NorthPod Law's Podcast

This week (in our new home)Kirstin thinks it's mainly about the money whilst Ben's not so sure.

If you are using iTunes or a good quality podcast app on Android, you need to do nothing. The new shows will find you.

If you have subscribed manually to our show, you'll need to use our new feed from this week - see the link below.

Finally, you can still find the show on your internet browser by going to www.northpodlaw.co.uk (from about Friday 25th January 2013).

http://feeds.feedburner.com/NorthpodLaw

Or "Through Gritted Teeth". Happy New Year to all our listeners and followers.

Ben and Kirstin look at 3 cases and a planned change to statute that were all determined with great reluctance.

First up is a very depressing costs case - the CPS have everywhere to hide now it seems.

Then our regular contributor, Jonathan Holt, takes through a European case regarding Religious rights.

The final case is an important one regarding the Consumer Regulations Act 2008 and we end, not uncommonly, by suggesting the Dear Home Sec might want to mug up on the laws available to her before making comment. 

British Airways wearing cross case and others

Consumer Regs case

Changes to S5

Murder Tarriffs

For the last show of the series, we are joined by award-winning blogger, Lexy Ellis, to talk about post-natal depression, post-natal psychosis and child deaths.

In the week when Felicia Boots was given a hospital order for the killing of her two children, we discuss how mental health provisions and the criminal law apply in these tragic cases.

Lexy has written with great insight and dark humour on her blog MammyWoo  about her own fight with mental health after giving birth.  She has a loyal following that even includes Ruby Wax!

Also, on this week’s show, we talk about CRB disclosures and the duty of the Chief Constable to consult the individual before making disclosures of potentially harmful and evidentially untested information to potential employers.

Kirstin talks about the case of Walker and how reading the statute in firearms cases sometimes spells out the bleedin’ obvious!

Jonathan fumbles a donkey metaphor as he explains the case of AM and how challenging the composition of a jury needs to be done at the time and how sitting on the fence will get you nowhere on appeal.

See you next series!

Surprisingly full coverage by the Daily Mail of Felicia Boots’ case:
http://www.dailymail.co.uk/news/article-2225207/Felicia-Boots-Postnatally-depressed-mother-killed-14-month-old-daughter-10-week-old-son-face-prison.html?ito=feeds-newsxml

And for older children case:
http://www.bbc.co.uk/news/uk-england-18159890

and the more interesting review that followed it:
http://www.bbc.co.uk/news/uk-england-14472923

Lexy Ellis’s blog:
http://misslexywoo.wordpress.com/

R (on the application of J), the CRB case:
http://www.bailii.org/ew/cases/EWHC/Admin/2012/2996.html

Williams.
http://www.bailii.org/ew/cases/EWCA/Crim/2012/2162.html

AM
http://www.bailii.org/ew/cases/EWCA/Crim/2012/2056.html

It's all a little dark this week. Even where the point is nothing to do with sexual abuse it seems the case is.

Then we turn to more straight forward mental health related points of law.

Ben worries about the DPP having his discretion fettered, Kirstin approves the Court of Appeal judgement over good character directions and Jonathan raises his eyebrows at the actions or lack there of of our beloved Home Sec.

Lots of links this week!

Non forfeiture of computer in sex photos case

When and how to give good character direction

Jury can use previous abuse to assess consent

Victim impact statements go too far for sentencing

It's all about POCA tonight. Benefit figures, hidden assets, realisable amounts... In other words, spouses and houses. Ex-DCI Fox runs us through the basics of what you need to do to ensure your client doesn't pay more than he should and ensure he wants to recommend you to all his friends.

In the news we cover the proposed defending your home defence and the sentence by victim idea. If you think we're going to rant and pull our hair out you may just have a point.

Should you need the services of the lovely Mr Fox and his team you can find him at http://www.legalreviewservices.co.uk/main.php

Oh and there might be a mystery voice round too.

Well hello again! This week Ben and Kirstin are joined by Ian Owen of I J Owen Solicitors to talk about who should make charging decisions. We catch up with some of the news from the time we've been away and Jonathan's not with us so we make the most of it and roundly abuse him at every opening. This series we're hoping to cover POCA, Hillsborough and a couple of other things - but no promises, you know we won't keep them! If you want to sign Ian's petition click the link here.

It's the last of another series here at Podcast Towers and it's all about things new. First Ben and Kirstin discuss the very soon to begin Weekend Court Pilot - This one's at Manchester but watch out wherever you are because there are others and anyway we can't help feeling it'll be "a success" no matter how it goes. Then we talk to Probation's Mark Lee-Kilgariff and Deborah Holmes about a new Sex Offenders' program. If you'd like to get in touch with them, the web-site is www.controlprogramme.co.uk. Jonathan's microphone proves it's done a whole series by giving up the ghost so you'll have to listen extra hard but we do sort it half way through - promise! Let us know what you think about anything we've covered or anything you'd like us to cover. See you 28 September!

This week Ben and Kirstin discuss the Court of Appeal Case Gul v R. Is it OK to ignore Mode of Trial in some circumstances? And, of course the Twitterjoke trial.

Meanwhile, Jonathan has been talking to Nazmun Ismail about her success in the very recent Supreme Court ruling KM Zimbabwe, dealing with whether or not one should be allowed to choose not to believe something and whether it's a fundamental right.

We also give you the answer to the question, "Can you give a consecutive sentence to a lifer?"

Gul v R

R v Taylor

This week we crack open a few beers with Phil Barnes, HCA from Tranters Solicitors in Stockport. We discuss and generally rant over the new white paper - Swift & Sure Criminal Justice. Magistrates sitting alone, weekend courts, intervention of the court system with troubled families...the genius goes on and on. Anyway the Phil gives us his views - although what it's got to do with him I don't know - the Defence are entirely otiose apparently. White Paper

*terms and conditions apply

It's Immigration this week as we look at the explosive ruling in Alvi. When is a rule not a rule? When it's a code apparently - or guidance or supplementary material or....

And if it's not a rule then the Home Office can't say your not coming in. Will the Home Secretary be able to sort it out? Jonathan talks us through it - frankly with quite a lot of glee in his voice.

In other news Insurers are found out in regard to PI claims and Law Centre funding by way of taxing solicitors - well you're all fat cats aren't you?

Insurers responsible for PI claims

Law Centre "Robin Hood tax"

Alvi

Don't forget to vote in the CBA election!

Following the technical disaster last week, John Cooper QC was kind enough to join us once again to talk about his manifesto for the Criminal Bar Association Vice-Chairman's position.

The subjects up for discussion include the BPTC aptitude test and the conflicting interests between the providers pockets and the quality of the candidates; potential strike action; how to get the CBA out of London and engaging with wider Bar; and why the Bar and Solicitors need to be a unified fighting force but not a unified profession.

Sadly, we were unable to talk to the other two candidates owing to the late notice but their profiles are available online so check those out too.

To vote, you must be a CBA member and you will need to visit www.criminalbar.com with your membership number to hand.

There are no offline methods of voting this year and voting ends at 4pm on Friday 20th July 2012.

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