Weekly conversation that will give you an in-depth understanding of the law stories making news and the legal decisions that could have a bearing on everyone in...
Joint enterprise - what is it and why is it controversial?
A parliamentary inquiry has just started work into the law around Joint enterprise.Joint enterprise is contentious because if a person is seen to be involved in a crime, from knowing about it, to egging someone on, being present, or even being able to predict that someone is likely to use a weapon like a gun - then they could be considered as guilty as the person who pulled the trigger. It has a long history, but in recent times, it has been used as a way of prosecuting murder, especially in cases involving groups of people, when it's not known who carried out a killing. But is it being applied fairly? The CPS says “We choose the right charges for the right people based on the evidence in front of us. We look objectively at the evidence before making our own decisions.and they add that “The CPS carefully monitors joint enterprise prosecutions, with senior legal oversight over every case to ensure that our approach is fair and proportionate.”But campaigners say joint enterprise disproportionately results in working-class and black youths being prosecuted and convicted. Presenter: Dr Joelle Grogan
Producers: Ravi Naik, Arlene Gregorius and Bob Howard
Editor Tara McDermottContributors:
Alexander Hughes, Head Judicial Assistant at The Supreme Court
"Cleeshay" who was convicted of murder under joint enterprise
Jan Cunliffe, co-founder of Joint Enterprise Not Guilty by Association (JENGbA)
Tracey Moloney, solicitor, Moloney family Law
Dr Sam Fowles, a barrister and author
David Duncan, solicitor and Director of the legal firm Duncan & McConnell in Dundee
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28:30
Miscarriages of justice and the CCRC
The job of the Criminal Cases Review Commission - or CCRC - is to investigate cases where people may have been wrongfully convicted of a crime in the criminal courts of England, Wales, and Northern Ireland. The CCRC has faced criticism over it's actions - or lack of action - in a high-profile miscarriage of justice. In April this year, the CCRC offered an unreserved apology to Andrew Malkinson. He spent 17 years in prison following conviction for a rape in Salford that he didn’t commit. DNA testing which led to his conviction being quashed was not commissioned by the CCRC, and in July, an independent review found that he could have been freed five years after receiving a life sentence in 2003. After the report was published, the Justice Secretary called for the resignation of the chair of the CCRC, Helen Pitcher. However, she said she was still the “best person” for the job and that she had no intention of standing down. So how does the Criminal Cases Review Commission work? How does it make decisions about which cases should go back to the Court of Appeal, and which should be rejected?Also this week:
- Are the laws around accessing social care for disabled children too complicated?
- And if you’re selling your home - are you legally bound to mention problem neighbours? Presenter: Dr Joelle Grogan
Producers: Ravi Naik and Nathan Gower
Editor: Tara McDermott
Production Coordinator: Maria OgundeleContributors
Dr Hannah Quirk, a Reader in Criminal Law at King’s College London, who also used to work at the CCRC.
Professor Alison Young, Commissioner for Public and Welsh Law, the Law Commission.
Catriona Moore, policy manager at IPSEA, a charity which helps parents with SEND legislation - Special Educational needs and disabilities.
Tracey Moloney, from Moloney Family Law, also known as the Legal Queen on social media
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28:46
Inside the Family Courts
Last year, more than a quarter of a million cases started in Family Court in England and Wales. Yet, to most people, the way they work is a mystery. Traditionally, they were always held in private, because they discuss sensitive information about peoples' personal lives, and to protect children from harm.Since 2009 reporters have been allowed to attend hearings. But they weren't allowed to tell anyone what was said without the permission of the court, and judges could exclude them.Now, a pilot has been operating in 19 areas across England and Wales to allow journalists and legal bloggers to report Family Court cases, subject to strict rules of anonymity. Last week, it was extended to cover both private and public family cases at magistrates courts in the pilot areas. But will it improve confidence and help people understand how the family courts work? This week, Dr Joelle Grogan is joined by BBC correspondent Sanchia Berg and Lucy Reed KC, chair of the charity, the Transparency Project, to explain how the family courts work, what people attending them can expect, and why the reporting pilot is vital.Presenter: Dr Joelle Grogan
Producers: Ravi Naik and Arlene Gregorius
Editor: Tara McDermott
Production Coordinator: Maria OgundeleContributors:
BBC Correspondent Sanchia Berg.
Lucy Reed KC, family law barrister at St John's chambers, legal blogger, and chair of the Transparency Project.
Samantha Woodham, family law barrister at 4PB chambers and co-founder of the Divorce Surgery
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32:04
The Renters' Rights Bill
In this new series of the Law Show, Dr Joelle Grogan and guests look at the legislation that affects your life. One of the flagship pieces of legislation for the Labour Government is the Renters' Rights Bill - scrapping no-fault evictions, and imposing new obligations and penalties on rogue landlords. How will it benefit tenants and affect landlords? Also on the programme: a raft of new laws are coming into effect this autumn, but who decides when a law becomes active or is enforceable? And family law solicitor Tracey Moloney joins us to look at an aspect of divorce that fills many people with dread: the division of assets. Can your ex claim against property you brought into the marriage? Can they claim your pension? And how can the answers to those questions differ, dependent upon where you live in the UK? Presenter: Dr Joelle Grogan
Producers: Ravi Naik and Arlene Gregorius
Editor: Tara McDermott
Production Coordinator: Maria OgundeleContributors
Dr Sam Fowles, author and barrister at Cornerstone Barristers
Tracey Moloney, from Moloney Family Law, also known as the Legal Queen on social media
Dr Christy Burzio, barrister at Tanfield Chambers
Sarah Taylor, partner at Excello Law in Bristol
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28:30
Traumatised jurors, prenups and Japanese knotweed
Weekly conversation led by Dr Joelle Grogan to give you an in-depth understanding of the law stories making news and the legal decisions that could have a bearing on everyone in the UK. This week:
Traumatised jurors: new research has found that as much as half of people who serve on the juries of gruesome criminal trials, such as child murders or rape, can suffer symptoms of vicarious psychological trauma as a result. A pilot scheme to offer free counselling to affected jurors has now been shelved in England and Wales due to the election. But in Scotland and Northern Ireland support is available. Joelle discusses all this and what else happens on jury service with criminal defence barrister and part-time judge Charlie Sherrard KC, and with author, commentator and barrister Dr Sam Fowles. Prenuptial contracts: what is a "prenup," as they're often called? Should you get one even if you're not wealthy? Are they legally binding in the case of divorce, or not worth the paper they're written on? What do you need to do for the courts to uphold them in the various parts of the UK? Family law solicitor and social media's "legal queen" Tracey Moloney has the answers. And: Japanese knotweed, a fast-growing invasive species so tough it can only be successfully removed by professionals. A Scottish couple has been granted permission by an Edinburgh sheriff to sue the previous owners of their home, who had not declared that there is Japanese knotweed on the property. This case centres around whether or not it counts as an "infestation". Other home seller packs ask about knotweed explicitly. Dr Sam Fowles explains the law, and who you can sue if you find yourself with unwanted knotweed after all. Presenter: Dr Joelle Grogan
Producers: Ravi Naik and Arlene Gregorius
Editor: Tara McDermott
Production co-ordinator: Maria Ogundele
Weekly conversation that will give you an in-depth understanding of the law stories making news and the legal decisions that could have a bearing on everyone in the UK. Whether it's unpicking a landmark legal ruling, explaining how laws are made or seeking clarity for you on a legal issue, The Law Show will be your guide.