Criminal Justice, English Law, Human Rights, Legal System

More ill-informed codswallop from the tabloid press

The Sun’s “justice” campaigners are out in force again with their ill-informed codswallop which appears designed to do nothing but misinform the public and create fear, alarm and distress.  It’s an absolute disgrace that editors feel at liberty to misrepresent the law in this way.  If a newspaper editor wishes to argue for the abolition of the Human Rights Act 1998 or the removal of the UK from the European Union (note the European Union is a seperate institution to the Council of Europe and it is the Council of Europe who is responsible for the European Convention on Human Rights and the European Court of Human Rights) then that is perfectly legitimate, but they should use legitimate criticisms and not invent it where none exists.

The Sun’s latest ill-informed piece is in respect of the Court of Appeal’s decision in a number of cases relating to the requirements to disclose convictions.  The system of CRB checks was tightened up after the murders of Holly Wells and Jessica Chapman by Ian Huntley.  However, the Court of Appeal found that the present system breaches the human rights of those who have been convicted of irrelevant and minor crimes in the past.

There is, as I have said before, a legitimate public interest in ensuring that those convicted of sex offences against children or who otherwise genuinely pose a danger to the vulnerable in our society are prevented from working with those groups.  However, there is not a legitimate public interest in forcing people to disclose cautions and convictions for the most minor of offences committed perhaps a quarter of a century or more ago.  Most people will remember the utterly ridiculous situation where people who had devoted their life to public service were prevented from standing for election as a Police and Crime Commissioner in England and Wales because of crimes they committed as children (some as many as half a century ago).  It is this disproportionate effect of criminal record checking that has to be addressed; it doesn’t serve any public interest and it certainly doesn’t protect the public.

In this country there is still far too much prejudice against those who have a criminal record.  Once a person is convicted of a crime they are branded a “criminal” and are forever going to be seen as one.  The prejudice actively harms society because those who are determined to become rehabilitated and live purposefully in society find themselves repeatedly hitting their heads against a brick wall when it comes to getting employment.  For many there is no real incentive to desist from criminal behaviour because there are few willing to give them a chance.

Whether you have a criminal record or not; what would the worst season of your life say about you?  Would you want to be forever judged based on the mistakes you made during that season in your life?  I certainly wouldn’t.  I dare say you wouldn’t either; perhaps most of all because it doesn’t reflect the person who you are today.  Why should it be the case for those who have committed criminal offences in the past that they should forever be judged by them?

I’m not talking about those people who genuinely pose a danger to the public.  A person who is sexually attracted to children or has a history of sexually abusing vulnerable adults should not be permitted to work with those groups in society.  That would be putting the public at risk and infringing upon the rights of children and vulnerable adults.  However, we must move to a system whereby only relevant convictions are disclosed.  The fact that a person stole some stuff twenty years ago is entirely irrelevant if in the intervening twenty years they have not been convicted of theft.

The judgment of the Court of Appeal will not lead to known paedophiles getting work in schools; it won’t lead to known abusers getting work with vulnerable adults.  What it will do is ensure that only those with convictions relevant to the work they seek to undertake will be required to disclose them and that the authorities will only be permitted to disclose those convictions which are actually relevant during the vetting process.

Criminal Justice, Human Rights, Politics

Prisons, prisoners and prison conditions

There has been a lot of talk over the last few days about prisons and the conditions within them.  We have seen the traditional tabloid/right-wing mantra of prisons should be tougher and they’re too much like holiday camps.

In Scotland it was suggested that prisoners should have phones inside their cells while in England and Wales the Secretary of State for Justice has said they are looking at the Incentives and Earned Privileges (IEP) scheme; particularly how they could make it tougher.  The former has resulted in condemnation while the latter has resulted in celebration by the tabloid press.

These types of discussions make me angry.  This pandering to prejudice does not help society; it actively harms society.  When talking about prisons and prisoners the terms used are dehumanising in nature: “thug”, “lag”, “lout”, “animal”, “monster” and “caged” are some of the ones I dislike the most.  In order to have a criminal justice system that works we have to proceed on the basis that we are dealing with human beings and not animals.  When we work on the basis that they’re sub-human or animals it becomes so much easier to treat them in a way that would ordinarily be condemned.

There is also a great misconception about prison.  A person is sent to prison as a punishment and not to be punished.  The two are worlds apart and when we recognise that it is prison that is the punishment and not what happens inside the prison; we can begin to think properly about what needs to happen in prison in order to ensure that prisoners are rehabilitated.

The idea of placing phones in each cell is a good one.  It is well known that family contact is important.  Currently there are so few phones in prisons for prisoners’ use that it is not possible to maintain a proper relationship.  Calls are short and there can be significant periods between calls.  The time available for prisoners to use the phone is limited due to the amount of time that they spend out of their cell.  For some it can be a choice between having a shower and making a phone call to their children/parents/partner or whoever else is on the outside.

There is of course written communication.  However, that is still conducted by way of ordinary post.  The time that it takes a letter to get through the system to the prisoner and for that prisoner’s reply to get back through the system it can easily be a whole week.  Visitation is also permitted, but it is also limited by time and numbers.

In other words, the current system isn’t very good at ensuring family contact is maintained.  However, the amount of time that prisoners spend locked in their cell in the evening and over the weekend could be put to better use.  Having phones in the cell will ensure that more prisoners will be able to have better contact with their friends and family on the outside.

Of course, processes would need to be put in place to ensure that the phones are not abused and that is the role of the prison authorities to work that out.  It shouldn’t be dismissed simply because it’s a “perk”.

The idea that prison should be tough is a false presupposition.  For most, the conditions inside of prison play little part in whether they offend/re-offend.  The Conditions outside of prison play more of a role than the conditions inside prison do.  It’s about the community that someone lives in:  if they’re surrounded by people to whom taking drugs and committing crime is normal then that is likely to play a significant part in whether a person begins taking drugs and committing crime.  It’s not the only explanation: people from good backgrounds where drugs and crime is not the norm still commit crime.  However, for those that re-offend after prison the community they go back to plays an important role.

A person can develop a determination to change while in prison; however, upon release the cold hard reality hits them.  They go back into the community from where they came and start associating with the people they associated with before they went into prison: they know nowhere else and know nobody else.  They are then surrounded by all the temptations of drugs and crime that they were before and very quickly they are living their old life again.  That might make people question the sincerity of their determination to change, but it shouldn’t.

Those who have a real determination to want to change should be offered a radical change in lifestyle.  They should be offered the chance to be released into a different location (one which is well away from where they were before prison) and should be placed into contact with people willing to help prisoners on release and who can help guide them through getting a job.  These ordinary people can introduce them to a new community; one where drugs and crime is not the norm.  It’s really an extension of the probation service, but it’s stuff that the probation service doesn’t have the time or the resources to do.  It can be offered to those who are serving both long and short sentences.

I think this kind of approach would radically change re-offending rates.  In order to break the cycle of crime we need to treat people like humans and give them real practical help to radically change their life.  Putting them back into the circumstances they came from is unlikely to really help them change.  Society has to take a greater responsibility for helping break the cycle of crime.  The ultimate decision is that of the offender, but if someone wishes to change then society should get round them and help them to do that.

Civil Liberties, Criminal Justice, English Law, Human Rights

Criminal record checks, Article 8 and fairness

On Tuesday the Court of Appeal issued an important judgment on the disclosure of criminal records and its relationship to the right to a private and family life; protected by Article 8 of the European Convention on Human Rights (ECHR) as incorporated into domestic law by the Human Rights Act 1998.

The main question before the Court was whether the requirement for applicants to certain types of job to disclose all previous convictions was incompatible with the ECHR.  The Court of Appeal held that the requirement to disclose all convictions was disproportionate to the aims of the policy; consequentially it found that there was a breach of Article 8.  Yesterday, the Government announced that it intended to appeal that decision to the United Kingdom Supreme Court.

The decision by the Government to appeal the decision to the Supreme Court is a disappointing one.  It demonstrates a lack of commitment to their so called “rehabilitation revolution”.  Not so long ago the Prime Minister gave a major criminal justice speech which promised a “tough but intelligent” approach to criminal justice from his Government.  The decision to appeal this Court of Appeal seems to fly in the face of the promise of an intelligent approach to justice.

Clearly there is a legitimate aim in ensuring that those who are genuinely unsuitable to work with children or other vulnerable people are prevented from doing so.  No sensible person is suggesting that this shouldn’t be the case.  However, the current approach is really rather ridiculous.

Each and every single one of us gets things wrong; we make bad decisions and that can have consequences for us.  If we commit a criminal offence and that is detected then quite rightly there will be a consequence: a fine, community service or even a prison sentence.  Those who break the law are punished by the Court in the way that the Court; taking account of all the circumstances of the case, decides is appropriate.

Once a person has served their sentence; the punishment for the crime that they have committed, they should be able to get on with their lives.  There should be no restrictions placed upon their life unless absolutely necessary for the protection of the public.  Rehabilitation requires that people are able to get jobs and when whole professions are closed off to them because of some minor convictions (some of which may well be extremely old) then this becomes significantly harder; it may even act as a disincentive for a person to desist from crime.

There were some fantastically stupid examples of criminal convictions that were so old that they may as well never have existed preventing people from standing as candidates for the Office of Police and Crime Commissioner in their area.  Some of these convictions were40 years old and the individuals in question had dedicated their life to public service.  How can it be right that convictions that old can still be considered relevant when the individuals have clearly demonstrated that they have been successfully rehabilitated?  It just seems to be part of a never-ending punishment that our society largely considers it acceptable to place upon those who transgressed the law in their past.

It is entirely possible to devise a system which ensures that vulnerable groups are protected from those who pose them harm whilst also ensuring that those who have changed their lives or have simply made a few bad choices in their past can get on with life and not be forever reminded of and plagued by their past.  It’s not easy to do, but that shouldn’t stop the Government from devising such a system; it might well take them some considerable time.  However, if we want to progress as a society and ensure that those who want to be rehabilitated can actually be so; then we need to ensure that we provide an environment in which that can be achieved.  The present system cannot facilitate that and the Court was quite right to find that there was an unjustified interference with a person’s Article 8 rights as a consequence.  The Government should be spending time and money on a replacement system rather than appealing to the Supreme Court.

Carloway Review, Civil Liberties, Criminal Justice, Criminal Law, Human Rights, Legal System, Protest For Justice, Scots Law

Criminal Legal Aid Contributions, Professional Representation and Justice in Scotland

Yesterday evening the Scottish Parliament voted by a majority of 9 to pass into law the Scottish Civil Justice Council and Criminal Legal Assistance Bill into law.  The Bill will now be submitted to the Queen for Royal Assent.  It was a disappointing end to a hard fought campaign by a wide range of people to try and prevent Part 2 of that Bill being passed.  However, it was always going to be an impossible task with the Government having a majority in Parliament.

The first part of the Bill; the establishment of the Scottish Civil Justice Council, was generally uncontroversial and was the result of a lengthy piece of work submitted to the highest levels of scrutiny.  The Scottish Civil Justice Council came as a consequence to the review of civil justice in Scotland carried out by the now Lord President, Lord Gill.  It is a shame that this element of the Bill was overshadowed by the second part of the Bill.  Had the two been separate it is likely that the Scottish Civil Justice Council part would have received unanimous support in the Scottish Parliament.

The significant expansion of contributions to criminal legal aid as a result of this legislation will have a profound impact on justice in Scotland.  I’m not going to write at great length on the merits of the Bill as I have done that in a number of posts (and others have written elsewhere much more eloquently than I have).  The proposals will undoubtedly lead to a number of appeals under Article 6 of the European Convention on Human Rights (the right to a fair trial).  The Government and Presiding Office (presumably with legal advice) are both happy that the contents of the Bill are compliant with the European Convention on Human Rights; however, there is the very real possibility that the contributions system will begin to give rise to “devolution minutes” once it begins to take hold in the system.  That will certainly be something to keep an eye out on to see what happens in that respect.

It is clear from speaking to practitioners in person and through social media that there is a very real anger over yesterday’s result.  It is just one of many things to have arisen over the last few years that have caused anger.  Some of that anger is directed towards the Law Society of Scotland; particularly in their representation of the profession in these matters.

It has been reported that there was to be a challenge lodged to the Society’s position as the sole representative body of Solicitors in Scotland which will be founded upon Article 11 of the European Convention on Human Rights.  I am not a solicitor and I have not had many dealings with the Law Society of Scotland.  I only know what others have told me (and I’m not inclined to make my own decision purely upon the basis of third party complaints).  However, it has always been something that has intrigued me about the legal profession.  I’m a supporter of Trade Unions and the representative functions that they undertake.  However, I’m equally supportive of a person’s right to choose their representative body (and to elect not to belong to such a body).  That goes not just for lawyers, but for others who have a single statutory representative body with no choice as to who they have representing them.

I think it is only right that if people want a different representative body that this is a choice that they have.  It will be interesting to see if this case goes ahead and what the outcome of it might be; it could have a profound effect on the United Kingdom extending beyond the legal profession.

The fight to ensure justice in Scotland will no doubt continue as the programme for reform of the criminal justice system continues over the coming years.  There are proposals in the pipeline that will likely gain similar; if not greater, reactions from the legal profession (corroboration and contracting to name two).  It’s an unsettling time in the criminal law for Scotland; but it’s an equally interesting one.

Carloway Review, Corroboration, Criminal Justice, Criminal Law, Human Rights, Legal System, Protest For Justice, Scots Law

Consultation on safeguards after the abolition of corroboration

On Wednesday the Scottish Government issued a consultation document looking at some of the safeguards that might be needed to be introduced to Scots law when the requirement for corroboration is removed.

I have expressed my views on corroboration before on this blog and I do not intend on getting into that issue in any great detail here; it is suffice to say that I am a supporter of the requirement for corroboration and a subscriber to the idea that if something isn’t broken then there is no need to go and fix it.  However, the Justice Secretary is clear that he wants to abolish the requirement for corroboration and that parliamentary arithmetic means that short of a rebellion by his own backbenchers (unlikely) then he will get his way.  It is therefore essential that everyone engages with this consultation to ensure that the protection for the accused in a criminal trial is not diminished.

Corroboration is a fundamental issue to our justice system.  The rule is not, as the media have been saying, that there must be two pieces of evidence before there can be a conviction.  It is rather more complicated than that, but it essentially requires that there are two independent sources of evidence to support each of the material facts of the case.  It applies in all cases before all criminal courts in Scotland.

The first thing to note about the Government’s consultation document is that it focuses almost exclusively on cases where a jury is involved.  Not everyone in Scotland is tried by a jury and there is no right to a trial by jury in Scotland.  The decision as to whether you are tried with or without a jury rests with the prosecutor (which has to be decided within the confines of certain rules; for instance some offences fall within the exclusive jurisdiction of the High Court of Justiciary where there is always a jury).   The Government’s almost exclusive focus on jury trials means that only those accused persons who are indicted benefit from the additional safeguards introduced post-corroboration.

The vast majority of criminal cases in Scotland are prosecuted on a summary complaint.  This means the cases is heard by a sheriff sitting alone in the Sheriff Court or by a lay Justice of the Peace in the Justice of the Peace Court (or if in Glasgow a legally qualified Stipendiary Magistrate).  There is no jury involved and as such the vast majority of criminal accused persons in Scotland are going to miss out on additional safeguards to reflect the lack of corroboration.

The very fact that the Government has issued this consultation is a recognition by them that corroboration is so fundamental to the justice system in Scotland that to abolish it means that additional safeguards need to be introduced to ensure that the accused is not disadvantaged.  If that is accepted by the Government then it applies equally to summary and solemn criminal cases.  It recognises that a lack of corroboration makes it somewhat easier to convict and that something needs to be done to address the balance to ensure that it is not too easy to convict.

The specific proposals contained in the consultation document are interesting.  The first is to increase the number of jurors required to be convinced by the Crown that they’ve proved their case in order to convict.  Currently, the system permits a simple majority of 8 out of 15 jurors to convict.  The consultation document suggests increasing this to 9 or 10.  I don’t see how increasing it by one or two is sufficient.  Having given it some brief thought I would think that something along the lines of 12 out of 15 would be more suitable.  There needs to be at least 12 jurors for there to be a quorum in Scotland.  If the number of jurors falls below 12 then that jury cannot reach a verdict.  If the number was fixed at 12 this would mean that losing three jurors would require a unanimous verdict.  That doesn’t seem suitable either, so as I’ve given it some thought.  My (brief) thoughts have resulted in a proposal which would see the number of jurors required to convict decrease proportionally in line with the number of jurors available; ensuring that at least three-quarters of the jurors were convinced by the Crown’s case.  That would mean in cases where there are 15 jurors that 12 would be required and where the jury falls to just 12 members the number required to convict would be 9 jurors.

I consider that this proposal is fair for both the accused and the prosecution.  It means that the prosecution always has the same task: to convince at least three-quarters of the jury that they have proved their case beyond reasonable doubt.  A fixed number would mean that in cases where jurors are lost (for example through illness) the crown’s task doesn’t get easier (for example only having to convince 60% of the jurors in one case and 75% in another).  It also avoids unfairness to the Crown because they will not be in the position where they find themselves having to seek a unanimous verdict in one case and a majority verdict in another.

The other proposal in the Government’s consultation is that where a jury fails to reach a verdict that the Crown could be able to seek a re-trial of the accused.  I would not support such a proposal.  It is the Crown’s job to prove a case beyond reasonable doubt.  If a jury fails to reach a verdict then the Crown has failed in that task.  There is such a procedure in England and there have been cases where the defendant has been tried three times before the Crown finally got the verdict it was seeking.  Is this fair?  Should the Crown be able to repeatedly prosecute someone until it gets the verdict it wants?  No, it’s not.  It is simply placing too much power in the hands of the State.  If the Jury fails to reach a situation whereby the required number of jurors cannot be convinced of the Crown’s case the accused should be acquitted.

In serious cases the Crown now has the opportunity of seeking a fresh trial under the Double Jeopardy (Scotland) Act 2011 where certain conditions are met.  If the only reason a person hasn’t been convicted is because of the ineptitude of the Crown I don’t see why the Crown should be able to repeatedly prosecute someone.  It will mean, of course, that guilty people will likely get away with their crime.  However, the solution to that is for the Crown to ensure that they have the strongest possible case before prosecuting someone.  Where the Crown has been unable to secure a conviction because evidence was genuinely not available to them at the time then the 2011 Act permits them to go back to the Court and seek permission to charge the accused with the crime again.  Had the 2011 Act not been passed then there might have been an argument to allow a retrial procedure as proposed by the Government.  However, with the existence of the 2011 Act there is no real argument for it.

The final proposal looked at in the consultation is the question of the “Not Proven” verdict.  I have for along time considered that having three verdicts in Scotland serves little useful purpose and we should move to a system of having only two verdicts.  Derek Ogg QC said on Newsnight Scotland (Wednesday 19 December 2012) that he had been persuaded that we should return to “Proven” and “Not Proven”.  I find this persuasive; although I do consider the arguments favouring “Guilty” and “Not Guilty” to be strong.  I don’t see the role for a third verdict which has the same practical meaning and effect as another.  Unless the third verdict were to mean something different to the aquittal verdict there seems little point in keeping it.  In my experience, what the public consider it to mean bears no reflection on the reality and it could be argued that a third verdict is simply confusing to those without an understanding of the criminal justice system.  Again, I’ve explored my views on the three verdict system on this blog before in detail so I will say no more on the question here.

As I have argued before on this blog it ought to be difficult for the Crown to secure a conviction.  That is not to say that it should be impossible; but the system should be weighted in such a way so as to ensure that the Crown is faced with some difficulty in securing a conviction.  A conviction in a criminal court is more than simply a finding of fact; it signifies that the offender has broken society’s rules and that he/she is deserving of punishment for that offence.  That finding could have a significant impact not only on the accused, but also on their family.  A conviction might result in a loss of liberty or a loss of employment.  Both of these situations might well have a profound effect on the family of the accused who are entirely innocent and will be indirectly punished by a loss of liberty or employment.  The stakes are so high that it is essential that the State cannot easily convict people.

The Government’s consultation is open until 15 March 2013.  I would encourage everyone to respond and engage with it in a meaningful way; regardless of your view as to whether corroboration should stay or go.  The likelihood is that it will go and it is important that properly considered safeguards are put in its place to ensure fairness in our criminal justice system.

Civil Liberties, Human Rights, Politics

Prisoners’ Votes and the Rule of Law

The row over prisoners’ voting trundles along at Westminster with Justice Secretary Chris Grayling MP announcing that Parliament had a clear right to ignore the judgment of the European Court of Human Rights.  The European Court of Human Rights found that the current position in the UK, which bans all convicted prisoners from voting, is incompatible with the European Convention on Human Rights.  The United Kingdom has been given until November 2012 to comply with the judgment, but the UK Government is continuing in is defiance.

This defiance raises a fundamental question about the rule of law.  There is a constitutional convention in this country that says Parliament is supreme.  Our legislature is, in theory, not subject to any restrictions or authority which dictates what it can and cannot do.  However, over the years Parliament has voted to limit its sovereignty and one of the ways in which it did this was to agree to be bound by the decisions of the European Court of Human Rights.  In 1966 the United Kingdom accepted the right of individuals to petition the European Court and its jurisdiction.

The fact that the United Kingdom has accepted the jurisdiction of the European Court of Human Rights means that it is bound to implement its judgments, even the ones that it disagrees with.  Litigation carries with it the very real risk that at least one party will be left disappointed by the decision of the Court; that at least one party will dislike the decision of the Court.  However much a person disagrees with the judgment of a court they are bound to accept it, unless there is a route of appeal.  If there no longer exists a route of appeal then the matter is final and the discontented party will simply have to live with the decision.

If people began to disregard the decisions of a court which they did not agree with the existence of the court would be rendered pointless.  There would exist no effective remedy for people who have seen their rights infringed in some way.  A court exists to act as independent arbiters of disputes between two parties.  In the context of the European Court of Human Rights those disputes are between the State and the citizens of that State.  Once all domestic avenues have been utilised a citizen can take an alleged infringement upon their “Convention Rights” to the European Court of Human Rights for adjudication.  That is waht John Hirst (and others) have done over the issue of prisoners’ votes.  The European Court of Human Rights has found that the blanket ban on prisoners voting is incompatible with the Convention.  As a result of this the United Kingdom is under an international and legal obligation to amend the law so that it becomes compatible with the Convention.

You may or may not agree with the Government’s stance on the issues, but that does not negate the serious implications for the United Kingdom if it ignores this judgment and does not amend the law on prisoners not having the right to vote in UK elections.  The first consequence is that the United Kingdom will be liable to pay compensation to prisoners whenever they are denied their right to vote.  That could be expensive.  The UK prison population is probably just under 100,000 over all the UK jurisdictions.  It could cost the UK hundreds of millions of pounds each time an election occurs (based on compensation of around £2,000 per prisoner).  This is money that the UK simply doesn’t have and would mean that funding would be taken out of essential services.

Aside from the financial implications of the United Kingdom failing to adhere to the European Court’s ruling is the reputational damage to the United Kingdom.  The UK does not have a perfect record on human rights (no State does), but it does generally have a good reputation internationally for upholding the rights of its citizens.  The UK isn’t slow in telling other States that their human rights record is unacceptable.  A decision by the United Kingdom Parliament to specifically ignore the decision of a body established to protect the rights of citizens would significantly damage the United Kingdom’s standing in the world and could cause tensions between the United Kingdom and other nations.

Furthermore, the ignoring of this judgment would set a precedent.  This would be, I suggest, a dangerous precedent to be set.  It would set the precedent that if Parliament doesn’t like future decisions of the Court that it can simply ignore those decisions.  What if the decision was a lot more fundamental than this one?  What if the United Kingdom decided that it simply did not agree with a decision relating to the deportation of an individual to a country where they would be executed or tortured?  The precedent would be there for the Government to simply ignore the decision of the European Court and go ahead with the deportation anyway.

Some might argue that this is an entirely different situation.  It may well be a different situation, but the precedent it sets is no less serious.  Human Rights belong to all human’s by virtue of their status as a human being.  When we begin to deny rights to groups of people we have disdain for we enter a dangerous path.  If we look at some of the worst examples of human rights abuses in the modern world they all have one thing in common.  The stripping of the rights of people who the State did not like.  It’s not entirely analogous and is an extreme example, but if one considers Nazi Germany and the model employed there.  Basic and fundamental rights were denied to humans simply because they belonged to a particular group of people.  Some may say that such abuses cannot and will not happen again, but today around the world people are denied basic rights because of the part of society they happen to belong to.  Women are denied education simply because they are women, homosexuals are executed simply because they are homosexual and adherents of certain religions also face execution because of their religious belief.  It has happened in Europe before and if we believe that it cannot happen again in Europe then we have not understood the lessons from the first half of last century.

The issue of prisoners’ voting (or the wider prisoners’ rights movement) may not be on the same scale as the genocides of Nazi Germany.  However, the precedent of abandoning human rights principles and of stripping groups of people of their rights based solely on their status in society is a dangerous one.  It is one that we should not permit.

Parliament has to do the right thing and accept the judgment of the European Court of Human Rights on this issue even though it may not agree with it.  Parliament has to extend the franchise to some prisoners removing it on much more objective criteria than simply the fact that a person is a convicted prisoner.

Corroboration, Criminal Justice, Criminal Law, Evidence, Human Rights, Legal System, Scots Law

Judges unite in support for retaining corroboration

Yesterday the Senators of the College of Justice, excluding Lord Carloway, published their response to the Government’s consultation paper arising out of Lord Carloway’s report into reforming Scottish criminal law and practice.

Lord Carloway was asked by Justice Secretary Kenny McAskill MSP to investigate and report the ways in which Scottish criminal procedure could be reformed.  This followed the UK Supreme Court’s controversial decision in the case of Cadder V HM Advocate.  That case, as I’m sure readers will know, held that the Scottish practice of detaining suspects without access to a lawyer breached their article 6(1) right to a fair trial.  As a result emergency legislation was introduced to the Scottish Parliament which provided for the right of suspects to receive advice and representation from a solicitor while in police custody.  Lord Carloway’s report considered some of the issues that had arisen as a result of that legislation; issues which had not been properly considered because of the speed at which the Government pushed the amendment through Parliament.

The most controversial aspect of Lord Carloway’s report was his recommendation that the ancient requirement for corroboration be abolished.  Since the publication of the Carloway Review; the Justice Secretary has made his position clear on the matter (that he supports Lord Carloway’s recommendation) and both the Lord Advocate and Solicitor General have gone into a political drive in support of its abolition.

Much concern about the proposal of Lord Carloway has been noted since the publication of his report.  Many in the legal profession have come out in support of keeping corroboration and referring to it as an essential safeguard.  Some have suggested the desire of the Government and the Crown to abolish corroboration is about trying to making it easier for the Crown to obtain a conviction.  Others have suggested that the abolition of corroboration wouldn’t be a bad thing, but that other changes would be necessary to ensure that the right of the accused to a fair trial was not placed in jeapordy.

For what it is worth I am of the opinion that corroboration is absolutely essential to the criminal law in Scotland and that any attempt to abolish it would likely have severe consequences for the accused.  I am also of the opinion that the move to abolish corroboration may, in part, be supported by the government with a view to increasing the number of convictions the Crown can obtain.  That, in my view, would (if indeed it is part of the motivation) make it a very bad idea because it distorts justice (see this earlier post from me on Justice published on this blog).

The consultation response from the Senators of the College of Justice provides a glimmer of hope for the continued existence of corroboration in Scotland.  All of Lord Carloway’s colleagues have united in support for corroboration leaving him on his own among the senior judiciary in Scotland.  The weight and authority of the Senators should also cause the Justice Secretary to reconsider his position on the future of corroboration.  When almost all of Scotland’s senior judiciary (who are responsible for upholding the law) you certainly be foolish to ignore them.

In the judge’s response to the consultation they state:

In our view, it is often difficult to assess the true facts on the basis only of the evidence of one witness.  A witness may be credible and plausible, yet not be telling the truth (or the whole truth).  The Scottish courts have on many occasions been grateful for the requirement of corroboration, which in our view provides a major safeguard against miscarriages of justice.

There is little to say about this submission from the judges.  It will always be the case that a case will be stronger the more there is to verify the evidence.  The judges make a good point that simply relying on one witness is not particularly helpful.  As they state a witness can appear as though they are a reliable witness, but the truth of the matter is that their version of events are not an accurate reflection of what happened.  They state that corroboration acts as a major safeguard against miscarriages of justice.  This is something that I would agree with entirely.

We are also concerned that the abolition of corroboration may result in less diligent police investigation pre-trial:  knowing that corroboration is not required, there may be a relaxation in the search for supporting evidence (even though such may well exist).

This is an interesting point and is certainly one that is echoed by the few police officers I have spoken to.  They state that it wouldn’t necessarily be about being lazy, but it would be a sensible way to use resources (particularly at a time when resources are under pressure).  Of course, in the most serious or complex investigations there is unlikely to be much change. The very nature of such investigations is that corroborative evidence would still likely exist.  The danger exists in the less complex and serious investigations.  While they might be less complex or serious in terms of the gravity; a criminal investigation is sufficiently serious to ensure that a thorough and effective job is done.  The effect on the life of a person who is convicted of a criminal offence can be significant: they may lose their job, seeking employment becomes more difficult, there may be financial hardship and the stress of an investigation and trial can cause marital and family problems.  We cannot allow a situation to develop where it is more likely that innocent people will suffer the effects of a wrongful conviction.  That is, in my view, a much greater injustice than a guilty person escaping conviction.

The judges also raise interesting points on the issue of increasing convictions.  Their view is that rather than increasing the number of convictions it might well cause a reduction in the number of convictions obtained by the Crown.  They cite a possible reluctance on the part of a jury to convict where it is a situation of one person’s word against the word of another.  The senior judiciary have a wealth of experience from which they can draw such conclusions and I wouldn’t want to disagree with them on that point.  It does, with a bit of consideration, seem like a conclusion that can be sensibly arrived at.

The judges broadly support Lord Carloway’s other recommendations, which are less controversial and do make sense in light of the line of authority developing as a result of Cadder.  Their response can be read here.

Criminal Justice, Criminal Law, English Law, Human Rights

Sexual Offences and the Sex Offenders’ Register

On Saturday new rules came into force in England and Wales which gave the right to those placed on the sex offenders register for life to seek a review of that position.  Those who find themselves having to register with the police as a sex offender for life will have been sentenced to a term of imprisonment of at least 30 months.   An individual who is placed on the register for an indefinite period can after a period of 15 years following their release seek a review from the police.  If the police decide that the individual continues to pose a threat to society then the requirement that they continue to register with the police will continue.  However, should the police decide that the individual no longer poses a threat to society they requirement for registration will no longer apply.

Firstly it is important to point out that the term “sex offenders register” is somewhat of a fallacy.  There is not a long list of names of people who are sex offenders.  What being placed on the sex offenders register means in practice is that an individual must register with their local police force and provide them certain details such as their address.

I have written on this topic before, but what has spurred me to write about it again was a piece on Radio 5 Live involving John Cooper QC.  The person he was discussing the issue with, a victim’s campaigner, seemed to either not understand the system or was deliberately misleading in order to support her chosen point of view.  One issue that I wish to take issue with was the way in which she continually referred to sex offenders as “him”.  It is shocking that in this day and age that people still do not consider the fact that women do also commit sexual offences and can therefore also be subject to being registered as sex offenders.  I do not have statistics to hand, but it probably is the case that the majority of known offenders are male.  That does not mean that women cannot and do not commit sexual offences.

Some of her other comments as well appeared to demonstrate a poor understanding of the legal system.  It should be made very clear that there is a great deal of difference between an individual’s criminal record and them being subject to the registering requirements as a sex offender.  A person convicted of a sexual offence and who is sentenced to a period of 30 months or more in custody will have to declare their conviction for life.  Currently sentences of 30 months or more never become spent.  Those of less than 30 months will also continue to show on CRB checks where a convicted sex offender applies for certain types of work (e.g. working with children or vulnerable adults).  There is no shirking of responsibility as was suggested on Radio 5 Live.  All that being removed from the register means is that the intense level of scrutiny is removed where that is no longer appropriate or necessary; it does not mean that the fact a person has been convicted of a sexual offence is removed.

The fact that it is the police and not the courts who are considering these applications is another issue.  I noted at the time of the Supreme Court’s decision that the police are not likely to be an independent and impartial tribunal.  It is also putting the police in the position of reviewing the decision of a court which is, I would suggest, not a great idea.  This is not out of some dislike of the police, but rather is about keeping the roles of the police and the courts separate and defined.  It should be the Courts, as it is in Scotland, who conduct these reviews rather than the police.

There is an important point to all of this though.  These sorts of debates are often framed as victim v offender.  However that is, I would suggest, an unsatisfactory way of looking at these issues.  Victims want to see justice and they can seek that through the courts.  If an offender is convicted the court decides upon the punishment.  Punishment should not, except in the most exceptional of circumstances, be continual and never-ending.  As I listened to the piece on Radio 5 Live on this matter I got the distinct impression that the victims’ campaigner was founding her arguments upon punishment and responsibility rather than on public protection.  Keeping an offender on the sex offenders register for an indefinite period where there is no real reason to does nothing at all to increase public protection.  Yes, there will be those who continue to pose a risk to the public and there is no doubt at all that they should remain closely monitored by the authorities to ensure that the public are protected.

One final matter that I wish to address is the comments the victims’ campaigner made regarding cautions and rape.  The campaigner speaking on Radio 5 Live said that it was a matter of fact that rapists were being cautioned.  Anyone who admits rape or is convicted of rape will go to prison and will serve a significant sentence in prison.  It is conceivable that there might be cases where an individual originally accused of rape might be issued with a caution.  Let’s be clear though, these persons were only ever accused of rape; they were never convicted and if they are receiving a caution then it will be for a very minor sexual offence.  Where there is evidence that rape or any other serious sexual offence has occurred then it will be put before the court to determine whether that individual is guilty of rape or not.  To suggest otherwise is nothing other than scaremongering.

So, what does this change in the law not mean?  Firstly, it does not mean that after 15 years of being released that sex offenders will automatically be relieve of the requirement to register with the police.  Secondly, it does not mean that a record of a person’s conviction for a sex offence is no longer in existence.  Their criminal record will remain.  All it means is that after 15 years a person can apply to the police to be considered as being no longer a risk to the public and as such no longer required to register with the police.

Of course, those who are victims of a sexual offence require the empathy and support of society.  They will often live with the ramifications of the offence for many years after the event if not for the rest of their lives.  Those who commit sexual offences are deserving of punishment and must accept responsibility for their actions.  They will be punished by the courts, often by serving a prison sentence, and will face what could be considered as continual punishment through the fact that they will be required to disclose the fact that they have been convicted of a sexual offence.  What we must allow for though is those who have served their punishment and do not continue to pose a danger to the public to get on with their lives in society.  Simply because someone has committed an offence (and this goes for any offences) does not mean that they will always offend.  Rehabilitation is possible and where it has occurred it should be recognised.

Contempt of Court, Criminal Justice, Criminal Law, English Law, Human Rights, Legal System, Scots Law

Contempt of Court

Some crimes attract a great deal of public interest and with almost rolling updates on the progress of investigations through twenty-four hour news channels that interest can be intensified.  There is a risk that comes with this level of publicity in criminal investigations though.  In all of the UK’s legal jurisdictions there exists the presumption of innocence.  That means all persons accused of a crime are, no matter how heinous the alleged crime, presumed innocent until such times as they are found guilty by a court (and of course they may not be found guilty).  A finding of guilt may be as a result of an admission (a plea of guilty) or following a verdict of guilty by the judge/jury.  There exists also, enshrined in the Human Rights Act 1998, a right to a fair trial.  It is essential that if we are to have confidence in both the judicial process and the verdicts of our courts that the process is fair and beyond serious criticism.

In order to ensure that proceedings against a criminal accused are fair there exists the Contempt of Court Act 1981.  Once proceedings against an individual are “live” the provisions of the 1981 Act take effect and restrict the rights of everyone else in society in respect of freedom of speech.  This restriction is absolutely necessary to ensure that trials are not prejudiced by comments made publically.  In the past it was really only newspapers, TV, radio and other such media outlets that had to worry about contempt of court as it was only really them who had the capability of prejudicing a criminal trial.  However, with the advances in technology we have seen everyone becoming a publisher and become affected by the 1981 Act (whether they know it exists, understand it, want to be or care).

Recent high profile cases have demonstrated just how little the general public understand about contempt of court and the risks in publishing potentially prejudicial material.  Cases such as the John Terry public order trial and the PC Simon Harwood trial both resulted in huge discussions on public Facebook groups and on Twitter before and during the trials.  These discussions made clear pronouncments on the guilt or innocence of the defendants in those cases.  The Attorney-General even considered whether to bring proceedings under the 1981 Act in the John Terry case following tweets by another premiership footballer.

More recently, the investigation into the death of Tia Sharp has revealed more issues around Facebook and Twitter, the public and the law.  Some people fail to understand that their posts on Facebook and on Twitter are not like their conversations in a pub or in their living room amongst friends.  Their tweets and Facebook postings have the capability of being seen by literally millions of people as they get re-posted or re-tweeted.  The effect that this can have on a criminal trial is drastic.  It seems as though some people fail to understand, and really need to understand, that if a trial is sufficiently prejudiced it may not be able to continue.  That would mean that the accused is acquitted and walks free from court.  If people really care about justice in these high profile cases as they state they are in their Tweets and Facebook posts then they really should be careful what they Tweet and write on Facebook.  It might seem inconceivable that a Tweet or Facebook post by a “nobody” could have such an effect, but as your friends Re-Tweet/Re-post it and their friends do the same and so on the cumulative effect could be enormous.  How many potential jury members are reading these posts?  While mentioning this case in particular I would like to point out that criminal proceedings are active in this case and that the 1981 Act has now taken effect.  The individual charged and the individuals currently on police bail in this case are entitled to the presumption of innocence and are entitled to a fair trial.

The failure of some people in society, who often make themselves all too vocal on Facebook and Twitter, to allow due process to take place is concerning.  A lot of people seem to fail (or refuse) to understand that arrest and/or charge does not equate to guilt.  Some people seem to bestow super-human qualities on the police.  Some people take the stance that “there’s no smoke without fire” or that “they must be guilty” once someone is arrested or charged with an offence.  We have seen a number of fairly high profile cases where people arrested, charged and even convicted have later been shown to be completely innocent (and that’s innocent in that they didn’t do it rather than innocent because the Crown couldn’t prove it or because of some technicality, not that there’s any real difference in law).

Last year a young man, Dane Williamson, was arrested and charged with serious offences in relation to the mass public disorder that took place last summer.  The offences with which he was charged carried a potential maximum penalty of life imprisonment.  His name was widely publicised and the usual Facebook groups were set up where abusive remarks were posted about him.  He was abused in prison and lost everything when his flat was set on fire while he was on remand.  Even prison officers, it was reported, were abusing him while he was in custody.  In his own words “I was being treated as if I was already guilty.”  He hadn’t been involved in the riots.  He had been working all day and then indoors in the evening that the offence in question took place.  His case underlines clearly the serious problems we have in our society that threaten to undermine the criminal justice process.

Another case is the more widely reported one of Chris Jefferies.  He was arrested on suspicion of Murder in the Joanna Yates murder investigation.  He was subjected to demonization  by the press and again social media sites were jumping down the process and treating him like he had been convicted of the offence.  The “hang ’em” mob were out in full force more or less from the moment his arrest was made public.  Again, he was innocent of any involvement in that crime.  Another man, Vincent Tabak, was convicted in that case.

There are numerous other examples of such cases which could be given.  They underline the need for the Contempt of Court Act.  They should also be acting as lessons for those who jump to the conclusion that everyone arrested or charged must be guilty of whatever it is they have been charged with.  The 1981 Act exists to protect the innocent, to protect the guilty and to protect the public.  It helps to ensure that those who are accused of a crime face justice in a fair way and it protects the public by trying to ensure that things that substantially prejudice the trial are not put into the public domain.  It would not be in the interest of public safety to have dangerous people walking the streets because their trial had to be stopped on the grounds that it had been so substantially prejudiced as to render it unfair.  Such a scenario means that the victims don’t get justice, offenders go unpunished and the wider public are at risk.

Social media is an excellent tool, but the Contempt of Court Act 1981 was written long before the advent of social media.  The technological advances which mean that we have moved away from companies being the only publishers who can reach large audiences with members of the public regularly publishing material that can reach thousands of people within minutes; this creates a problem for the operation of the law.  How do we ensure that those who use Twitter and Facebook are aware of the 1981 Act and what it means for them?  How do we ensure that everyone understands that Facebook and Twitter are not forms of private communication between their friends?  Twitter and Facebook, contrary to the belief of some, is not just like being down the pub with your mates.  The messages posted on these (and other) social networking sites are mostly capable of being seen by anyone in the world.  There are serious questions and it is essential that these are looked at to protect the integrity of the criminal justice system.  It is my view that this is too serious a problem to react to when it’s too late.  Action is needed before a serious case collapses due to prejudice stemming from Twitter, Facebook or another social media outlet.

Links
Contempt of Court Act 1981
Human Rights Act 1998
Police got the wrong man: Salford teen charged with Miss Selfridge arson during Manchester riots is cleared (Manchester Evening News)
The Lesson of Joey Barton’s tweets (The Guardian)
Contempt laws are still valid in the internet age (Comment is free, the Guardian)

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I have left the comments section open for now.  If any comments are posted below which are (or may be considered as) a contempt of court will be removed.  Please comment sensibly.

Criminal Justice, English Law, Human Rights, Immigration Law, International Law, Legal System

Julian Assange

The latest twist in the Julian Assange saga has presented with it some interesting legal and diplomatic questions.  In June Assange walked into Ecuador’s embassy in central London seeking political asylum on the grounds that as a result of the decision to extradite him to Sweden he feared he would be further extradited to the United States of America where his human rights would be infringed.

I am no expert in International law and there are people far more learned than I in these matters who have commented.  I have linked to some of their writings and other commentary at the end of this blog post.  There are serious issues at play in this case and I thought I would put my two-penneth in.

This whole saga started in October 2010 when the Swedish authorities issued a European Arrest Warrant (EAW) for Mr Assange.  EAWs are a way of ensuring the co-operation between member states of the European Union.  When the Swedish authorities issued the EAW, Assange was living in the UK and had been for no more than a couple of months.  There had been appeals against the EAW in Sweden and it was in December 2010 that Assange was informed by the Metropolitan Police Service that a valid EAW had been received.   Mr Assange then sought to challenge his extradition to Sweden in the English Courts and took his case all the way to the Supreme Court of the United Kingdom which held against him.  A number of important decisions were taken in these cases including that the offence for which he is sought is the equivalent to the offence of Rape in English law (something which some Assange supporters, even today, state is not the case) and that the under criminal procedure in Sweden the case against Mr Assange had reached a point that would be the equivalent of having been charged in English law.

One of the difficulties with any extradition proceedings is that each legal system is different and one cannot simply compare the system in the country seeking extradition to the system here in the UK.  Indeed, there is no uniform process of criminal procedure in the United Kingdom.  The UK courts have looked at the Swedish and English systems and decided that if Mr Assange was facing these allegations in England he would likely have been charged by this point.  This is important because Article 1 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (“the Framework Decision”) states that an EAW can only be issued “for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.”  In order to charge Mr Assange with any offence (within the meaning of Swedish and not English law) the Swedish authorities require to conduct a further period of questioning.  Mr Assange and his supporters have tried to use this in order to challenge the validity of the EAW.  However, as noted above the UK courts have found that the Swedish authorities are seeking him for the purposes of conducting a criminal prosecution and not merely to question him in relation to an allegation.

I don’t propose to say much else on the history of this case as it is really history now and much has already been written on it by others.  However, I do propose to consider the developments of the last few days and also some of the wider implications.

I first of all wish to state clearly that I am in favour of Mr Assange going to Sweden to face these allegations.  They remain only allegations at this stage and Mr Assange is afforded the presumption of innocence.  I make no comment on his guilt or innocence in relation to these allegations.  However, they are extremely serious allegations and the women who have made them have rights as well.  They have the right provide their version of events in court and to have the Swedish judicial system consider the evidence against Mr Assange and determine whether he has committed a criminal offence contrary to the law of Sweden.  He may be guilty and he may be innocent.  The only way in which that can be determined is for Mr Assange to face the Swedish judicial system.  If his supporters believe him to be innocent then they should be encouraging him to go to Sweden and prove that fact so as to ensure his name is cleared of these terrible allegations.  In my view, any right-minded and sensible individual should be in favour of Mr Assange going to Sweden to answer these allegations.

There has been some suggestion that Mr Assange could be further extradited to the United States of America where he may be tortured or face the death penalty.  Neither the UK nor Sweden will extradite a person to a country where they will face torture or the death penalty.  The European Convention on Human Rights (ECHR) will simply not allow it and any attempt to extradite Mr Assange to the USA without sufficient assurances that he will not be tortured and that he will not face the death penalty will likely lead to a sufficient challenge before the European Court of Human Rights (ECtHR) in Strasbourg.  Both the UK and Sweden are signatories to the ECHR and under the Framework Directive Sweden would need the consent of the UK before extraditing Mr Assange to the United States of America (Article 28, paragraph 4).  This means that the assurances given by the United States would need to satisfy both Sweden and the United Kingdom that Mr Assange will not be tortured and will not face the death penalty.  Of course the Home Secretary might be minded to give such consent were it sought; it would not prejudice Mr Assange’s right to recourse to the ECtHR.

Earlier this week the Foreign Minister of Ecuador announced that the Government of Ecuador was offering Mr Assange political asylum.  This caused outrange amongst the British and Swedish Governments who strongly criticised the decision.  The evening before the decision on Mr Assange’s application for Asylum was announced the British Government sent what has been considered to be quite a threatening letter to the Government of Ecuador.  It is recognised in International Law that premises used as Diplomatic or Consular premises are sovereign territory of the country using them.  This means that, while still in the UK, the United Kingdom cannot enter the premises to arrest Julian Assange without the permission of Ecuador’s Government.  To do so would be similar to English police officers travelling to Ecuador and removing a person from the country and brining them back to the UK.  They would not normally have jurisdiction to do that, unless Ecuador’s Government had so agreed to them having such jurisdiction.

The latter reminded Ecuador that under English law the UK Government could cease to recognise Ecuador’s premises by virtue of the Diplomatic and Consular Premises Act 1987 (“the 1987 Act”).  The 1987 Act is an interesting one and it wasn’t really enacted with cases like Mr Assange’s in mind.  As Carl Gardner stated in a comment on his blog post in relation to this issue (see links below for article), one of the principle considerations behind the 1987 Act was where diplomatic premises were being misused.  A Minister for State in the Foreign and Commonwealth Office (FCO) at the time, Baroness Young, use the example of where diplomatic premises were being used for terrorist purposes.

The Embassy of Ecuador is being used for the purposes of its mission.  I would find it hard to accept that granting asylum to a person and keeping that person there when the UK did not agree with that decision would be a sufficient reason for de-recognising the current premises used by Ecuador as its embassy.  In any event, removing diplomatic status of Ecuador’s embassy in London would open the way for Ecuador and its allies to retaliate and take action against our own diplomatic premises.  This, I would suggest, is not really a viable option and would be a severe abuse of the legislation.  Quite why the UK put such a “reminder” into a letter is something that can only be speculated upon.  It could have been a blunder, it could have been part of a diplomatic strategy or it could even have been part of an elaborate plan that has been negotiated between the three nations and Mr Assange.

Storming the Embassy is not really an option either.  It’s not been openly suggested by the UK Government, but some on the internet have suggested that the UK Government might just send the British Police (or even the SAS) into the embassy and drag Mr Assange out.  Such a move would be deeply disturbing and would no doubt be considered as an act of aggression towards it by Ecuador.  Again, such a move would put the UK’s diplomatic premises in Ecuador and other nations at risk and would set a dangerous precedent which is clearly contrary to the settled international custom on diplomatic premises.

The outcome of this case is likely to be rather dull than any of this.  It’s not likely to result in Judicial reviews in the UK Courts as the UK tries to use the 1897 Act; it’s not likely to result in a case of Ecuador v the United Kingdom before the International Court of Justice and it’s most certainly not going to result in a raid upon a foreign embassy in London.  What, in my view, is more likely to happen is that deal will be struck which will allow Mr Assange to either hand himself over to UK authorities or to make his way to Sweden and into the hands of the Swedish authorities.  It’s going to be impossible for Mr Assange to get out of the UK to Ecuador and there are real practical issues about him remaining in Ecuador’s embassy for the rest of the days (not least given the small size of Ecuador’s embassy in London).

In essence, Mr Assange should go to Sweden and answer the extremely serious allegations made against him.  He is probably more protected against extradition to the USA by being in Sweden than remaining in the UK.  By going to Ecuador’s embassy he has managed to create a diplomatic nightmare involving at least three countries.  The conclusion to this long-running saga might be some way off, but it will certainly not involve storming diplomatic premises and will unlikely involve stripping diplomatic premises of their diplomatic status.  Although, with Mr Assange anything is possible!

 

LINKS
The Council Framework Decision (pdf)
Extradition Act 2003
Diplomatic and Consular Premises Act 1987
Assange v Swedish Prosecution Authority (High Court of England and Wales judgment)
Assange v Swedish Prosecution Authority (Supreme Court judgment) (pdf)
Wikipedia Article on the European Arrest Warrant
Julian Assange: can the UK withdraw diplomatic status from the Ecuadorian embassy? (Carl Gardner)
Assange, Asylum and Immunity (Charles Crawford)
Julian Assange: can he get out of this? (Carl Gardner)
Will the Ecuadorian embassy be stormed? (David Allen Green)
The desperation of Julian Assange (David Allen Green)
Assange and the Supreme Court decision (David Allen Green)
Assange (@PME200)