Tag: news

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The Dangers of Eroding Jury Trials in Justice System

bruceandholly

It always disappoints me how easily intelligent people can be convinced to surrender ancient liberties to the State.

We saw it several years back in the ‘Simon Says’ world of the Covid lockdowns, when everyone had to jump to every Matt Hancock command.

“Put a mask on your face. Now clap your hands. And stand 6 ft apart. Do it when the Simon says and you will never be out.”

We’re seeing it again with David Lammy’s published proposals for the scrapping of jury trials save for the most serious charges of murder, manslaughter, rape and other public interest cases. But what is more worrying for me, from listening to phone-in programs, is the way people are beginning to buy into it. Not just retired police officers and prosecution barristers, who would be expected to support any proposal which would make their job easier because a prosecution would no longer have to explain it’s case and convince a panel of ordinary people. It also seems to rest on the premise that anyone who steals a mobile phone from a supermarket is already guilty and just playing the system by electing jury trial. The proposals also belittle the damage which any conviction involving dishonesty or violence can have on someone who’s trying to hold down a responsible job or career. It’s something which will stay with you for life.

When mention is made of the fact that more than 90% of criminal cases already start and end in the magistrate court, it must also be remembered that almost all of those cases involve guilty pleas, in which the magistrates’ only role is to assess the seriousness of the offence and an mitigating factors before determining sentence. Remember also that, unlike jurors, magistrates are not picked at random from amongst our communities but are people who put themselves forward for selection. They are not like you and I. It attracts a certain type of person.

One thing which I’ve always regretted is the whittling away of public involvement in our justice system, first in civil cases leading to the last defamation jury trials and now extending to judge only criminal trials. I don’t trust them. Nor should you.

Law, Uncategorized

2025/2026 Solicitors Practising Certificate Renewal

bruceandholly

I’ve just managed to renew my solicitor’s practising certificate for 2025/2926. For a non-techno like me, it was so much more difficult just to log on to the SRA website to make the application. In previous years I would just put in my log in details and password and then receive a one-time password, which I would then type in. Bingo! I’d only need another 10 minutes to complete the online application, make the payment, and my practising certificate would be on its way. Not this year.

Faced with the dreaded QR code, I spent many hours trying to suss out my cell phone to generate the six digits which would get me into the website. Up to then, my phone’s primary use had been – well – phoning! And perhaps the occasional text message. Whatsapp? Forget it! I watched the ‘ how to log on’ video on the SRA website. Then struggled again.

It’s pure luck that at the end of my road there is a small computer shop where I was able to get help to navigate through the technical barriers and complete my application. Well worth the £20 I paid the guy for his trouble. But it means that I won’t have to worry about that for another year.

Law, politics, society, Uncategorized

Concerns Over Jury Trials in Leveson’s Proposals

bruceandholly

I’m nervous about Leveson’s proposals to abolish jury trial in intermediate cases and replace them with trial by a judge and two magistrates. It is as though he’s suggesting that either way offences carrying a likely penalty of less than 3 years imprisonment are not serious. But a theft conviction can be very serious if you lose your career as a result. Fair enough if you are actually guilty of the offence charged. That’s where the jury comes in. People like you and me with the same collective sense of fairness and justice. Not quite the same when you are facing an impatient prosecution-minded magistrate or judge who just wants to get through their case list. And what is the point of even electing trial, if you are not going to get to argue your case before 12 people who are living similar lives as you are.

Another thing I have long noticed is the increasing remoteness for our justice system from common expectations of right and wrong. Where everything seems to be decided on on academic technicality. We’ve come a long way since the passing of ‘people’s judge’, Tom Denning. Then there is the secrecy over the judicial appointments process itself. Whether it’s the appointment of judges and magistrates or the members of a parole board, who ignore public outrage when releasing a dangerous murderer. Who appoints these people? I’m sure that I have never been consulted. All that is left between them and us is 12 members of a jury. Now they want to take that away, Why? Because of successive government incompetence when it comes to our criminal justice system. How does it save money by delaying a case for two or three years instead of bringing it on now? It just doesn’t make sense to me.

My own solution would be to move to an American system of elected judges and magistrates. Make them accountable.

Law

AI in Legal Research: Risks of Fake Case Citations

bruceandholly
Photo by Luca Nardone on Pexels.com

The Law Society Gazette recently reported on a case where a pupil barrister had mistakenly cited fake cases as part of her legal submissions in a case involving a local authority’s duties towards a homeless man. She had found the cases through her internet research and did not realise that the cases which she had cited did not actually exist. They had been entirely made up by an artificial intelligence program even though they appeared to her to be genuine. The result was a wasted costs order not only against her but also against the Law Centre which had instructed her. Add to that the reputational damage against both as well as the possibility of professional sanction. That’s not to say that artificial intelligence should never be used as a research tool. Only that it is a professional responsibility to carry out the follow-up due diligence to ensure that what is cited is absolutely correct.

It’s important to recognise what exactly AI is. As far as I can see, AI, in this situation, is nothing more than an advanced search engine which not only identifies data but then goes on to mash it up and serve up something else out of its components. It’s like me going down to my local breakers yard and collecting bits and pieces to build my own car. I’m sure that if I asked AI to write my next Eurovision hit in the style of Elton John, it would present to me a rehash of Lulu’s ‘Boom Bang Bang’. Which brings me onto another controversial issue. Because if I then go on to use that content as part of my Eurovision entry, I will then be breaching copyright. But that doesn’t mean that I don’t use AI in my work, including the writing of this article.

As I was aware that this was not the first instance of fake cases being cited by AI, I asked my Gemini search engine to find me some other instances where lawyers have been caught out using fake cases generated by AI. It came up with the following cases: New York Aviation Injury Claim (Mata v Avianca 2023); Morgan v Morgan (Wyoming); UK Tax Tribunal Case (Harber v Commissioner for HM Revenue and Customs) which involved a self-represented tax payer.

Have I checked any of those cases out before including reference to them in this article? No I haven’t. But neither am I intending to cite them in any court proceedings anytime soon. So I’m afraid that you will just have to trust me.

One of the reasons given by the pupil barrister for her use of AI generated cases was that she did not have direct access to Lexus Nexus or the White Book, which contains the civil practice rules. In those circumstances my own ‘go to’ would be the British and Irish Legal Information Institute, which provides a free on-line legal resource for current case law. It also makes it incumbent for anyone acting for an opponent to also check out case law provided to them by another party, just to make sure that it actually exists.

business, politics, protest, society, Uncategorized

Economic Impact of Opposing UK Fossil Fuel Extraction

bruceandholly
Photo by Jan-Rune Smenes Reite on Pexels.com

My heart always sinks when I see news footage of hobby eco-protesters standing outside a court building, waving placards, and celebrating the stalling of yet another commercial project. This time It was the Rosebank oil exploration project, off Shetland, in which Shell had invested £800 million and involved one of the largest undeveloped oil and gas fields in the UK continental shelf, containing an estimated 300 million barrels. And why do our most senior judiciary seem to think it is their mission to wave their green credentials to tease out the tiniest administrative flaw in the regulatory approval process, to send everything back to the drawing board? Who appoints these people? It follows hot on the heels of another court judgment crushing implementation of proposals to open Britain’s first new coal mine at Whitehaven, for more than 30 years. In each case, the judicial mantra was the same. “That the proposals failed to adequately assess the greenhouse gas emissions tied to burning fossil fuels.” And we know that with a government energy minister so opposed to fossil fuel extraction, that none of these projects are ever likely to happen. But haven’t these eminent legal brains slightly missed the point?

Yes – we know that burning fossil fuels causes climate change. Which is why we need to put in place viable alternatives .But neither the Rosebank nor the Whitehaven projects were about burning fossil fuels. They were about extracting fossil fuels so that we don’t have to import them from abroad. Either way. fossil fuels will still be burnt, because at the moment we have nothing else. And of course those projects would have also created thousands of well-paid jobs. So what is the point they are making? And it is entirely appropriate for me to refer to these eco-protesters as hobbyists, as none of them would have suffered direct personal detriment as a result of either of these projects. It is all about the big abstract ‘we’. And what message does it send to the outside world? A Britain which is so up itself that it is prepared to cut off its nose to spite its commercial face. Who would want to invest in us? The next big battle is going to be about the proposed third runway at Heathrow Airport. Even if it goes ahead, I’m not sure that I will still be around when it is completed. But that’s no reason not to support it.

I really blame the last conservative government for this farce. They had 14 years to drive these projects through. But instead they preferred to spend their time posturing about Brexit and their precious Rwanda scheme, as everything else around them fell apart. And they were a government which was in hock to the NIMBY lobby, which is why the cost of HS2 ballooned almost to the point of cancellation.

When it comes to the third Heathrow runway, I’m with Rachel Reeves. I know she’s had a bad press, but I’m convinced that she’s trying to do her best to grow the British economy. Again, so different from the last lot, the ‘party of business’. But even now, opposition to the third runway is cranking into gear, not least from London Mayor Sadiq Khan, who has promised court proceedings to try to stall the project.

Spending my money to fight a court case against his own parliamentary party? What is that all about? And he hasn’t even consulted me. A case of public money fighting public money. How wasteful. But that is Britain today.