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16 December 2022 / David Walbank KC
Issue: 8007 / Categories: Features , Procedure & practice , Criminal , Immigration & asylum
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Crime brief: 16 December 2022

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David Walbank KC examines what a ‘foreign criminal’ can be expected to do to escape homophobic violence following deportation
  • Persecution of the LGBQT community in foreign states.
  • Deportation of ‘foreign criminals’. 
  • Relevance of criminal convictions in the UK.

The World Cup in Qatar has put the whole issue of LGBQT rights under the spotlight and has forcefully reminded us that the liberal approach of the Western democracies is by no means mirrored across the globe, even in those states that wish to gain acceptance among the family of nations. The treatment of those who identify as gay, lesbian, bisexual, transgender or non-binary arises with increasing frequency in the criminal courts, not least when it comes to the rights of individuals whom the government wishes to deport to their countries of origin. It recently came before the Supreme Court in SC (Jamaica) v Secretary of State for the Home Department [2022] UKSC 15, [2022] All ER (D) 38 (Jun).

Fleeing Jamaica

SC was born in Jamaica in 1991. His mother worked as a go-go dancer in the

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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