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20 November 2015 / Michael Zander KC
Issue: 7677 / Categories: Opinion , Human rights
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Points of view

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Michael Zander QC considers an interesting contribution to the debate on scrapping the Human Rights Act

The Conservative Party Manifesto for the 2015 election included a commitment to “scrap the Human Rights Act and introduce a British Bill of Rights”. On 8 September, the Parliamentary Under-Secretary of State for Justice, Mr Dominic Raab, told the House of Commons that the government would bring forward proposals “in the autumn”. On 3 November, Mr Jonathan Fisher QC, who was the Conservative party’s nominee on the coalition government’s Bill of Rights Commission, spoke to Politiae about what those proposals should contain.

Be bold

The government, he said, should be bold. “The UK Bill of Rights must be compatible with the European Convention on Human Rights, but its terms should not be replicated”. The Bill of Rights should protect such basic British values as the right to trial by jury in serious criminal cases, the right to silence, the right to claim privilege against self-incrimination, the right to present a writ of habeas corpus, the right to equality, and freedom from discrimination. It should include a right to data

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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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