Tag Archives: justice

Tottenham Palestine Literature Festival 2014

Is Tottenham a little village? Some one involved in the literature festival was a friend of a friend of mine, an ex-colleague of another friend and the colleague of another, although none of us knew about these connections until yesterday. [Link to the festival’s page]

Diluting Defendants’ Rights: Corroboration

The law until 1994 Until 1994, the criminal law of England and Wales required that there should always be ‘corroboration warning’ in sexual offence cases. A conviction where no warning had been given or was given improperly would most likely be overturned on appeal. A jury could convict a defendant in such a case where […]

Defendant anonymity: a provocative suggestion…

Of course, there is another solution to the impasse over defendant anonymity until conviction in sexual offence cases. It’s an idea which those who argue for a free and open press and a transparent justice system might well appreciate. It’s this. Repeal the law providing complainants in sexual offence cases with anonymity. Indeed, make it […]

Defendant anonymity: an emerging debate?

A debate seems to be emerging around the search of Sir Cliff Richard’s Sunningdale home and the tip-off to the BBC. It is about time that this debate takes place. But it is a pity that the way it arises should be so prejudicial to a person who has not yet even been interviewed by […]

Defendant anonymity: an update

The 14 August 2014 search of Sir Cliff Richard’s Berkshire home after an allegation of sexual molestation of a minor in 1985 and the attendant press coverage highlight the pressing need for defendant anonymity in alleged sexual offence cases, as we claimed in two recent posts. Various aspects of this event demand inquiry. Cliff Richard, […]

Defendant anonymity (part 2)

[Go here for the first part of this extended post…] A summary of the debate (continued) Since 1981 it has been the law in the Republic of Ireland that defendants in rape [1] trials cannot be identified pre-conviction. There is a provision [2] – which deals with Thornberry’s claim about the availability of defence witnesses […]

Defendant anonymity (part 1)

In England and Wales, the complainant in a sexual offence prosecution is conferred life-long anonymity. Nothing can be published which is likely to lead members of the public to identify them. It would be contempt of court to do so. Should the defendant in such cases be granted anonymity also, at least unless and until […]

Ministers of justice?

In England and Wales [1], criminal trials take place adversarially. Before an impartial tribunal, evidence of alleged criminality is put forward by the Crown and answered by the defendant, and a jury (in serious cases) determines which account is true. For justice to result, certain principles have to be kept to. Some of them are:- […]

Victim-centered justice? (part 2 of 2)

[Go here for the first part of this extended post…] Gittos claims that, as it turned out, this new approach helped pave the way… for a justice system which has spent 16 years completely reorientating itself away from objectivity and dispassionate assessment of evidence and towards elevating the rights of the victim at the expense […]

Victim-centered justice? (part 1 of 2)

Here’’s how the prosecution system worked in England and Wales until at least 1994. (This applied to sexual offence cases and also to other kinds of offence based on a complaint.) After a complaint a police inquiry would be initiated. The complainant was an important part of that process, but the police and CPS would […]