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03 March 2021 / David Locke
Issue: 7923 / Categories: Features , Constitutional law
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Trump’s impeachment: all for show?

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David Locke draws comparisons between the governments of the US and UK in their recent frivolous approaches to serious legal matters

The recent trial in the US Senate was a stage production more reminiscent of an English pantomime than a Broadway show. With all its synthetic rage and posturing, it had a little bit of ‘Punch and Judy’ about it. Yet these were quasi-criminal proceedings of the gravest constitutional significance, which could have resulted in a conviction with significant penalties, albeit not penal in nature.

The government in the UK has co-opted its own criminal code to indulge in a spot of grandstanding to grab some headlines, announcing a ten-year maximum sentence for travellers failing to declare having visited a ‘red-flag’ country. If the aim of securing compliance with COVID-19 quarantine laws is laudable, the execution is poor and condemnation has been stern. They might as well have announced a 100-year term for all the chance of any sentencing judge paying the slightest bit of attention.

The parallel between the jurisdictions is the alarming willingness of the governments to wield serious

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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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