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BBC Radio 4


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.


Law in Action

The phrase “State related deaths” might mean little to the average person, but it's an umbrella term referring to a death in custody or a mental health setting. It also applies to situations when people have taken their own lives while in the armed forces or even to disasters like Grenfell or Hillsborough. 

What all these have in common is that they are followed by inquests or public inquiries, where investigators or coroners try to work out what caused the deaths. 

Public inquiries are set up to draw conclusions and release their findings, and coroners are required to write a "Prevention of Future Deaths" report when there are lessons to be learned. 

Hundreds of these PFD reports are released in England and Wales each year - yet there is no system in place to ensure preventative changes are made. 

In Scotland, the equivalent is a Fatal Accident Inquiry. It's held by a procurator fiscal - and not a coroner - in front of a sheriff, and has a wider remit than an inquest. It too, can flag up systemic failures that led to a death, and precautions that should be made in future. 

So should the UK have a body that ensures these warnings are heeded?

Also on the programme: 
The government has welcomed Law Commission reforms to Wills - which includes new protections against so-called "predatory marriages". 
And the Supreme Court case which could change the rules for all divorces in England and Wales. 

Presenter: Joelle Grogan 
Producers: Ravi Naik and Charlotte Rowles 
Editor: Tara McDermott

Contributors: 
Deborah Coles, Director of the charity Inquest
Kate Stone, barrister at Garden Court North chambers
Alexander Learmonth KC, barrister at New Square chambers
Tracey Moloney, Moloney Family solicitors

How can avoidable deaths be prevented?

The Victims and Courts Bill is progressing through Parliament, and will force convicted criminals to attend their sentencing hearings. 

If criminals convicted of the most serious offences in England or Wales refuse to attend, or are disruptive in court, they will face an extra two years in prison. There are other sanctions too, including missing out on family visits.

‘Reasonable force’ can also be used to get criminals to attend. 

The families of three women killed in London - Sabina Nessa, Jan Mustafa and Zara Aleena - have been campaigning for a new law. In each case, the men who murdered their loved ones refused to come to their sentencing hearings. 

Their families are not alone; the mother of 9 year old Olivia Pratt-Korbel, who was fatally shot in August 2022, has also been calling for a change in the law. The man who murdered her daughter also refused to come to court to be sentenced. 

But will the changes improve the court system for the families of victims? 

Also on the programme:
The first purely-AI legal service has been given the go ahead in England and Wales - what does it mean for the UK legal sector?
And who gets the dog? Why all couples might want to consider a "pet-nup" in case they split up.

Presenter: Joelle Grogan 
Producers: Ravi Naik and Charlotte Rowles
Editor Tara McDermott 

Contributors 
Charlie Sherrard KC, criminal justice barrister and judge 
Claire Waxman, Victim's Commissioner for London 
Dr Giulia Gentile, Department of Law, University of Essex and expert on AI and digital regulation 
Samantha Woodham, barrister and co-founder of The Divorce Surgery.

Should killers be forced to attend sentencing hearings?

Wrongful convictions in the Post Office scandal and for train fare evasion have been described by the Government as ‘catastrophic failures’, and it's held a consultation in England and Wales to reform private prosecutions. 

It covers private prosecutions brought by organisations, and also, the SJP - the single justice procedure - where a minor criminal offence is decided by a magistrate behind closed doors. Tens of thousands of rail fines have been quashed, after train companies were found to have misused the SJP system. 

So how should private prosecutions be reformed? 

Also on the programme: 
how "No Further Action" and police cautions can leave a lasting mark on safeguarding and criminal records checks. 

(Note that in Scotland, the nearest equivalent to a police caution is a Procurator Fiscal warning which is usually issued for low level offences such as street drinking or breach of the peace).

Presenter: Dr Joelle Grogan 
Producers: Ravi Naik and Charlotte Rowles
Editors: Tara McDermott and Nick Holland 

Contributors: 
Dr Jonathan Rogers, part of the campaign group Criminal Justice Reform Now and Co-Deputy Director of the Cambridge Centre for Criminal Justice
Tristan Kirk court correspondent at the London Evening Standard
Nathalie Potter head of DBS at Olliers solicitors in Manchester

Wrongful convictions: why private prosecutions face reform

What legal responsibilities does a company have to keep your data secure?

M&S, and the Co-op are picking up the pieces after their systems were hacked. 

The cyber criminals claim to have the private information of 20 million people who signed up to Co-op's membership scheme, but the firm have not confirmed that number. The Co-op says the breach did not include members’ passwords, bank or credit card details. However, experts say seemingly innocent information can be used to commit fraud or identity theft.

Companies aren’t the only target; on Monday this week, the Ministry of Justice revealed that the Legal Aid Agency was also hacked in April. 

So can you sue if your private data is stolen in this way? And if you're the employee who clicked on a hacker's dodgy link in an email, how liable are you for any losses that occur?

Also on the programme: 
How survivors of domestic violence in Scotland want to be told if their attackers make plea deals. 

Presenter: Joelle Grogan 
Producers: Ravi Naik and Charlotte Rowles 
Editor: Tara McDermott

Contributors 
Joe Tidy, BBC Cyber Correspondent 
Tim Capel, Legal Counsel for the Information Commissioner’s Office
Ian Jeffrey, Chief Executive of the Law Society
Brian McConnachie KC, a former crown prosecutor and now a senior advocate:

My data's been stolen in a cyberattack - can I sue?

When someone passes away - legally, what do you have to do?

In this episode, Dr Joelle Grogan and guests look at the host of legal obligations that have to be considered in England and Wales from declaring a death, to the circumstances in which a coroner becomes involved, dealing with a dead person’s estate and the grant of probate.

Note that in Scotland, different laws and rules apply. The Procurator Fiscal investigates all sudden, suspicious, accidental, unexpected and unexplained deaths and any death occurring in circumstances that give rise to serious public concern. Also in Scotland, "Confirmation of Executors" - also known as Confirmation - gives someone the legal authority to manage and distribute a deceased person's estate. It is similar to probate, but some procedures and terms used in the process differ.

Also on the programme:

A teenage boy recently lost a High Court case against his parents. He was unhappy that they had placed him in a Ghanaian boarding school because they feared that he was becoming involved in criminal activity in London.

The case rested on parental responsibility, and the judge ruled that their actions were within the scope of decisions that parents can make - and that the state shouldn't intervene.

But what is "parental responsibility" and is there a situation where a child can divorce their parents?

Presenter: Dr Joelle Grogan
Producer: Ravi Naik
Editor: Tara McDermott

Contributors:
Rachel Roche, from Roche Legal in York
Dr Imogen Jones, Associate Professor in Law at the University of Leeds
Melinda Giles, Law Society Council member and part of their Wills & Equity Committee
Tracey Moloney, from Moloney Family Solicitors

Death and the Law in England and Wales

Justice delayed is justice denied - the court backlog in England and Wales has reached a record high and suspects being charged with new offences are regularly told they may not get a trial until 2027. Some courts are already booking court dates for 2028. The government has commissioned an independent review of criminal courts to work out how to cut waiting times. A victim of crime and a criminal defence solicitor tell Dr Joelle Grogan about the human cost of court delays. 

Also on the programme, the MP introducing a law to end the abuse of Lasting Powers of Attorney and what can someone do when their ex refuses to pay child maintenance?

Presenter: Dr Joelle Grogan 
Producers: Ravi Naik and Louise Clarke 
Editor: Tara McDermott 

Contributors: 
Tracey Moloney, solicitor, Moloney Family Solicitors
Stephen Davies, criminal defence solicitor at Edwards Duthie Shamash Solicitors 
Tom Franklin, CEO of the Magistrates Association 
Professor Carolyn Stephens, whose father was a victim of LPA abuse 
Fabian Hamilton, Labour MP for Leeds North East.

The human cost of court delays

Since the October 7th attacks by Hamas on Israel, and the IDF military invasion of the Gaza strip, terms like 'war crimes', 'crimes against humanity' and 'genocide' have been used when discussing the conflict.

Warrants have been issued by the International Criminal Court in the Hague for Israeli Prime Minister Benjamin Netanyahu, his former defence minister Yoav Gallant, and a Hamas commander Mohammed Deif - who has since died in an air strike - citing allegations of war crimes and crimes against humanity.

In this special episode of the Law Show, we'll ask what are the legal definitions of these terms, how victims in a conflict situation can seek justice, and we'll explain the difficulties of gathering evidence in war and proving claims in an international court. 

Presenter: Dr Joelle Grogan 
Producer: Louise Clarke 
Editor: Tara McDermott

Genocide, war crimes and justice

Lucy Letby is serving 15 whole-life sentences after being convicted of murdering seven babies and attempting to murder seven others at the Countess of Chester hospital - with two attempts on one of her victims - between June 2015 and June 2016. 

But a campaign to clear her is being led by 14 medical experts who say there is no medical evidence for murders or attacks on those babies in her ward at the hospital. 

The expert witness at her trial, Dr Dewi Evans, has consistently defended the evidence he provided to the court. 

So what is an expert witness? When is their evidence required in court, what do they do, and who pays their fees? 

Also on this week's programme: 
Prince Harry wanted his day in court to face News Group Newspapers, but it never happened. Why did his case end so abruptly? 
And marry in haste repent at leisure - or not. The "legal queen" Tracey Moloney on annulment, divorce and why you can't choose between them. 

Presenter: Dr Joelle Grogan 
Producers: Ravi Naik and Louise Clarke
Editor: Tara McDermott

Contributors: 
Retired Crown Court Judge Nigel Lithman KC 
Amel Alghrani Professor of Law at the University of Liverpool
Aejaz Mussa, Barrister, One Law Chambers

Expert witnesses in criminal trials

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 McDermott

Contributors: 
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

Joint enterprise - what is it and why is it controversial?

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 Ogundele

Contributors
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

Miscarriages of justice and the CCRC

Earlier this year, Airbus was ordered to pay nearly €1bn by a criminal court in London. The penalty, for failure to prevent bribery, was more than twice the fines paid by defendants in England and Wales for the whole of 2018. In addition, the global aerospace company was required to pay fines totalling €2.6bn in France and the United States. But Airbus has not been convicted of any crimes and nobody has gone to prison. Joshua Rozenberg Investigates deferred prosecution agreements. 

Contributors:
Tim Bowden, partner, Dechert
Alex Brummer, City editor of the Daily Mail
Toby Duthie, co-founder, Forensic Risk Alliance
Duncan Hames, director of policy, Transparency International
Laura Haywood, case controller, Serious Fraud Office
Eric Russo, prosecutor, Parquet National Financier
Janette Rutterford, emeritus professor of finance and financial history, Open University Business School

Researcher: Diane Richardson
Producer: Neil Koenig

Deferred Prosecution Agreements: pragmatic but unprincipled?

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