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15 December 2011 / Alex Odell , Victoria Oakes
Issue: 7494 / Categories: Features , Public , Constitutional law
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Handle with care

Justice v security: has the government got the balance right? Victoria Oakes & Alex Odell review the evidence

The government’s Justice and Security green paper, which Ken Clarke introduced to the House of Commons in October, was said to be the culmination of a year’s careful consideration of “how to respond to a difficult scenario in any liberal democracy”, namely, how the courts can be best equipped to pass judgments in cases involving sensitive material.

There is cross-party support for the principles behind the paper, for which the deadline for responses is 6 January 2012. In the past decade, there has been an increase in the number of cases in which the security and intelligence agencies are involved. Unfortunately, the courts have been ill equipped to deal with this change. In drafting the green paper the government hopes to restore the nation’s faith in the ability of the agencies to keep Britain safe, while maintaining sufficient regard for the rule of law. The judiciary must be enabled to reach just conclusions in the most sensitive of cases, without national security being endangered

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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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