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25 May 2012 / Roger Smith
Issue: 7515 / Categories: Opinion , Human rights
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Principle players

Roger Smith rounds up recent human rights developments

The UN inches towards a statement of the principles and guidelines on access to justice in criminal matters. Its Commission for Crime Prevention and Criminal Justice adopted draft provisions in Vienna at the end of April. The Commission’s recommendation should be enough to see the guidelines formally agreed by the UN itself.

Criminal legal aid

The principles, which might become helpful to defenders of criminal legal aid from domestic cuts, require prompt access to legal aid at all stages of the criminal justice process. Paragraph 21 states that this is to be done: “Regardless of means, if the interests of justice so require, for example, given the urgency or complexity of the case or the severity of the potential penalty.”

Such a provision inhibits attempts by government to cut the police station duty solicitor scheme or to impose charges, as originally suggested in the Bill that became the Legal Aid, Punishment and Sentencing of Offenders Act (LASPO).

Interestingly, the process was led by two countries both developing legal aid schemes from a low base, Georgia

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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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