Law - new material (33)
01 January 2000
Inquest Law Issue 3 (Winter) 1999, pp8. This edition has pieces on the inquest into the death in police custody of Richard O'Brien and Roger Sylvester, coroners, the inquest into the death of Mark Bell and referring prison custody deaths to the Parliamentary Ombudsman. Available from INQUEST Lawyers Group, Ground Floor, Alexandra National House, 330 seven Sisters Road, London N4 2PJ.
Statistics on race and the criminal justice system: a Home Office publication under section 95 of the Criminal Justice Act 1991. Home Office (Research, Development and Statistics Directorate) 1999, pp64 (http://www.homeoffice.gov.uk/rds/index.htm) ISBN 1 84082 389 5. Contains chapters and statistics on "ethnic monitoring"; PACE and stops and searches; arrests and cautions; prosecutions and sentencing; prisons; racist incidents; police complaints and practitioners in the criminal justice system.
Briefing by Liberty on the Terrorism Bill. Liberty, December 1999, pp30. Comprehensive briefing by Liberty (National Council for Civil Liberties) on the main clauses of the Terrorism Bill, which results from a review of terrorism provisions ("The inquiry into legislation gainst terrorism", Cm 3420, October 1996) and a government paper "Legislation against terrorism", Cm 4178, December 1998. Available from Liberty, 21 Tabard Street, London SE1 4LA, Tel. 0171 403 3888.
Two steps backwards: The Criminal Justice (Terrorism and Conspiracy) Act 1998, C Campbell. Criminal Law Review December 1999, pp941-959. This article reviews the main provisions of the Act. It argues that measures introduced to combat terrorism are likely to prove ineffective and that convictions based on these measures may be incompatible with human rights legislation.
Rights issue, Neil Addison & Chris Taylor. Police Review, 10.12.99, pp17-20. Looks at the background and the potential effect of the incorporation of the European Convention on Human Rights (ECHR) into UK law (via the Human Rights Act which enters into force in October 2000). The authors' suggest that the reality of the Act is likely to be rather less exciting than the "spin", but notes that the guarantee of a fair trial (Art. 6, ECHR) will override the discretion currently exercised by the Crown Prosecution Service in the disclosure of documents to the defence. "That will probably mean disclosing everything which could conceivably undermine the prosecution case". Also considers the relevance of the recent ruling in Scotland that found that Temporary Sheriffs (who dealt with around 11% of Scotland's criminal cases) do not constitute an "independent and impartial tribunal" (as required in Art. 6(1)). To prevent England's part-time judicial system facing a similar challenge, the article calls for the establishment of a form of judicial council based on the Canadian system.
Gaining Ground: Law Reform for Gypsies and Travellers, Rachel Morris & Luke Clements (eds.), Traveller Law Research Unit (Cardiff) 1999, pp150. Covering issues (and their related legal "problems" and solutions) such as education, accommodation and site provision, eviction and criminal justice, planning and health and social services, the authors point out the neglect, discrimination, disenfranchisement and criminalisation Gypsies and Travellers face in all areas of life. Whereas, "there is huge infrastructure of land and housing development, mortgage systems, tax subsidy and a liquid housing market to meet the needs of settled people", Travellers are faced with eviction and settlement in dangerous, polluted areas. Contrary to the belief that the public provision of Traveller sites is too costly, the Traveller Law Research Unit in Cardiff has found that the cost of eviction (which amounts to ?3.5 million for some local authorities) is by and large the same, if not more expensive than the provision of sites. But rather than remaining critical as to pointing out the existing injustices, this book provides detailed law reform proposals for each secti