Struggle to control extremist inmates

According to internal Ministry of Justice documents, the growing number of terrorist prisoners is forging connections with the existing gangs inside Britain’s high security jails. The warning comes after prison unions first publicly warned about the lack of a national strategy to deal with the rising number of terrorist prisoners.

(2) Conservative’s plan to make prisoners hand over part of their wages to victims of their crimes

The Conservative Leader will announce their far-reaching plans to tackle one of the leading causes of the crisis in prisons, the high levels of reoffending which have seen two-thirds of prisoners re-convicted within two years of their release. He will place the reparation system at the heart of a new approach, whereby making prisoners hand over a proportion of any wages they earn in jail to victims of their crimes.

(3) MP questions prisoners’ training at locksmiths

As part of the scheme to rehabilitate offenders, inmates at Blantyre House prison in Ken are working in a key-cutting shop. An MP has raised questions as to the appropriateness of this particular training for offender rehabilitation.

(4) Intermediaries to help young sex abuse victims in court

The new scheme will be launched to recruit trained intermediaries to assist when children and other vulnerable witnesses are interviewed by police and give their evidence in a criminal trial. Sex offences were the largest group of cases covered by the pilot, but others included physical assaults, attempted murder, abduction and burglary. The intermediaries recruited so far are mainly teachers, speech and language therapists all trained by the Inns of Court school of law, which also trains barristers.

(5) Prison violence is soaring

Against the backdrop of the overcrowding problem in British jails, the number of violence in prisons is soaring and prison staff is struggling to cope with it.

Legal Londate LLP

(10:57)