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07 April 2023 / David Walbank KC
Issue: 8020 / Categories: Features , Procedure & practice , Criminal , Rule of law , Human rights
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Crime brief: 7 & 14 April 2023

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The Supreme Court has warned that those on the losing side of a political debate should not then resort to undermining legislation: David Walbank KC reports
  • Abortion services in Northern Ireland.
  • Legislative competence of Northern Ireland Assembly.
  • Respect for democratic process and rule of law.

We live in lawless times. However, today's ‘outlaws’ are not just the usual rogues’ gallery of murderers, rapists, thieves and fraudsters. It sometimes seems that the spirit of lawlessness has infected our ruling classes, with ministers and parliamentarians talking with abandon about flouting the law of the land or breaking international law. Indeed, the Supreme Court has recently bemoaned the fact that on occasion nowadays ‘those in public office are not prepared to comply with their legal obligations because they disagree with the relevant law’ ([2022] UKSC 32).

Legislative manoeuvres

The background to Reference by the Attorney General for Northern Ireland—Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2022] UKSC 32, [2022] All ER (D) 25 (Dec) was that, until recently, women in Northern Ireland were prohibited from

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NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
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
NLJ this week: Jury reform risks justice for efficiency’s sake
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’
NLJ this week: Crypto fightback offers ‘new frontier for law’
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
NLJ this week: Time to revive the duty to report crime?
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
NLJ this week: When are experts truly ‘necessary’?
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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