Afleveringen
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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 âWe 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 âThe CPS carefully monitors joint enterprise prosecutions, with senior legal oversight over every case to ensure that our approach is fair and proportionate.â
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 HowardEditor Tara McDermott
Contributors: Alexander Hughes, Head Judicial Assistant at The Supreme Court"Cleeshay" who was convicted of murder under joint enterpriseJan Cunliffe, co-founder of Joint Enterprise Not Guilty by Association (JENGbA)Tracey Moloney, solicitor, Moloney family Law Dr Sam Fowles, a barrister and authorDavid Duncan, solicitor and Director of the legal firm Duncan & McConnell in Dundee
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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 didnât 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 âbest personâ 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 youâre selling your home - are you legally bound to mention problem neighbours?
Presenter: Dr Joelle GroganProducers: Ravi Naik and Nathan GowerEditor: Tara McDermottProduction Coordinator: Maria Ogundele
ContributorsDr Hannah Quirk, a Reader in Criminal Law at Kingâs 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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Zijn er afleveringen die ontbreken?
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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 GroganProducers: Ravi Naik and Arlene GregoriusEditor: Tara McDermottProduction Coordinator: Maria Ogundele
Contributors: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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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 GroganProducers: Ravi Naik and Arlene Gregorius Editor: Tara McDermottProduction Coordinator: Maria Ogundele
Contributors Dr Sam Fowles, author and barrister at Cornerstone Barristers Tracey Moloney, from Moloney Family Law, also known as the Legal Queen on social mediaDr Christy Burzio, barrister at Tanfield ChambersSarah Taylor, partner at Excello Law in Bristol
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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 GregoriusEditor: Tara McDermott Production co-ordinator: Maria Ogundele
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Weekly conversation led by Dr Joelle Grogan about the law stories making the news and the legal decisions that could have a bearing on everyone in the UK. Whether itâs explaining a new law or seeking clarity for you on a legal issue, The Law Show will be your guide.
This week:
Water: from the cryptosporidium outbreak in tap water in Devon, to E. coli bacteria in the Thames, and sewage in rivers, lakes and seas across the country - what does the law say about clean water? What obligations do water companies have, who enforces this, and who keeps an eye on the enforcers? Do we have a right to clean water to drink or swim in? Joelle explores all this and more with Angus Evers, Partner and Head of Environment Law at Shoosmiths, and with Dr Charlotte Proudman, a barrister and academic.
Divorce: in England and Wales, the only divorce available now is no-fault divorce, as a result of a law change that came into force last year. As family law solicitor Tracey Moloney points out though, you also need to get a financial order. If not, your ties haven't been fully severed, and your ex-spouse could make a financial claim in future. In Scotland, you need to prove irretrievable breakdown of the marriage to get a divorce, or that one of you is applying for a gender recognition certificate. In Northern Ireland, you need to cite reasons like adultery, unreasonable behaviour or desertion.
And: the Leasehold and Freehold Reform Act 2024 was the last bill that became law just before parliament was dissolved for the general election. Under the Act, which covers England and Wales, leaseholders will gain more rights. For example, it will become easier and cheaper for them to buy their freehold, or extend leases to 990 years. There is also a ban on the sale of all new leasehold houses. But, the Act didn't cap, let alone abolish, ground rent, and hasn't come into force yet...
Producers: Ravi Naik and Arlene GregoriusEditor: Tara McDermottProduction Co-ordinator: Maria Ogundele
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Weekly conversation led by Dr Joelle Grogan about the law stories making the news and the legal decisions that could have a bearing on everyone in the UK. Whether itâs 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.
This week:
Assisted dying. Jersey, the Isle of Man, and Scotland are all taking steps towards making it legal to help someone die, in very specific and limited circumstances. It's currently a crime punishable by 14 years' imprisonment in England, Wales and Northern Ireland. Dr Joelle Grogan is joined by Professor Emily Jackson of the LSE, a specialist in medical law, and by barrister Dr Charlotte Proudman to navigate the law around assisted dying and to explain the differences between assisted suicide and euthanasia.
Is there a point to county court judgements if they can't be enforced? Social media's "legal queen", solicitor Tracey Maloney, answers a question from a listener, who got a county court judgment against a builder, but still hasn't got her money back.
Art or evidence? Drill music, with its sometimes violent-sounding words, has been used by the prosecution in criminal trials to help paint a picture of the defendants as gang members. But is it fair to claim lyrics like "try deadin' him" are proof of criminal intent, or are these words just fiction? Senior criminal barrister and co-founder of the "Art not Evidence" campaign Keir Monteith KC argues that drill is being used unfairly against Black boys and young men. The Crown Prosecution Service insists that they âwould not use this evidence if it was not relevant.â
And a listener asks: is it legal to sunbathe naked in your garden?
Producers: Ravi Naik and Arlene GregoriusEditor: Tara McDermottProduction co-ordinator: Maria Ogundele
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Weekly conversation led by Dr Joelle Grogan that gives you an in-depth understanding of the law stories making the news and the legal decisions that could have a bearing on everyone in the UK. Whether itâs 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.
This week:
Protest law has been tightened up a lot in the last year, giving the police more leeway to stop disruption. But parts of the new powers have now been deemed unlawful by the High Court. So what is and isn't legal when it comes to protest? And how should the police handle protesters? Joelle explores all this with barrister Dr Sam Fowles and with Andy Walker from the College of Policing.
Is it legal to build on greenbelt land? Campaigners in Greater Manchester are taking legal action after Bury council announced plans to build 1500 homes on greenbelt.
And: why you may need a "Lasting Power of Attorney", even if you're married. If your spouse were to be incapacitated, being next of kin is not enough to make financial or health decisions about them. Social media's "legal queen", solicitor Tracey Maloney, talks us through how and when to get an LPA.
Producers: Ravi Naik and Arlene GregoriusEditor: Tara McDermott Production coordinator: Maria Ogundele
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Itâs a practical guide to navigating the law. Each week Joelle will be joined by a family of experts to offer in-depth understanding of the legal issues making the headlines, and explain how they affect us.
Whether itâs 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.
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Dame Sue Carr, Baroness Carr of Walton-on-the-Hill, is the first Lady Chief Justice, the first woman to hold the role. She gives her first broadcast interview as head of the judiciary of England and Wales to Law in Action, for its farewell edition. She speaks about her priorities, hopes, and concerns, and marks the end of Law in Action by looking back at 40 years in the law. She also picks her favourite editions of the programme, and closes with a tribute to presenter Joshua Rozenberg.
Lord David Pannick KC is widely regarded as the most successful lawyer of his generation practising in his chosen area of the law, public law. Things might have turned out differently though: he had been approached to host Law in Action originally, and presented the pilot edition of the programme, produced by Joshua. He too looks back over the last 40 years and finds that much has changed in court.
We then look ahead to the future, and the next generation of those grappling with the law: we join 15-year old GCSE students at Trinity Academy in Brixton, south London, as they are taught The Big Legal Lesson - as part of a campaign by the charity Young Citizens. What do they make of the law?
Presenter: Joshua RozenbergProducer: Arlene GregoriusResearcher: Diane RichardsonProduction Coordinator: Katie Morrison Editor: Clare Fordham
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Following a Court of Appeal ruling this week about a case referred to the senior judges by the Attorney General, those charged with criminal damage for actions like throwing red paint at a building as a protest, can no longer use a certain defence to be acquitted. Parliament had intended the defence for different circumstances. Protesters used to be able to claim that had the owners of the damaged property known of the reasons for the damage, such as to highlight climate change, they'd have agreed to it. The Attorney General, Victoria Prentis KC MP speaks exclusively to Joshua Rozenberg about what this victory means.
Prisons are almost full, and to help make room, the Justice Secretary Alex Chalk KC MP has announced that prisoners meeting certain criteria can be released up to two months early. Prison campaigners must be pleased, or are they? Andrea Coomber KC (hon), chief executive of the Howard League for Penal Reform, has a more mixed reaction.
How are prisons in England and Wales dealing with inmates with severe mental health needs? Independent Monitoring Boards (IMB), which are often called the eyes and ears of the public in prison, believe that too often prisons rely upon tough segregation units to manage inmates with mental health needs. IMB volunteers share their observations, and Elisabeth Davies, IMB National Chair, calls for a faster transfer to secure hospital units instead.
Awaab Ishak was aged just two when he died as a direct result of exposure to mould in the home his family rented from Rochdale Boroughwide Housing. The coroner issued a Prevention of Future Deaths report as a result, but it was only following a campaign by Awaab's parents and others that the law was changed. Awaab's Law, as it's being called, will specify the timeframes within which social landlords have to respond to complaints of mould. We hear from barrister Christian Weaver of Garden Court North, who represented Awaab's family.
Presenter: Joshua Rozenberg Producer: Arlene GregoriusResearcher: Diane RichardsonEditor: Clare FordhamProduction coordinator: Katie Morrison
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How do we prevent young people from becoming involved in knife crime? Joshua speaks to 'Jay' who began carrying a knife in his early teens before being helped to change his perspective, and his life.
We explore the link between school exclusions and crime, and hear that workshops using graphic evidence to deter young people from carrying a knife can be counterproductive.
We also find out about innovative policing methods to deter young people from carrying knives, or, if they've been caught already, try and get them back onto the right track without prosecuting them in court or sending them to prison. Can treatments like cognitive behavioural therapy and mentoring, as well as help with education or employment, help young people turn their lives round?
Contributors:'Jay' who carried knives as a young personRobin Lockhart, Director of Development, Catalyst in Communities Dr Charlotte Coleman, Deputy Head of Psychology, Sheffield Hallam UniversityAika Stephenson, Co-Founder and Legal Director, Just for Kids LawDr Peter Neyroud, Associate Professor, Cambridge University Institute of CriminologyBruce Houlder KC, founder, Fighting Knife Crime London
Producer: Arlene GregoriusResearchers: Marianna Brain and Diane RichardsonEditor: Tara McDermottProduction Coordinator: Katie Morrison
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The Post Office scandal is one of the UK's most widespread miscarriages of justice, with hundreds of people wrongfully convicted of theft or false accounting. In most of these cases, the Post Office was the investigator, prosecutor and the alleged victim.
Did Post Office lawyers act unethically by failing to disclose evidence that might have helped the people they were prosecuting? Might they face criminal proceedings for attempting to pervert the course of justice?
The Post Office no longer brings private prosecutions in cases such as this. But should we still be allowing anyone apart from a public prosecutor to bring criminal proceedings in the name of the state?
Presenter: Joshua Rozenberg Producers: Arlene Gregorius and Diane RichardsonResearcher: Marianna Brain Editor: Clare Fordham Production coordinator: Maria OgundeleSound engineer: Neil Churchill
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Can juries acquit a defendant as a matter of conscience? For example, if people are accused of causing criminal damage as part of a protest, could the jury find them innocent despite the judge's directions? Joshua speaks to Clive Dolphin from Defend our Juries; Richard Vogler, Professor of Comparative Criminal Law & Criminal Justice, University of Sussex, and Tana Adkin KC, Chair of the Criminal Bar Association.
There are currently around 5000 active satellites in space and that's expected to rise to 100,000 by 2030. Satellites generate debris, too, and even a tiny fleck of paint can cause serious damage when colliding with something else, due to the speeds involved. But who is liable if one satellite damages another? Joshua asks Rachael O'Grady, Partner at Mayer Brown if international space law is keeping up with technology.
If you find treasure in Scotland, can you keep it and will the finder receive a reward for declaring it? We hear from Glasgow University student Lucy Ankers who discovered a hoard of coins thought to be linked to the 1692 Glencoe massacre and Bobby Sandeman, Chief Executive of King's and Lord Treasurer's Remembrancer.
Presenter: Joshua RozenbergProducers: Diane Richardson and Arlene GregoriusSound: Graham Puddifoot and James BeardEditor: Carl Johnston
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What if someone uses AI to create a fake version of your voice for their own aims? Recently, the actor, broadcaster and writer Stephen Fry found that someone had recreated his voice to narrate a documentary without his knowledge. What does the law have to say about deepfakes? What are your rights, and in which circumstances could someone be sued, or prosecuted? Associate solicitor Oliver Lock of Farrer & Co explains what the law can, and can't do.
Creating fakes with AI, and the software to detect them, is a growing field. The same is true of forensic speech recognition, which is done both by ear and machine and can help the police or a court identify whether a recording is the voice of a suspect, for example. Dr Anil Alexander of Oxford Wave Research Ltd plays some samples to presenter Joshua Rozenberg. Can he guess them right? And what other uses are there for this technology in law enforcement?
Forensic scientists are often called upon to give evidence in court, as are doctors. These expert witnesses are crucial, but things can go wrong. Some find cross-examination so bruising that they don't want to repeat it. Others fear for their reputation, if they're pushed into saying something they hadn't meant to say. Baroness Professor Sue Black is a leading forensic anthropologist and shares her thoughts.
Sometimes barristers and judges are out of their depth on the science of a case. One solution to this problem has been put forward by the independent scientific academy the Royal Society, with the Royal Society of Edinburgh: subject-specific primers on relevant topics. As Dame Dr Julie Maxton, executive director of the Royal Society explains, leading scientists write and peer-review the primers, such as on ballistics or DNA, and senior judges cross-check them from the legal perspective. The primers are online, aimed at judges but available for everyone. The hope is that if barristers fail to ask the right questions on the science, judges who've read the primers can then do so instead.
Presenter: Joshua RozenbergProducer: Arlene GregoriusResearcher: Diane RichardsonEditor: Clare Fordham Sound engineers: James Beard and Rod Farquhar Production Coordinators: Maria Ogundele and Rosie Strawbridge
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Last week, the House of Commons Justice Select Committee published a wide-ranging report about sentencing and public opinion. On the one hand, it said we shouldn't ignore what people think. On the other hand, MPs found that many people didnât understand how sentencing worked. The justice committee's own research confirmed this lack of understanding. The committee's chair, the Conservative MP Sir Bob Neill, also points out the cost of longer sentences: ÂŁ47,000 per prisoner per year.
Despite that level of expenditure, all is not well in the prisons of England & Wales. Self-harm, suicide and assault rates are all up. Prison officers are "voting with their feet," says Professor Alison Liebling, director of the Prisons Research Centre of Cambridge University's Institute of Criminology. She has been doing research in prisons for nearly 35 years, and thinks that this is "the most unstable, and unsafe period [she's] known". But she also has some suggestions for how to improve matters, and to free up prison spaces.
There's been yet another mass shooting in the United States, again involving a military-style assault weapon. Rather than try for tighter gun control to stop these killings, some people are taking the gun manufacturers to court instead. Chicago-based lawyer Antonio Romanucci is acting for many of those affected by a shooting in Chicago on Independence Day last year. They're bringing a civil claim under consumer marketing laws. Could it be successful?
The Scottish government is planning to give the people of Scotland new, enforceable human rights. These would largely be economic, social and cultural rights, as opposed to the current civil and political ones like freedom of speech. The plan is to incorporate several international treaties into Scottish law. The UK is a signatory to these treaties already, but the rights they proclaim can't be enforced through the courts. A new Human Rights bill in Scotland would change that. But could it avoid being scuppered by the limits of devolution?
Presenter: Joshua RozenbergProducer: Arlene GregoriusResearcher: Diane RichardsonProduction Coordinator: Maria OgundeleSound engineers: Neil Churchill and Graham Puddifoot
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Following the events of the 7th October in which around 1400 people were killed in Israel and over 200 taken hostage, Israel has been striking back against Hamas in Gaza. What does international law say about self-defence and proportionate responses to attacks? Joshua Rozenberg asks expert Professor Guglielmo Verdirame KC of Kings College.
The government is proposing to rent prison space abroad, due to a risk of prison overcrowding here. There is precedent: Norway sent prisoners to a Dutch prison, for example. How did that work out in practice? What lessons were being learnt? Prisons expert Professor Alison Liebling of Cambridge University has studied and evaluated the Norwegian-Dutch case.
How safe are Joint Enterprise convictions for murder? As a result of legal action on behalf of JENGbA (Joint Enterprise Not Guilty by Association), the Crown Prosecution Service has started to gather, and publish, data about those charged with Joint Enterprise homicide or attempted homicide. The figures show that young black men are vastly overrepresented among those charged under the Joint Enterprise doctrine. The convictions are difficult to appeal, as the threshold is high. In 2016 the Supreme Court admitted the law had "taken a wrong turn" on Joint Enterprise for 30 years. What went wrong, and is it being put right? We hear from Professor Felicity Gerry KC, who led the defence in the 2016 Supreme Court case, and from someone who served a Joint Enterprise sentence for murder, even though he says he was not present at the killing and only found out about it afterwards.
Presenter: Joshua Rozenberg Producer: Arlene GregoriusResearcher: Diane RichardsonEditor: Clare FordhamSound engineers: Neil Churchill and Rod FarquharProduction coordinator: Maria Ogundele
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The new Secretary of State for Justice and Lord Chancellor Alex Chalk KC MP speaks to Joshua Rozenberg. How does he respond to criticisms levelled at the reforms of the Parole Board proposed in the Victims and Prisoners Bill? And how does he reconcile his wish to "provide individuals with the due process which is the hallmark of our legal system" with some aspects of the Home Office's Illegal Migration Bill, that aims to stop people crossing to the UK in small boats? Mr Chalk also speaks about new measures to protect investigative journalists from malicious libel actions, and confirms that the new Lord Chief Justice will be a woman, for the first time in a thousand years.
Most of the senior judges in England and Wales are male, white, middle-aged and former barristers. The new head of the Judicial Appointments Commission, Helen Pitcher, in her first broadcast interview, tells Joshua that diversity is very important and admits its an issue in the judiciary. So how will she increase it? We hear about projects and research to help remove barriers and ensure senior judges reflect the society they serve.
What is it like to do your job after a diagnosis of Parkinson's? The condition affects people differently, but many have a tremor, fatigue, reduced mobility in their arms, legs, or both, and some can have depression. Joshua meets a High Court judge, Sir Nicholas Mostyn, to find out how he has been able to carry on working despite the condition. What are employees' rights in this case? And what is it like for those in other lines of work? We also hear from a nurse with Parkinson's on how she does it.
Presenter: Joshua Rozenberg Producer: Arlene GregoriusResearcher: Bethan Ashmead Latham Production Coordinator: Maria Ogundele Editor: Clare Fordham
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Is the Parole Board getting it right with prisoner releases? Last year, the then Lord Chancellor and Secretary of State for Justice Dominic Raab thought not, and introduced reform proposals to, as he saw it, re-prioritise public protection and trust in justice. These proposals are in the Victims and Prisoners Bill that's now before parliament. But the Parole Board tell Joshua Rozenberg that public protection is their top priority anyway, and that only 0.5% of those they release go on to commit other serious offences.
What can the law do when a husband takes his wife on a trip abroad, such as to his or her country of origin, and abandons her there, without the means to return? Typically in such cases, the man confiscates his wife's passport, documents and mobile phone, and then returns to the UK without her. If there are any children, the husband takes those with him, leaving the wife and children separated from each other. Often, the wife's right to live in or return to the UK is tied to her marital status. We hear from someone who became a victim of "transnational marriage abandonment" as it's called, when she was taken back to India.
Artificial Intelligence or AI is changing how we live and work. Generative AI is able to produce written texts and many other types of content, including soon perhaps legal documents. Could such AI be used to deliver justice more quickly and cheaply than lawyers and judges? What safeguards should there be? And could it help clear huge backlogs in the courts? Joshua speaks with Professor Richard Susskind, one of the world's leading experts on AI and the law.
Presenter: Joshua RozenbergProducer: Arlene GregoriusResearcher: Bethan Ashmead Latham Production Coordinator: Maria OgundeleEditor: Clare Fordham
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The law is having to deal with new challenges due to climate change. Is it a human right to be protected from global warming? Do the 46 member states of the Council of Europe have to reduce carbon emissions faster to protect their citizens' right to life? The European Court of Human Rights in Strasbourg has been asked to rule on these questions. We hear about the case of the Swiss 'Klimaseniorinnen', elderly women arguing that climate change-induced heatwaves threaten their lives.
The little-known Energy Charter Treaty enables companies to sue governments for compensation for the loss of predicted profits, if signatory states reduce the value of contracts such as by banning new fossil fuel extraction projects. Could this deter countries from passing the carbon-reduction measures necessary to combat climate change? Or is the ECT a tool worth keeping, as it also protects renewable energy contracts that governments promised subsidies for?
What are the ethical choices for climate-conscious lawyers when it comes to either representing fossil fuel companies, or prosecuting climate change protesters? Could, or even should, lawyers refuse to act for certain clients, or to prosecute certain defendants? What's more important: fighting global warming or ensuring access to justice for all and upholding the rule of the law as it stands? We discuss the dilemmas, and some new guidance for lawyers.
Presenter: Joshua RozenbergProducer: Arlene GregoriusResearcher: Bethan Ashmead Latham Production Coordinator: Maria OgundeleSound Engineer: Neil Churchill Editor: Simon Watts
Photo of Swiss 'Klimaseniorinnen' activists at Strasbourg on 29.3.2023: © Greenpeace / Shervine Nafissi
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