The Law Show

Joint enterprise - what is it and why is it controversial? Nov 27, 2024

A parliamentary inquiry has just started work into the law around Joint enterprise.

Joint enterprise is contentious because if a person is seen to be involved in a crime, from knowing about it, to egging someone on, being present, or even being able to predict that someone is likely to use a weapon like a gun - then they could be considered as guilty as the person who pulled the trigger.

It has a long history, but in recent times, it has been used as a way of prosecuting murder, especially in cases involving groups of people, when it's not known who carried out a killing.

But is it being applied fairly?

The CPS says “We choose the right charges for the right people based on the evidence in front of us. We look objectively at the evidence before making our own decisions.

and they add that “The CPS carefully monitors joint enterprise prosecutions, with senior legal oversight over every case to ensure that our approach is fair and proportionate.”

But campaigners say joint enterprise disproportionately results in working-class and black youths being prosecuted and convicted.

Presenter: Dr Joelle Grogan Producers: Ravi Naik, Arlene Gregorius and Bob Howard Editor Tara McDermott

Contributors: Alexander Hughes, Head Judicial Assistant at The Supreme Court "Cleeshay" who was convicted of murder under joint enterprise Jan Cunliffe, co-founder of Joint Enterprise Not Guilty by Association (JENGbA) Tracey Moloney, solicitor, Moloney family Law Dr Sam Fowles, a barrister and author David Duncan, solicitor and Director of the legal firm Duncan & McConnell in Dundee

Miscarriages of justice and the CCRC Nov 20, 2024

The job of the Criminal Cases Review Commission - or CCRC - is to investigate cases where people may have been wrongfully convicted of a crime in the criminal courts of England, Wales, and Northern Ireland.

The CCRC has faced criticism over it's actions - or lack of action - in a high-profile miscarriage of justice.

In April this year, the CCRC offered an unreserved apology to Andrew Malkinson. He spent 17 years in prison following conviction for a rape in Salford that he didn’t commit. DNA testing which led to his conviction being quashed was not commissioned by the CCRC, and in July, an independent review found that he could have been freed five years after receiving a life sentence in 2003.

After the report was published, the Justice Secretary called for the resignation of the chair of the CCRC, Helen Pitcher. However, she said she was still the “best person” for the job and that she had no intention of standing down.

So how does the Criminal Cases Review Commission work? How does it make decisions about which cases should go back to the Court of Appeal, and which should be rejected?

Also this week: - Are the laws around accessing social care for disabled children too complicated? - And if you’re selling your home - are you legally bound to mention problem neighbours?

Presenter: Dr Joelle Grogan Producers: Ravi Naik and Nathan Gower Editor: Tara McDermott Production Coordinator: Maria Ogundele

Contributors Dr Hannah Quirk, a Reader in Criminal Law at King’s College London, who also used to work at the CCRC. Professor Alison Young, Commissioner for Public and Welsh Law, the Law Commission. Catriona Moore, policy manager at IPSEA, a charity which helps parents with SEND legislation - Special Educational needs and disabilities. Tracey Moloney, from Moloney Family Law, also known as the Legal Queen on social media

Inside the Family Courts Nov 13, 2024

Last year, more than a quarter of a million cases started in Family Court in England and Wales.

Yet, to most people, the way they work is a mystery.

Traditionally, they were always held in private, because they discuss sensitive information about peoples' personal lives, and to protect children from harm.

Since 2009 reporters have been allowed to attend hearings. But they weren't allowed to tell anyone what was said without the permission of the court, and judges could exclude them.

Now, a pilot has been operating in 19 areas across England and Wales to allow journalists and legal bloggers to report Family Court cases, subject to strict rules of anonymity. Last week, it was extended to cover both private and public family cases at magistrates courts in the pilot areas.

But will it improve confidence and help people understand how the family courts work?

This week, Dr Joelle Grogan is joined by BBC correspondent Sanchia Berg and Lucy Reed KC, chair of the charity, the Transparency Project, to explain how the family courts work, what people attending them can expect, and why the reporting pilot is vital.

Presenter: Dr Joelle Grogan Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production Coordinator: Maria Ogundele

Contributors: BBC Correspondent Sanchia Berg. Lucy Reed KC, family law barrister at St John's chambers, legal blogger, and chair of the Transparency Project. Samantha Woodham, family law barrister at 4PB chambers and co-founder of the Divorce Surgery

The Renters' Rights Bill Nov 06, 2024

In this new series of the Law Show, Dr Joelle Grogan and guests look at the legislation that affects your life.

One of the flagship pieces of legislation for the Labour Government is the Renters' Rights Bill - scrapping no-fault evictions, and imposing new obligations and penalties on rogue landlords. How will it benefit tenants and affect landlords?

Also on the programme: a raft of new laws are coming into effect this autumn, but who decides when a law becomes active or is enforceable?

And family law solicitor Tracey Moloney joins us to look at an aspect of divorce that fills many people with dread: the division of assets. Can your ex claim against property you brought into the marriage? Can they claim your pension? And how can the answers to those questions differ, dependent upon where you live in the UK?

Presenter: Dr Joelle Grogan Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production Coordinator: Maria Ogundele

Contributors Dr Sam Fowles, author and barrister at Cornerstone Barristers Tracey Moloney, from Moloney Family Law, also known as the Legal Queen on social media Dr Christy Burzio, barrister at Tanfield Chambers Sarah Taylor, partner at Excello Law in Bristol

Traumatised jurors, prenups and Japanese knotweed Jun 14, 2024

Weekly conversation led by Dr Joelle Grogan to give you an in-depth understanding of the law stories making news and the legal decisions that could have a bearing on everyone in the UK.

This week: Traumatised jurors: new research has found that as much as half of people who serve on the juries of gruesome criminal trials, such as child murders or rape, can suffer symptoms of vicarious psychological trauma as a result. A pilot scheme to offer free counselling to affected jurors has now been shelved in England and Wales due to the election. But in Scotland and Northern Ireland support is available. Joelle discusses all this and what else happens on jury service with criminal defence barrister and part-time judge Charlie Sherrard KC, and with author, commentator and barrister Dr Sam Fowles.

Prenuptial contracts: what is a "prenup," as they're often called? Should you get one even if you're not wealthy? Are they legally binding in the case of divorce, or not worth the paper they're written on? What do you need to do for the courts to uphold them in the various parts of the UK? Family law solicitor and social media's "legal queen" Tracey Moloney has the answers.

And: Japanese knotweed, a fast-growing invasive species so tough it can only be successfully removed by professionals. A Scottish couple has been granted permission by an Edinburgh sheriff to sue the previous owners of their home, who had not declared that there is Japanese knotweed on the property. This case centres around whether or not it counts as an "infestation". Other home seller packs ask about knotweed explicitly. Dr Sam Fowles explains the law, and who you can sue if you find yourself with unwanted knotweed after all.

Presenter: Dr Joelle Grogan Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production co-ordinator: Maria Ogundele

Sewage-polluted waters, Divorce and financial orders, Leasehold reform Jun 05, 2024

Weekly conversation led by Dr Joelle Grogan about the law stories making the news and the legal decisions that could have a bearing on everyone in the UK. Whether it’s explaining a new law or seeking clarity for you on a legal issue, The Law Show will be your guide.

This week:

Water: from the cryptosporidium outbreak in tap water in Devon, to E. coli bacteria in the Thames, and sewage in rivers, lakes and seas across the country - what does the law say about clean water? What obligations do water companies have, who enforces this, and who keeps an eye on the enforcers? Do we have a right to clean water to drink or swim in? Joelle explores all this and more with Angus Evers, Partner and Head of Environment Law at Shoosmiths, and with Dr Charlotte Proudman, a barrister and academic.

Divorce: in England and Wales, the only divorce available now is no-fault divorce, as a result of a law change that came into force last year. As family law solicitor Tracey Moloney points out though, you also need to get a financial order. If not, your ties haven't been fully severed, and your ex-spouse could make a financial claim in future. In Scotland, you need to prove irretrievable breakdown of the marriage to get a divorce, or that one of you is applying for a gender recognition certificate. In Northern Ireland, you need to cite reasons like adultery, unreasonable behaviour or desertion.

And: the Leasehold and Freehold Reform Act 2024 was the last bill that became law just before parliament was dissolved for the general election. Under the Act, which covers England and Wales, leaseholders will gain more rights. For example, it will become easier and cheaper for them to buy their freehold, or extend leases to 990 years. There is also a ban on the sale of all new leasehold houses. But, the Act didn't cap, let alone abolish, ground rent, and hasn't come into force yet...

Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production Co-ordinator: Maria Ogundele

Assisted dying, County court judgments, Drill music and ... nakedness May 29, 2024

Weekly conversation led by Dr Joelle Grogan about the law stories making the news and the legal decisions that could have a bearing on everyone in the UK. Whether it’s unpicking a landmark legal ruling, explaining how laws are made or seeking clarity for you on a legal issue, The Law Show will be your guide.

This week:

Assisted dying. Jersey, the Isle of Man, and Scotland are all taking steps towards making it legal to help someone die, in very specific and limited circumstances. It's currently a crime punishable by 14 years' imprisonment in England, Wales and Northern Ireland. Dr Joelle Grogan is joined by Professor Emily Jackson of the LSE, a specialist in medical law, and by barrister Dr Charlotte Proudman to navigate the law around assisted dying and to explain the differences between assisted suicide and euthanasia.

Is there a point to county court judgements if they can't be enforced? Social media's "legal queen", solicitor Tracey Maloney, answers a question from a listener, who got a county court judgment against a builder, but still hasn't got her money back.

Art or evidence? Drill music, with its sometimes violent-sounding words, has been used by the prosecution in criminal trials to help paint a picture of the defendants as gang members. But is it fair to claim lyrics like "try deadin' him" are proof of criminal intent, or are these words just fiction? Senior criminal barrister and co-founder of the "Art not Evidence" campaign Keir Monteith KC argues that drill is being used unfairly against Black boys and young men. The Crown Prosecution Service insists that they “would not use this evidence if it was not relevant.”

And a listener asks: is it legal to sunbathe naked in your garden?

Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production co-ordinator: Maria Ogundele

Protest, Lasting power of attorney and the Green belt May 22, 2024

Weekly conversation led by Dr Joelle Grogan that gives you an in-depth understanding of the law stories making the news and the legal decisions that could have a bearing on everyone in the UK. Whether it’s unpicking a landmark legal ruling, explaining how laws are made or seeking clarity for you on a legal issue, The Law Show will be your guide.

This week:

Protest law has been tightened up a lot in the last year, giving the police more leeway to stop disruption. But parts of the new powers have now been deemed unlawful by the High Court. So what is and isn't legal when it comes to protest? And how should the police handle protesters? Joelle explores all this with barrister Dr Sam Fowles and with Andy Walker from the College of Policing.

Is it legal to build on greenbelt land? Campaigners in Greater Manchester are taking legal action after Bury council announced plans to build 1500 homes on greenbelt.

And: why you may need a "Lasting Power of Attorney", even if you're married. If your spouse were to be incapacitated, being next of kin is not enough to make financial or health decisions about them. Social media's "legal queen", solicitor Tracey Maloney, talks us through how and when to get an LPA.

Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production coordinator: Maria Ogundele

Introducing The Law Show May 21, 2024

It’s a practical guide to navigating the law. Each week Joelle will be joined by a family of experts to offer in-depth understanding of the legal issues making the headlines, and explain how they affect us.

Whether it’s unpicking a landmark legal ruling, explaining how laws are made or seeking clarity for you on a legal issue, The Law Show will be your guide.

The Lady Chief Justice Mar 26, 2024

Dame Sue Carr, Baroness Carr of Walton-on-the-Hill, is the first Lady Chief Justice, the first woman to hold the role. She gives her first broadcast interview as head of the judiciary of England and Wales to Law in Action, for its farewell edition. She speaks about her priorities, hopes, and concerns, and marks the end of Law in Action by looking back at 40 years in the law. She also picks her favourite editions of the programme, and closes with a tribute to presenter Joshua Rozenberg.

Lord David Pannick KC is widely regarded as the most successful lawyer of his generation practising in his chosen area of the law, public law. Things might have turned out differently though: he had been approached to host Law in Action originally, and presented the pilot edition of the programme, produced by Joshua. He too looks back over the last 40 years and finds that much has changed in court.

We then look ahead to the future, and the next generation of those grappling with the law: we join 15-year old GCSE students at Trinity Academy in Brixton, south London, as they are taught The Big Legal Lesson - as part of a campaign by the charity Young Citizens. What do they make of the law?

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production Coordinator: Katie Morrison Editor: Clare Fordham

Criminal damage defence limited Mar 19, 2024

Following a Court of Appeal ruling this week about a case referred to the senior judges by the Attorney General, those charged with criminal damage for actions like throwing red paint at a building as a protest, can no longer use a certain defence to be acquitted. Parliament had intended the defence for different circumstances. Protesters used to be able to claim that had the owners of the damaged property known of the reasons for the damage, such as to highlight climate change, they'd have agreed to it. The Attorney General, Victoria Prentis KC MP speaks exclusively to Joshua Rozenberg about what this victory means.

Prisons are almost full, and to help make room, the Justice Secretary Alex Chalk KC MP has announced that prisoners meeting certain criteria can be released up to two months early. Prison campaigners must be pleased, or are they? Andrea Coomber KC (hon), chief executive of the Howard League for Penal Reform, has a more mixed reaction.

How are prisons in England and Wales dealing with inmates with severe mental health needs? Independent Monitoring Boards (IMB), which are often called the eyes and ears of the public in prison, believe that too often prisons rely upon tough segregation units to manage inmates with mental health needs. IMB volunteers share their observations, and Elisabeth Davies, IMB National Chair, calls for a faster transfer to secure hospital units instead.

Awaab Ishak was aged just two when he died as a direct result of exposure to mould in the home his family rented from Rochdale Boroughwide Housing. The coroner issued a Prevention of Future Deaths report as a result, but it was only following a campaign by Awaab's parents and others that the law was changed. Awaab's Law, as it's being called, will specify the timeframes within which social landlords have to respond to complaints of mould. We hear from barrister Christian Weaver of Garden Court North, who represented Awaab's family.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Clare Fordham Production coordinator: Katie Morrison

Fighting Knife Crime Mar 12, 2024

How do we prevent young people from becoming involved in knife crime? Joshua speaks to 'Jay' who began carrying a knife in his early teens before being helped to change his perspective, and his life.

We explore the link between school exclusions and crime, and hear that workshops using graphic evidence to deter young people from carrying a knife can be counterproductive.

We also find out about innovative policing methods to deter young people from carrying knives, or, if they've been caught already, try and get them back onto the right track without prosecuting them in court or sending them to prison. Can treatments like cognitive behavioural therapy and mentoring, as well as help with education or employment, help young people turn their lives round?

Contributors: 'Jay' who carried knives as a young person Robin Lockhart, Director of Development, Catalyst in Communities Dr Charlotte Coleman, Deputy Head of Psychology, Sheffield Hallam University Aika Stephenson, Co-Founder and Legal Director, Just for Kids Law Dr Peter Neyroud, Associate Professor, Cambridge University Institute of Criminology Bruce Houlder KC, founder, Fighting Knife Crime London

Producer: Arlene Gregorius Researchers: Marianna Brain and Diane Richardson Editor: Tara McDermott Production Coordinator: Katie Morrison

The Post Office scandal Mar 05, 2024

The Post Office scandal is one of the UK's most widespread miscarriages of justice, with hundreds of people wrongfully convicted of theft or false accounting. In most of these cases, the Post Office was the investigator, prosecutor and the alleged victim.

Did Post Office lawyers act unethically by failing to disclose evidence that might have helped the people they were prosecuting? Might they face criminal proceedings for attempting to pervert the course of justice?

The Post Office no longer brings private prosecutions in cases such as this. But should we still be allowing anyone apart from a public prosecutor to bring criminal proceedings in the name of the state?

Presenter: Joshua Rozenberg Producers: Arlene Gregorius and Diane Richardson Researcher: Marianna Brain Editor: Clare Fordham Production coordinator: Maria Ogundele Sound engineer: Neil Churchill

Jury conscience, resolving conflicts in space, and the law of Treasure Trove in Scotland Nov 14, 2023

Can juries acquit a defendant as a matter of conscience? For example, if people are accused of causing criminal damage as part of a protest, could the jury find them innocent despite the judge's directions? Joshua speaks to Clive Dolphin from Defend our Juries; Richard Vogler, Professor of Comparative Criminal Law & Criminal Justice, University of Sussex, and Tana Adkin KC, Chair of the Criminal Bar Association.

There are currently around 5000 active satellites in space and that's expected to rise to 100,000 by 2030. Satellites generate debris, too, and even a tiny fleck of paint can cause serious damage when colliding with something else, due to the speeds involved. But who is liable if one satellite damages another? Joshua asks Rachael O'Grady, Partner at Mayer Brown if international space law is keeping up with technology.

If you find treasure in Scotland, can you keep it and will the finder receive a reward for declaring it? We hear from Glasgow University student Lucy Ankers who discovered a hoard of coins thought to be linked to the 1692 Glencoe massacre and Bobby Sandeman, Chief Executive of King's and Lord Treasurer's Remembrancer.

Presenter: Joshua Rozenberg Producers: Diane Richardson and Arlene Gregorius Sound: Graham Puddifoot and James Beard Editor: Carl Johnston

Deepfakes and the Law Nov 07, 2023

What if someone uses AI to create a fake version of your voice for their own aims? Recently, the actor, broadcaster and writer Stephen Fry found that someone had recreated his voice to narrate a documentary without his knowledge. What does the law have to say about deepfakes? What are your rights, and in which circumstances could someone be sued, or prosecuted? Associate solicitor Oliver Lock of Farrer & Co explains what the law can, and can't do.

Creating fakes with AI, and the software to detect them, is a growing field. The same is true of forensic speech recognition, which is done both by ear and machine and can help the police or a court identify whether a recording is the voice of a suspect, for example. Dr Anil Alexander of Oxford Wave Research Ltd plays some samples to presenter Joshua Rozenberg. Can he guess them right? And what other uses are there for this technology in law enforcement?

Forensic scientists are often called upon to give evidence in court, as are doctors. These expert witnesses are crucial, but things can go wrong. Some find cross-examination so bruising that they don't want to repeat it. Others fear for their reputation, if they're pushed into saying something they hadn't meant to say. Baroness Professor Sue Black is a leading forensic anthropologist and shares her thoughts.

Sometimes barristers and judges are out of their depth on the science of a case. One solution to this problem has been put forward by the independent scientific academy the Royal Society, with the Royal Society of Edinburgh: subject-specific primers on relevant topics. As Dame Dr Julie Maxton, executive director of the Royal Society explains, leading scientists write and peer-review the primers, such as on ballistics or DNA, and senior judges cross-check them from the legal perspective. The primers are online, aimed at judges but available for everyone. The hope is that if barristers fail to ask the right questions on the science, judges who've read the primers can then do so instead.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Clare Fordham Sound engineers: James Beard and Rod Farquhar Production Coordinators: Maria Ogundele and Rosie Strawbridge

Prison sentences: too long or too short? Oct 31, 2023

Last week, the House of Commons Justice Select Committee published a wide-ranging report about sentencing and public opinion. On the one hand, it said we shouldn't ignore what people think. On the other hand, MPs found that many people didn’t understand how sentencing worked. The justice committee's own research confirmed this lack of understanding. The committee's chair, the Conservative MP Sir Bob Neill, also points out the cost of longer sentences: £47,000 per prisoner per year.

Despite that level of expenditure, all is not well in the prisons of England & Wales. Self-harm, suicide and assault rates are all up. Prison officers are "voting with their feet," says Professor Alison Liebling, director of the Prisons Research Centre of Cambridge University's Institute of Criminology. She has been doing research in prisons for nearly 35 years, and thinks that this is "the most unstable, and unsafe period [she's] known". But she also has some suggestions for how to improve matters, and to free up prison spaces.

There's been yet another mass shooting in the United States, again involving a military-style assault weapon. Rather than try for tighter gun control to stop these killings, some people are taking the gun manufacturers to court instead. Chicago-based lawyer Antonio Romanucci is acting for many of those affected by a shooting in Chicago on Independence Day last year. They're bringing a civil claim under consumer marketing laws. Could it be successful?

The Scottish government is planning to give the people of Scotland new, enforceable human rights. These would largely be economic, social and cultural rights, as opposed to the current civil and political ones like freedom of speech. The plan is to incorporate several international treaties into Scottish law. The UK is a signatory to these treaties already, but the rights they proclaim can't be enforced through the courts. A new Human Rights bill in Scotland would change that. But could it avoid being scuppered by the limits of devolution?

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production Coordinator: Maria Ogundele Sound engineers: Neil Churchill and Graham Puddifoot

Exporting prisoners, is Joint Enterprise racist, and Gaza-Israel Oct 24, 2023

Following the events of the 7th October in which around 1400 people were killed in Israel and over 200 taken hostage, Israel has been striking back against Hamas in Gaza. What does international law say about self-defence and proportionate responses to attacks? Joshua Rozenberg asks expert Professor Guglielmo Verdirame KC of Kings College.

The government is proposing to rent prison space abroad, due to a risk of prison overcrowding here. There is precedent: Norway sent prisoners to a Dutch prison, for example. How did that work out in practice? What lessons were being learnt? Prisons expert Professor Alison Liebling of Cambridge University has studied and evaluated the Norwegian-Dutch case.

How safe are Joint Enterprise convictions for murder? As a result of legal action on behalf of JENGbA (Joint Enterprise Not Guilty by Association), the Crown Prosecution Service has started to gather, and publish, data about those charged with Joint Enterprise homicide or attempted homicide. The figures show that young black men are vastly overrepresented among those charged under the Joint Enterprise doctrine. The convictions are difficult to appeal, as the threshold is high. In 2016 the Supreme Court admitted the law had "taken a wrong turn" on Joint Enterprise for 30 years. What went wrong, and is it being put right? We hear from Professor Felicity Gerry KC, who led the defence in the 2016 Supreme Court case, and from someone who served a Joint Enterprise sentence for murder, even though he says he was not present at the killing and only found out about it afterwards.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Clare Fordham Sound engineers: Neil Churchill and Rod Farquhar Production coordinator: Maria Ogundele

The new Secretary of State for Justice and Lord Chancellor, Alex Chalk KC MP Jun 13, 2023

The new Secretary of State for Justice and Lord Chancellor Alex Chalk KC MP speaks to Joshua Rozenberg. How does he respond to criticisms levelled at the reforms of the Parole Board proposed in the Victims and Prisoners Bill? And how does he reconcile his wish to "provide individuals with the due process which is the hallmark of our legal system" with some aspects of the Home Office's Illegal Migration Bill, that aims to stop people crossing to the UK in small boats? Mr Chalk also speaks about new measures to protect investigative journalists from malicious libel actions, and confirms that the new Lord Chief Justice will be a woman, for the first time in a thousand years.

Most of the senior judges in England and Wales are male, white, middle-aged and former barristers. The new head of the Judicial Appointments Commission, Helen Pitcher, in her first broadcast interview, tells Joshua that diversity is very important and admits its an issue in the judiciary. So how will she increase it? We hear about projects and research to help remove barriers and ensure senior judges reflect the society they serve.

What is it like to do your job after a diagnosis of Parkinson's? The condition affects people differently, but many have a tremor, fatigue, reduced mobility in their arms, legs, or both, and some can have depression. Joshua meets a High Court judge, Sir Nicholas Mostyn, to find out how he has been able to carry on working despite the condition. What are employees' rights in this case? And what is it like for those in other lines of work? We also hear from a nurse with Parkinson's on how she does it.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Bethan Ashmead Latham Production Coordinator: Maria Ogundele Editor: Clare Fordham

How well is the Parole Board protecting the public? Jun 06, 2023

Is the Parole Board getting it right with prisoner releases? Last year, the then Lord Chancellor and Secretary of State for Justice Dominic Raab thought not, and introduced reform proposals to, as he saw it, re-prioritise public protection and trust in justice. These proposals are in the Victims and Prisoners Bill that's now before parliament. But the Parole Board tell Joshua Rozenberg that public protection is their top priority anyway, and that only 0.5% of those they release go on to commit other serious offences.

What can the law do when a husband takes his wife on a trip abroad, such as to his or her country of origin, and abandons her there, without the means to return? Typically in such cases, the man confiscates his wife's passport, documents and mobile phone, and then returns to the UK without her. If there are any children, the husband takes those with him, leaving the wife and children separated from each other. Often, the wife's right to live in or return to the UK is tied to her marital status. We hear from someone who became a victim of "transnational marriage abandonment" as it's called, when she was taken back to India.

Artificial Intelligence or AI is changing how we live and work. Generative AI is able to produce written texts and many other types of content, including soon perhaps legal documents. Could such AI be used to deliver justice more quickly and cheaply than lawyers and judges? What safeguards should there be? And could it help clear huge backlogs in the courts? Joshua speaks with Professor Richard Susskind, one of the world's leading experts on AI and the law.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Bethan Ashmead Latham Production Coordinator: Maria Ogundele Editor: Clare Fordham

Climate Change Challenging the Law May 30, 2023

The law is having to deal with new challenges due to climate change. Is it a human right to be protected from global warming? Do the 46 member states of the Council of Europe have to reduce carbon emissions faster to protect their citizens' right to life? The European Court of Human Rights in Strasbourg has been asked to rule on these questions. We hear about the case of the Swiss 'Klimaseniorinnen', elderly women arguing that climate change-induced heatwaves threaten their lives.

The little-known Energy Charter Treaty enables companies to sue governments for compensation for the loss of predicted profits, if signatory states reduce the value of contracts such as by banning new fossil fuel extraction projects. Could this deter countries from passing the carbon-reduction measures necessary to combat climate change? Or is the ECT a tool worth keeping, as it also protects renewable energy contracts that governments promised subsidies for?

What are the ethical choices for climate-conscious lawyers when it comes to either representing fossil fuel companies, or prosecuting climate change protesters? Could, or even should, lawyers refuse to act for certain clients, or to prosecute certain defendants? What's more important: fighting global warming or ensuring access to justice for all and upholding the rule of the law as it stands? We discuss the dilemmas, and some new guidance for lawyers.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Bethan Ashmead Latham Production Coordinator: Maria Ogundele Sound Engineer: Neil Churchill Editor: Simon Watts

Photo of Swiss 'Klimaseniorinnen' activists at Strasbourg on 29.3.2023: © Greenpeace / Shervine Nafissi

How to Improve Rape Trials May 23, 2023

Conviction rates for rape trials are lower than those for other criminal trials, and the court experience can be intrusive and harrowing for survivors. The Law Commission of England and Wales (the independent body that advises the government on law reform), has just published a new consultation paper for how to change this. Criminal law commissioner Prof Penney Lewis, and before her Independent Sexual Violence Adviser Annabelle Edwards of Rape Crisis, speak about the reforms they'd like to see.

The Scottish government's Victims, Witnesses and Justice Reform (Scotland) bill also aims to improve rape trials. If passed, it would abolish the "not proven" option for acquittal, create specialist rape courts, and controversially establish the option of judge-only, non-jury trials as a pilot scheme, as it's feared rape myths might influence some jurors. Fiona Leverick, professor of Criminal Law and Criminal Justice at the University of Glasgow and Tony Lenehan KC, president of the Faculty of Advocates' Criminal Bar Association discuss the bill.

The Hollywood stars and former married couple Johnny Depp and Amber Heard faced each other during two separate libel trials that asked whether or not Mr Depp physically abused Ms Heard. Depp lost the first case, against the owners of the Sun newspaper. It was heard by a judge in the High Court in London. Depp won the second case, against his ex-wife, decided by a jury in the United States. Nick Wallis is the only journalist to have covered both trials. He contrasts them in his new book "Depp v Heard, the Unheard Story".

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Bethan Ashmead Latham Sound engineer: Neil Churchill Editor: Clare Fordham Production Coordinator: Maria Ogundele

The Legacy of the Good Friday Agreement Mar 28, 2023

For a special edition recorded on location in Belfast, Joshua Rozenberg returns to Northern Ireland 25 years after the signing of the Good Friday Agreement, which he reported on at the time. Meeting old contacts and new, he finds out what it took to get the negotiations over the line and what legacy the ground-breaking peace deal has had. He also hears about the challenges involved in achieving justice for the murders that remain unsolved; what problems remain with paramilitaries; and the UK government's attempt to bring about reconciliation. Will its Northern Ireland Troubles (Legacy and Reconciliation) Bill help, or rub salt in old wounds? And on the legal differences between Northern Ireland and Great Britain, Joshua meets a campaigner who had to travel to England to have an abortion. As a result of an intervention by the Westminster government, terminations have since become legal (up to a point in the pregnancy), but some women still have to leave Northern Ireland to have the procedure.

Guests: Denis Murray, former BBC Ireland correspondent Peter Sheridan, former senior police officer, now CEO of Cooperation Ireland Louise Mallinder, professor of law at Queen's University Belfast Naomi Connor, co-convener of Alliance for Choice

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production Coordinator: Maria Ogundele Studio Engineer: Graham Puddifoot Editor: Simon Watts

The State of Prosecutions Mar 21, 2023

New evidence shows that if a rape case actually comes to court, then - despite popular perceptions - juries are more likely to convict than not, says Professor Cheryl Thomas of UCL.

The UK’s forensic science used to be considered the gold standard, but no longer. The risk of miscarriages of justice is growing. And now a new Westminster Commission is trying to find out what went wrong. Joshua talks to its co-chair, leading forensic scientist Dr Angela Gallop CBE, and to criminal defence barrister Katy Thorne KC.

The Director of Public Prosecutions Max Hill KC speaks to Joshua about all this, and about his record as the head of the Crown Prosecution Service. Max Hill also breaks the news that he will not seek a second term.

From Epstein to Trump: are America’s rich and powerful above the law? The former New York prosecutor and now CNN's senior legal analyst Elie Honig argues that they are, and has just written a book about this: 'Untouchable — How powerful people get away with it'.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Simon Watts Sound engineer: James Beard Picture credit: Nicholas Posner

Strikes Minimum Service Levels Mar 14, 2023

There are strikes again this week, by junior doctors, and train and tube drivers. The government's Strikes (Minimum Service Levels) bill aims to require sectors like health, education and transport to provide a "minimum" of services even on strike days. It would let employers, including government departments, issue "work notices" - lists of which staff have to work on strike days. But how will they decide who should be on the "work notice"?

When someone is seriously ill, they or their family are often faced with other problems, such as a sudden drop in income, or unsuitable housing. Many don't know what help they're entitled to, or how to get it. Joshua Rozenberg visits a "Health Justice Partnership", where doctors and legal advisers are located in the same building, and patients are referred to the advice team. He finds it's making a big difference to families.

When a piece of Artificial Intelligence software learns about images by being fed pre-existing, copyrighted versions of images, and then goes on to produce a new image of its own, is that a breach of copyright? That's what the High Court in London will have to decide, in a case in which Getty Images - a digital picture library - is suing Stability AI, whose artificial intelligence image-generating software was trained with a very large number of images, including (but not only) Getty's. The court's decision will in effect become new law. What impact could it have on the digital, creative sector?

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Simon Watts

Justice for Ukraine Mar 07, 2023

A year after Russia's invasion of Ukraine, Joshua asks Attorney General Victoria Prentis MP and Professor Philippe Sands KC how the law can help to deliver justice for Ukraine. Could Russia's leaders be tried for the crime of aggression?

What can be done about the form of potentially abusive litigation known as a SLAPP?

Plus, we meet the Ukrainian lawyers brining their skills to the UK.

Presenter: Joshua Rozenberg Producer: Diane Richardson Editor: Simon Watts Production Co-ordinators: Maria Ogundele and Sabine Schereck Sound Engineer: James Beard

Full-length interview with Robert Spano, recent president of the ECHR Nov 18, 2022

The international lawyer Robert Spano, originally from Iceland, has just completed his nine-year stint as a judge at the European Court of Human Rights in Strasbourg. For the last two and half of those nine years, he was the president of the court. In an exclusive interview with Joshua Rozenberg, he shares his thoughts on the relationship between the UK and the ECHR, on the Justice Secretary Dominic Raab’s planned Bill of Rights, and on the future of democracy in Europe. Photo credit: Picture Credit: Image of Robert Spano, former President of the ECHR by Candice Imbert, Council of Europe. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Sound engineers: James Beard in London and Matthieu Zisswiller in Strasbourg Researcher: Diane Richardson Production coordinator: Helena Warwick-Cross Editor: Simon Watts

The UK and the European Court of Human Rights Nov 15, 2022

Is the UK on a collision course with the European Court of Human Rights in Strasbourg? So far the UK's relationship with the ECHR has been a good one, and the UK has proportionately fewer cases before the court than the other 45 member states. But might Justice Secretary Dominic Raab's Bill of Rights bill change that? Former judge Robert Spano, the president of the ECHR until last month, speaks to Joshua Rozenberg.

Is it time to improve the legal protection of the UK's 3.6 million cohabiting couples? Many wrongly believe that after a period of time together or having children, they have similar rights to married couples or people in civil partnerships. But that is not the case, and the government recently rejected the House of Commons Women and Equalities Committee's recommended reforms. In Scotland, cohabiting couples gained some statutory rights for the first time in 2006, but a report by the Scottish Law Commission now says that they need to be updated and made fairer.

What is mine and what yours? Not always easy to answer. Say you're on a plane, and are using your tray table when the person in front of you reclines their seat - who owns the space above your knees? You or the other passenger? The authors of the book 'Mine!' tackle some ownership conundrums.

And to end the series we hear some powerful reflections from Robert Spano on the future of democracy.

Picture Credit: Image of Robert Spano, former President of the ECHR by Candice Imbert, Council of Europe.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production co-ordinators: Maria Ogundele and Helena Warwick-Cross Sound engineer: Graham Puddifoot Editor: Simon Watts

Protest and the Law Nov 08, 2022

Climate change activists have caused a lot of disruption over the past year, and recently also made headlines with stunts like throwing tomato soup at a Van Gogh painting in the National Gallery. The government's response has been to tighten up protest law; first in the Police, Crime, Sentencing and Courts Act 2022 and now in the Public Order bill currently going through Parliament. What is and isn't illegal now? What could become illegal soon? And how are the police interpreting new laws that rely on their discretion, such as whether a protest is too noisy?

Can rap lyrics amount to confessions to murder? Song lyrics are usually understood to be fiction - Tom Jones's 'Delilah' isn't an admission that the Welsh singer actually stabbed an unfaithful girlfriend, and Bob Marley never "shot the sheriff". But in California rap lyrics have been presented as evidence in criminal prosecutions in such a way that the state has now legislated to restrict the use of those lyrics in trials. And a murder conviction has been overturned, and a retrial ordered, for a rapper convicted on the grounds of his lyrics.

Where would you go for free legal advice? Probably not a university, but in Liverpool people can now get appointments with law students at Liverpool John Moores University, who will conduct an interview them and produce a letter of advice, all under the supervision of solicitors, and free of charge. There's something in it for the students too: they gain practical experience which counts towards their course, and later on towards their qualifying examination.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production coordinators: Maria Ogundele and Helena Warwick-Cross Sound engineer: James Beard Editor: Simon Watts

Scrapping European law Nov 01, 2022

The government is currently committed to a bonfire of laws which were inherited from the EU after Brexit - including things like the right to four weeks' paid annual leave. The Retained EU Law (Revocation and Reform) Bill 2022 requires government departments to check over 2400 laws; then decide which ones to keep, which ones to amend, and which ones to let disappear from the statute books. Those chosen to be kept or amended will have to get through parliament by the end of next year, if they are to remain in force. A useful cleansing of the statute books, or a loss of consumer, worker and environmental rights?

Why does Northern Ireland’s Justice Minister want to raise the age of criminal responsibility? It's currently set at the age of ten, the same as that of England and Wales, although not Scotland. This is very low by international standards.

Are young adult defendants being unfairly pressurised into pleading guilty? The campaigning organisation Fair Trials says that 18-24-year olds sometimes get as little as 30 minutes to make a potentially life-changing decision. There is an incentive of getting a third off a prison sentence for pleading guilty at the first opportunity - Fair Trails say young defendants can fail to realise the long-term consequences of making such a plea.

Can podcasts help bring about justice or do they run the risk of prejudicing trials? We hear about the Australian true crime podcast ‘The Teacher’s Pet’, which has now helped solve a murder from 1982. The victim’s husband was convicted and is about to be sentenced.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Sound engineer: Graham Puddifoot Production Co-ordinators: Maria Ogundele and Helena Warwick-Cross Editor: Simon Watts

Secrecy in the Court of Protection? Oct 25, 2022

How can a court decide that a young woman is to have medical treatment without her knowledge or that of her mother or guardian? The Court of Protection - which rules on cases involving 'protected' persons who lack the mental capacity to make decisions for themselves - sometimes holds 'closed hearings' that are secret to one or more of the parties, and to the public. Why are those hearings used, and can it ever be justified for the secrecy to lead to public misinformation?

The law now treats animals very differently than in the past. A new book describes how in medieval Europe, they could even be prosecuted - in one case, a pig was actually sentenced to death for the murder of a child.

But nowadays cases involving animals focus on their welfare. A campaigning organisation has been granted a court hearing to examine if the breeding of Britain’s fast-growing broiler chickens is detrimental to their health and welfare, and therefore in breach of the law.

Nearly 3000 prisoners are continuing to serve more than their original sentence - sometimes over a decade more - because they are subject to “Imprisonment for Public Protection”. Some have never been released, others have been recalled to prison, even though IPP sentences were abolished in 2012. The Justice Select Committee has now called on the Government to review these sentences, with the aim of release for most. Members of the House of Lords agree, saying this form of detention is unjust.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production coordinators: Maria Ogundele and Helena Warwick-Cross Editor: Simon Watts

Prison Education Jul 05, 2022

Prison education is “chaotic”, says the House of Commons Education Select Committee, and often “inadequate” says Ofsted. Yet, if done right, it can help reduce offending, and the number of victims, by giving prisoners the skills they need to get a job upon release. It’s no small task. Over half of prisoners have reading ages below 11. A large proportion have special educational needs. Many were expelled from school and have no qualifications. Yet education doesn’t seem to have been a priority. Now the government has promised a "step-change" for an improved Prisoners Education Service for England and Wales in its White Paper. Can it deliver? In a special edition of Law in Action Joshua Rozenberg speaks to people whose expertise and experience spans the spectrum of prison education:

• Chief Inspector of Prisons Charlie Taylor • Chair of the Education Select Committee Robert Halfon MP • Governor Steven Johnson, Head of Reducing Reoffending at HMP Leeds, who speaks on education for the Prison Governors Association • Open University criminology lecturer, manager for students in secure environments, PhD candidate and former prisoner Stephen Akpabio-Klementowski • David Breakspear, former prisoner and prison education campaigner • Joe Tarbert, Employment Support and Partnerships Manager at Redemption Roasters • Neah, former prisoner and trainee barista at Redemption Roasters

Joshua puts some of their concerns to the Prisons Minister Victoria Atkins MP, and hears about the government's plans to improve prison education.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Editor: Hugh Levinson Production coordinator: Maria Ogundele and Helena Warwick-Cross Sound engineer: Rod Farquhar

Human Rights: Reforming the Law Jun 28, 2022

Can the proposed British Bill of Rights be compatible with international law? Joshua Rozenberg speaks to Mark Elliott, Professor of Public Law and Chair of the Faculty of Law at the University of Cambridge.

How can law firms become more welcoming to people with disabilities? Law in Action's Octavia Woodward tests the wheelchair access at Barristers' Chambers 7 Bedford Row. Plus barristers Holly Girven and Disability's Not a Bar co-host Haleemah Sadia Farooq share their experiences of disability and the law.

Do we need a change in the law to bring more cases of corporate fraud to court? The Director of Public Prosecutions sets out his plans.

Also what makes a good judge? "If the party that loses pays you a compliment, then I feel that's a job well done." Lady Rose of Colmworth, justice of the UK Supreme Court talks about balancing fairness and empathy.

Presenter: Joshua Rozenberg Reporter: Octavia Woodward Sound: Neil Churchill Production Coordinators: Maria Ogundele and Helena Warwick-Cross Producer: Diane Richardson Editor: Hugh Levinson

Why do so few rape cases go to court? Jun 21, 2022

Explaining the barriers to conviction at every stage of the criminal justice system. Prosecutions for the crime have declined by 40% over the last four years in England and Wales, although they have gone up in Scotland and Northern Ireland. And yet the number of cases reported to the police is higher than ever. What is going wrong? And what needs to change so that more survivors get justice - and to reduce the threat from rapists? Joshua Rozenberg is joined by a specialist panel drawn from across the criminal justice system, to find out where the problems lie. They debate what could be done differently, so that fewer cases result in no further action being taken, or with survivors dropping out of the legal process. And he hears first-person testimony from a woman who was raped, who describes her subsequent experience with police and prosecutors.

Panellists: - Alice Kelly, Deputy Chief Crown Prosecutor for the Southeast, Crown Prosecution Service - Betsy Stanko OBE, emeritus Professor of Criminology, strategic advisor to the Home Office's Operation Soteria Bluestone, and formerly of the Mayor's Office for Policing and Crime - Claire Waxman OBE, Victims Commissioner for London - Kirsty Brimelow QC, Vice Chair of The Criminal Bar Association - Sarah Crew, Chief Constable of Avon and Somerset police and National Lead for rape and serious sexual offences at the Police Chiefs Council - Wendy Williams CBE, Her Majesty’s Inspector of the Constabulary for the Wales and Western Region

Presenter: Joshua Rozenberg Producers: Arlene Gregorius and Ben Cooper Researcher: Diane Richardson Production coordinator: Maria Ogundele Sound recording: James Beard Sound mixing: Neil Churchill

Investigating War Crimes in Ukraine Jun 14, 2022

"We can't conduct effective, timely investigations by remote control in The Hague." International Criminal Court prosecutor Karim A. A. Khan QC speaks about the efforts and challenges facing investigators on the ground in Ukraine.

Why lawyers in Scotland are boycotting some domestic abuse cases in a dispute about legal aid.

Plus, if you place a bet on a winning horse, does the bookmaker have to pay out if they make a mistake?

Presenter: Joshua Rozenberg Producers: Diane Richardson and Arlene Gregorius Production Coordinators: Maria Ogundele and Helena Warwick-Cross Editor: Hugh Levinson

The Justice Secretary's Plans Mar 22, 2022

Justice Secretary Dominic Raab speaks to Joshua Rozenberg about the UK's support for the International Criminal Court's efforts to prosecute any Russians who may have committed war crimes in Ukraine. He outlines plans to boost the legal aid budget, and thus the incomes of criminal barristers - but when will they actually get any of the money? Mr Raab also explains why he is replacing the Human Rights Act with a new Bill of Rights.

The vast majority of senior judges are former barristers, and most are white men. Is the recruitment system skewed against solicitors and minorities? Solicitors insist it is, but the Judicial Appointments Commission strongly denies this. Joshua hears the arguments on both sides.

“No fault divorce” is set to come into effect in April. Will it free couples from unnecessary acrimony and costs, or make it too easy to split up?

Producer: Arlene Gregorius Researchers: Octavia Woodward and Imogen Serwotka Production Coordinators: Maria Ogundele and Jacqui Johnson Sound: Rod Farquhar Editor: Hugh Levinson

Libel tourism Mar 15, 2022

Has silencing journalists with libel claims now become harder? The High Court dismissed a suit by a Kazakhstan company against journalist Tom Burgis, author of 'Kleptopia'. The phenomenon of foreign individuals or companies using the favourable libel laws and high financial risks of the system in England and Wales is sometimes called "libel tourism" or even "lawfare". Some fear it has allowed Russian oligarchs in particular to stifle criticism. Joshua Rozenberg asks if this case could signal the end of that trend. Class actions, or collective actions as they're called in the UK, are new on this side of the Atlantic. How do they work, and could millions of passengers stand to benefit from a case against some rail companies? A little-noticed part of the Police, Crime, Sentencing and Courts Bill would criminalise trespass and "residing, or intending to reside, on land without consent in or with a vehicle". Gypsy, Roma and Travellers say that threatens their lifestyle and makes nomadism illegal. But the Government argues it would prevent "boundless misery to local communities without consequence". Joshua hears the arguments on both sides.

Producer: Arlene Gregorius Researchers: Octavia Woodward and Imogen Serwotka Sound: Rod Farquhar Production Coordinators: Maria Ogundele and Jacqui Johnson Editor: Hugh Levinson

Gender recognition Mar 08, 2022

Is Scotland's Gender Recognition bill a progressive step forward, or a threat to women? Joshua Rozenberg investigates the legislation, which removes the need for medical evidence when changing gender and reduces the age at which this can be done. Lawyers in the City of London bring in billions of pounds to the UK economy. English law is popular overseas for its predictability and for the independence of its judges. But is this reputation as a beacon for the rule of law being eroded by a lack of court funding and also by what some see as government undermining the judiciary? Fears raised by the Lord Chief Justice and echoed by the body representing City of London solicitors. And why is there still a pay gap between male and female barristers? Producer: Arlene Gregorius Research: Octavia Woodward and Imogen Serwotka Sound: Graham Puddifoot Production Coordinators: Maria Ogundele and Jacqui Johnson Editor: Hugh Levinson

Ukraine: war and law Mar 01, 2022

How does international criminal law regard Russia's invasion of Ukraine? Joshua Rozenberg speaks to Professor Philippe Sands QC, whose grandfather was forced to flee the Ukrainian city of Lviv over a century ago . Is our democracy being eroded by the government, by reducing parliament’s opportunities for scrutiny? Two reports from the House of Lords Select Committees, titled "Government by Diktat" and "Democracy Denied", say there is an urgent need to return power to parliament. They worry about power grabs and an increased use of secondary legislation - ie laws made by ministers, that can’t be amended by MPs or peers. One recent piece of secondary legislation made it legal in England for children in care aged 16 and above to be housed in unsupervised adult accommodation such as hostels. Joshua hears from a care-experienced writer what that was like, and the risks that vulnerable children might face in such housing. The law is now being challenged in the courts.

Producer: Arlene Gregorius Researchers: Octavia Woodward and Matt Toulson Sound: Rod Farquhar Production Coordinators: Maria Ogundele and Jacqui Johnson Editor: Hugh Levinson

Trial and error Nov 16, 2021

Joshua Rozenberg places under the microscope a controversial lawsuit aimed at the governing bodies of rugby. Players diagnosed with traumatic brain injuries, believed to be the result of repeated concussions, claim the sport neglected their duty of care. Did they?

He also hears polar opposite views on whether or not thousands more civilian magistrates should be recruited to our courts: Justice Haddon Cave, the senior presiding judge for England and Wales, is in favour of the drive, whilst the anonymous and controversial author known as ‘The Secret Barrister’ is against.

Finally, Joshua hears from the hugely successful barrister and judge, Barbara Mills QC, about a hard-hitting report which exposes a lack of diversity at the bar.

If you need support with dementia, help and support is available via BBC Action Line.

Jailhouse Law Nov 09, 2021

Joshua Rozenberg speaks to a former jailhouse lawyer about his time behind bars and the cases he tackled on behalf of his fellow inmates. He also hears from well-known broadcaster, Stephen Nolan, about the extraordinary steps he took in tracking down, and launching a libel action against, a social media troll. And Lord Pannick QC, one of the most successful barristers of his generation, discusses the lasting value of courtroom advocacy. Producer: Paul Connolly Researcher: Louise Byrne Sound: Andy Garratt Editor: Hugh Levinson

False Memory Nov 02, 2021

Joshua Rozenberg examines the phenomenon of false memories and the impact they can have on courtroom testimony. Can our recollections ever be trusted fully? And, if not, how profound are the implications for the criminal justice system?

He speaks to Sir Andrew McFarlane, the senior family judge in England and Wales, about his plans to open up the family courts to reporting by accredited journalists and specialist bloggers.

And Derek Sweeting QC, chair of the Bar Council of England and Wales, tells Joshua why he believes the largest funding increase in more than a decade for the justice system still doesn't go far enough.

Producer: Paul Connolly Researcher: Louise Byrne Sound: James Beard Production Coordinators: Maria Ogundele and Sabine Schereck

Judges in Jeopardy Oct 26, 2021

Joshua Rozenberg speaks to women judges whose lives have been at risk since the Taliban came to power in Afghanistan. Forced to leave their high-profile careers behind, many are faced with an impossible dilemma: do they choose a potential escape to freedom? Or do they stay with their families, in hiding and on the run?

Ahead of Cop26, Joshua wades into a burning debate on whether or not fossil fuel companies are entitled to compensation from governments which make the switch to cleaner, renewable energy ahead of schedule.

And he speaks to Christian Weaver, a young barrister whose new book aims to educate the public about their legal rights in 60 second bursts.

Producer: Paul Connolly Researcher: Louise Byrne Studio Manager: Rod Farquhar

Fighting knife crime Jul 08, 2021

Fighting knife crime before it happens; Scotland's "not proven" verdicts; and the law on automated cars.

Knife crime in England and Wales is at its highest in ten years. Some young people can find it hard to resist gangs or knives for what they see as self-protection. Often they end up in the criminal justice system. Some argue the law is not the answer. But what is the alternative? We hear from a youth worker at the successful youth centre Youth Futures, and from a retired senior criminal barrister, who has launched an online one-stop-shop, fightingknifecrime.london, for those seeking or offering help to keep young people out of trouble.

In Scotland, juries can find defendants guilty, not guilty or not proven. If guilt is "not proven", the defendant is acquitted and regarded as innocent in law. Should that third option be abolished? Juries often use "not proven" in rape cases, if they feel guilt has not been proven 'beyond reasonable doubt' (the requirement for a guilty verdict) but nor do they want to imply they disbelieved the alleged victim. Now some campaigners want to abolish the "not proven" option, as research has shown that if it didn't exist, more juries would find the accused guilty, even in rape cases.

The government has announced that cars will be allowed to steer themselves in slow-moving motorway traffic, so long as they had been approved for use with automated lane-keeping systems. But what does the law say about liability for automated vehicles? Who is responsible if there is an accident? Is it the driver or the car manufacturer? What changes are being introduced by this year's Automated and Electric Vehicles Act and the planned changes to the Highway Code?

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson

E-scooting through the law Jun 22, 2021

It’s illegal to ride a private e-scooter on public roads or pavements – but the rules for the new, council approved e-scooter rental schemes are different. We navigate the maze of laws and regulations to ask what’s allowed, required or illegal.

Billionaires are about to fly into space, but what is the legal framework for this? What if your rocket hits my satellite? We boldly go into space law.

Why coal tip laws brought in following the Aberfan disaster do not protect the public and need to be reformed.

And the changing face of the legal profession – criminal barrister Mark Robinson shows that lawyers come from a greater range of backgrounds now – he didn’t have any GCSEs, but a career as a DJ.

Presenter: Joshua Rozenberg Producers: Diane Richardson and Arlene Gregorius

Covid penalties Jun 15, 2021

Thousands of people have received fixed penalty notices for breaching Covid-19 restrictions, even though no offence had actually been committed in their cases. Yet there is no appeals procedure, and not paying the fines risks a criminal record. So what should happen with them?

Sir Geoffrey Vos, the master of the rolls and head of civil justice, reveals how new online systems are increasingly doing away with the need to go to court. The legal profession used to be dominated by middle-aged, middle-class, white men, but that has been changing, and this year I. Stephanie Boyce became the first person of colour to be elected president of the Law Society, the professional body for solicitors in England and Wales. What are her priorities for her tenure?

The recent quashing of the convictions for theft and false accounting of 39 sub-postmasters after Britain's biggest miscarriage of justice has laid open the world of private criminal prosecutions. It was not the Crown Prosecution Service that took the sub-postmasters to court, but the Post Office itself. Should private prosecutions now be regulated? Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson

Traumatic brain injury and crime Jun 08, 2021

Traumatic brain injury can cause neurological changes that make people more impulsive, less able to control their reactions, and less able to understand others. Therefore it's associated with violent crime. An estimated 60% of those in prison have a history of brain injury. But is prison the best place for them, and their rehabilitation? The criminal justice system is taking an ever greater interest in how to deal with traumatic brain injury. We hear about a Thames Valley Police pilot project to keep offenders out of prison, pre-sentence screening in the UK and elsewhere, and about an innovative court for those aged 18-25 in New Zealand.

Brain injury is as common among women prisoners, often due to a history of suffering domestic violence. For these women their injuries, compounded by other factors, lead to mental health issues so serious that it's estimated that three quarters of them have tried to take their own lives. What are prisons doing to help them? And what about women prisoners' additional burdens, such as anxiety about separation from their children, which affects them more than men? Can a new report by the Chief Inspector of Prisons point to ways forward for England and Wales?

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson

Reforming Judicial Review Apr 23, 2021

Judicial Review is a mechanism to check the legality of decisions or actions by public bodies such as the government or parliament. But has this turned into "politics by another means"? The government commissioned Lord Faulks and a panel of experts to examine this question, and to make recommendations for reform. The report was published last week. But does the government now want to go much further than the recommendations in the report?

Should there be legal aid for bereaved families whose relative died in the care of the state, such as in prison, a police cell or in a mental health in-patient setting? These deaths trigger "Article 2 inquests", referring to the right to life, protected under the European Convention on Human Rights. The coroner will want to find out what went wrong, so it doesn't happen again. The state has legal representation to defend itself, but the families often can't afford the specialist lawyers that, campaigners argue, are required for a level playing field.

Family breakdown can mean former partners end up in court to try and resolve disputes. This can be time-consuming, with long delays, and be very costly. Could family arbitration be the solution? We eavesdrop on a mock arbitration to find out how it works. And how much cheaper are they really?

Which UK elections can EU citizens vote in, and in what parts of the country? The answer is surprisingly complex for the votes in May - and will become more so in future elections.

Details of organisations offering information and support with bereavement are available at bbc.co.uk/actionline, or you can call for free, at any time to hear recorded information on 08000 158 707.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson

(Image: Lord Faulks. Credit: UK Parliament)

Can the law fight climate change? Mar 16, 2021

Around the world environmentalists are taking governments and companies to court to fight climate change. Joshua Rozenberg explores how the law is evolving into a powerful activists' tool.

In the first case of its kind, in a ruling that was upheld by the Dutch Supreme Court, the Netherlands were found to have a duty to reduce greenhouse gas emissions by 25% compared to 1990, and this by December of last year. What happened?

Apart from governments, companies are being sued by individuals or shareholders. For example, a Peruvian farmer has filed a case in a German court against a German electricity company for what he claims is its role in warming up the climate enough for him to be threatened by flooding as a nearby Andean glacier melts.

In Poland activist shareholders sued the board of their utility company to stop the development of a new coal mine, claiming an "indefensible" financial risk, due to rising carbon costs and falling renewables prices.

And senior lawyers are developing the concept of "ecocide", with the aim to make it an indictable offence at the International Criminal Court, analogous to genocide or crimes against humanity.

So how is the law evolving to tackle climate change, asks Joshua Rozenberg.

Producer: Arlene Gregorius Researcher: Diane Richardson

Exclusive interview with the lawyer of Anne Sacoolas Mar 09, 2021

Amy Jeffress, the US lawyer of Anne Sacoolas, speaks exclusively to Joshua Rozenberg, about the accident that led to the death of Northamptonshire teenager Harry Dunn, and its aftermath.

Scotland needs the agreement of the Westminster-based UK government to hold a referendum about independence legally. So far Downing Street has indicated that the UK would not agree to a second referendum in the short term. But could there be legal options around the need for Westminster's approval?

And jabs for jobs? Can vaccination be made compulsory in some circumstances? What are your rights if your employer requires you to be vaccinated to come to work? Or if your employee refuses to be vaccinated? And what about companies - from cinemas to airlines - can they legally require proof of vaccination from their customers?

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson

Civil Justice for Harry Dunn? Mar 02, 2021

A civil claim has been launched in the state of Virginia by the parents of Harry Dunn, who was killed in Northamptonshire in 2019 when his motorcycle was in collision with a car driven on the wrong side of the road by Anne Sacoolas. What are Harry's parents hoping to get out of it? Joshua Rozenberg speaks to their American lawyer. Picture Credit: Justice4Harry19

The number of cases waiting to be tried at Crown Courts in England and Wales is now over 56,000. We examine the backlog viewed from the perspective of a juror, a barrister and a judge.

We ask what effect the pandemic has had on prisoners, and on those serving indefinite sentences.

And the Justice Secretary and Lord Chancellor Robert Buckland QC reveals new proposals to allow deaf people to sit on juries, as part of a plan to allow remote juries in England and Wales, even after the pandemic.

Presenter: Joshua Rozenberg Researcher: Diane Richardson Producer: Arlene Gregorius

Jack Merritt's legacy Nov 17, 2020

Remembering Jack Merritt, who was murdered in the attack at London Bridge in November 2019. He and Saskia Jones, who was also killed, were associated with an offender rehabilitation programme at Cambridge University called Learning Together. The murderer was a former prisoner attending a conference at Fishmongers Hall to mark its fifth anniversary. Earlier in 2019, Law in Action had interviewed Jack Merritt and some of the prisoners he was supporting at Warren Hill Prison in Suffolk. A year on, we hear about his legacy. Presenter: Joshua Rozenberg Producer: Paul Connolly Researcher: Diane Richardson

Good advice Nov 10, 2020

How has the North Kensington Law Centre managed to keep going for 50 years when other social legal advice providers have run out of money? One reason must be the vision of Peter Kandler, 85, who set up the UK’s first law centre in a former butcher’s shop and is still closely involved in running it today. He tells Joshua Rozenberg that, half a century on, the centre is now coping with housing and immigration problems that he thought were a thing of the past.

Picture: Peter Kandler, founder of North Kensington Law Centre courtesy of Law Centres Network. The programme includes an Extract from 'North Kensington Law Centre', © Crown copyright/BFI - British Film Institute or BFI Player.

Fire Courts Nov 03, 2020

The lessons of history: what the Great Fire of London can teach us about dealing with a modern plague. And, as the lord chief justice tells his judges to keep calm and carry on — despite the lockdown to be introduced in England on Thursday — we ask whether the Nightingale courts of England and Wales could learn a thing or two from the Odeon courts of Scotland. Joshua Rozenberg reports.

Researcher: Diane Richardson Producer: Neil Koenig

The International Criminal Court Oct 27, 2020

An independent investigation into the International Criminal Court has revealed examples of bullying, sexual harassment and judicial incompetence. Victims of war crimes are having to wait a lifetime for reparations. But, as Joshua Rozenberg has been hearing, those same victims are hugely grateful to a court that has given them a voice.

And with a week to go before the presidential election, courts across the United States have already been dealing with voting-related challenges. Will the next US president be chosen by the judges?

The former president of the Supreme Court, Lord Neuberger, says the government's Internal Market Bill is a threat to the nation's reputation as a stalwart of the rule of law, especially when it is asking citizens to abide by restrictions during the pandemic. "It is a massive own goal for the government to be announcing to the people of this country that it does not keep its word, that it does not obey international law," he tells Joshua.

Extract from video of ICC court proceedings courtesy of the International Criminal Court.

Researcher: Diane Richardson Producer: Neil Koenig

Reinventing the law Jun 16, 2020

How can the courts cope with the constraints of Coronavirus? That’s the challenge facing Lord Burnett of Maldon, head of the judiciary in England and Wales. Joshua Rozenberg asks the Lord Chief Justice whether new ways of working can deliver justice at a time of crisis.

Among those innovations is mediation, Law in Action speaks to a court-based mediator and a court user whose case was resolved without leaving home.

And we find out how lockdown is changing the civil courts. Can remote hearings work effectively?

Researcher: Diane Richardson Producer: Neil Koenig

Gambling with the law Jun 09, 2020

A poker player who used a Victorian conjuring trick to win £7.7 million from a London casino left court empty-handed in 2017 after a court found he “took positive steps to fix the deck”. But now judges have decided that the ruling in Phil Ivey’s case should be the test for dishonesty. Joshua Rozenberg explains how it works, while a gambler tells us that the courts have got it wrong.

Also this week, how do you ensure social distancing in a crowded detention centre?

And how is lockdown affecting the work of the civil justice system?

Contributors: Dr Natalie Byrom, director of research at the Legal Education Foundation Toufique Hossain, director of public law at Duncan Lewis Solicitors Richard Munchkin, host, “Gambling with an Edge” podcast Professor David Ormerod, University College London

Researcher: Diane Richardson Producer: Neil Koenig

Justice in lockdown Jun 02, 2020

Can virtual courts deliver justice? We speak to participants of a mock jury trial held by law reform group Justice, with legal teams and jurors replacing the courtroom with the sitting room.

Scotland's second most senior judge, Lord Justice Clerk Lady Dorrian, outlines how socially distanced jury trials can resume safely in July.

And Joshua Rozenberg asks Director of Service Prosecutions Andrew Cayley QC if the Service Prosecuting Authority is prosecuting cases of rape and sexual assault effectively and whether charges are likely to be brought against British military personnel accused of offences against Iraqi civilians.

Researcher: Diane Richardson Producer: Neil Koenig

Workplace law May 27, 2020

Recent high-profile discrimination claims have cast a media spotlight on the employment tribunals of England, Wales and Scotland. But how good are they are at resolving disputes between employers and staff? How independent are they of the government? And how well have they recovered from fee increases that meant some employment judges had to move jobs?

Why an autistic man’s experiments with explosives were lawful. Joshua speaks to Jonathan Hall QC, Independent Reviewer of Terrorism Legislation about the case of Chez Copeland, who spent almost two years in a maximum security prison for setting off explosions in his garden.

Also US courtroom drama Judge Judy is to end after 25 years. Joshua asks Adam Benforado, associate professor of law, about the show’s legacy and popularity.

Producer: Neil Koenig Researcher: Diane Richardson

Deferred Prosecution Agreements: pragmatic but unprincipled? May 27, 2020

Earlier this year, Airbus was ordered to pay nearly €1bn by a criminal court in London. The penalty, for failure to prevent bribery, was more than twice the fines paid by defendants in England and Wales for the whole of 2018. In addition, the global aerospace company was required to pay fines totalling €2.6bn in France and the United States. But Airbus has not been convicted of any crimes and nobody has gone to prison. Joshua Rozenberg Investigates deferred prosecution agreements.

Contributors: Tim Bowden, partner, Dechert Alex Brummer, City editor of the Daily Mail Toby Duthie, co-founder, Forensic Risk Alliance Duncan Hames, director of policy, Transparency International Laura Haywood, case controller, Serious Fraud Office Eric Russo, prosecutor, Parquet National Financier Janette Rutterford, emeritus professor of finance and financial history, Open University Business School

Researcher: Diane Richardson Producer: Neil Koenig

An Enterprising Court Mar 11, 2020

Tucked away in the City of London is one of the UK’s most successful invisible exports. But is the Commercial Court threatened by international developments? Joshua Rozenberg investigates.

Italy has extended its emergency coronavirus measures and Prime Minister Giuseppe Conte has ordered people to stay at home. Lawyer Mariella Melandri tells Law In Action how this is affecting her legal practice and clients.

The government is planning emergency legislation allowing people who are forced to self-isolate to appear in court by video link or telephone. Is this an adequate substitute for a face-to-face hearing? Joshua speaks to immigration barrister Colin Yeo.

Also, is India’s Citizenship Amendment Act (CAA) unconstitutional? Dr Rahul Rao, Senior Lecturer in Politics at the School of Oriental and African Studies at London University, explains why this controversial law is being challenged in the Indian Supreme Court.

Producer: Neil Koenig Researcher: Di Richardson

Supporting evidence Mar 03, 2020

Imagine what it must be like to be a child with autism. Your school won’t give you the support you need. But challenging that decision involves giving evidence at a tribunal where the lighting seems dazzling and the air-conditioning sounds deafening. Joshua Rozenberg reports from a tribunal in Glasgow designed by children for children. He visits a unique sensory room designed to put children with autism at their ease and help them speak for themselves.

Also, could Manchester City FC overturn their UEFA ban at the Court of Arbitration for Sport? Joshua speaks to Christopher Flanagan, editor of The International Sports Law Journal.

Producer: Neil Koenig Researcher: Diane Richardson

On parole Feb 25, 2020

The Parole Board will soon have to decide whether it’s safe to release prisoners convicted of low-level terrorist offences. But how effective is it at predicting whether a criminal will reoffend? Joshua Rozenberg visits the Parole Board for England and Wales to find out.

Also new legal powers to prevent the spread of coronavirus, Joshua speaks to David Lawson, Barrister at Serjeants' Inn Chambers and Catharine Arnold, author of Pandemic 1918.

Producer: Neil Koenig Researcher: Diane Richardson

What’s it really like to be in prison? Nov 19, 2019

The secrets of life behind bars, revealed in a new podcast series. Joshua Rozenberg meets the ex-prisoners and others behind the project from The Prison Radio Association and The Prison Reform Trust.

The bedroom tax and why the Court of Appeal got it wrong, plus online courts and the future of justice.

Photo: Joshua Rozenberg with The Secret Life of Prisons presenters and contributors:

Paula Harriott, Head of Prisoner Engagement at Prison Reform Trust. Brenda Birungi, Poet and Founder of Unchained poetry. David Breakspear, Prison Reform Campaigner. Phil Maguire, Chief Executive of the Prison Radio Association.

If you are feeling emotionally distressed and would like details of organisations which offer advice and support, go online to bbc.co.uk/actionline or you can call for free, at any time to hear recorded information 0800 066 066.

Producers: Diane Richardson and Neil Koenig.

Abusive parents Nov 12, 2019

Should parents with a history of domestic abuse be allowed to see their children? How can the family courts protect children from further abuse? Joshua Rozenberg asks where the law should draw the line. And he discovers some of the innovative programmes being run in Altcourse Prison near Liverpool - including keeping birds of prey. Presenter: Joshua Rozenberg Producer: Neil Koenig Researcher: Diane Richardson

Help for vulnerable witnesses Nov 05, 2019

Joshua Rozenberg visits a busy Crown Court where vulnerable or intimidated witnesses can give pre-recorded evidence and face cross-examination before the defendant stands trial.

Researcher: Diane Richardson Producer: Neil Koenig

Legal lessons from Brexit Oct 29, 2019

In holding the government to account over Brexit, our judges have added new pages to the UK's uncodified constitution. Joshua Rozenberg finds the law more active today than at any time since he launched this programme 35 years ago, and in the first episode of the new series he asks what legal lessons we can learn from the tumult caused by Brexit.

Researcher: Diane Richardson Producer: Neil Koenig

Rape Myths Jun 25, 2019

Do jurors believe in rape myths? A coalition campaigning to end violence against women said a third of people questioned in an opinion poll thought that sex without consent was not rape if there was no physical violence involved.

Professor Cheryl Thomas at University College London has interviewed more than 50 real juries about their views. Ahead of publication, she outlines her findings to Joshua Rozenberg.

Also this week, the court that can close your business down in a few seconds; and whether contestants on Love Island should have to leave their legal rights at the door of their villa.

Producers: Bob Howard and Neil Koenig

Julian Assange: What next? Jun 18, 2019

Prosecutors in the United States want Julian Assange extradited to face charges of conspiring to obtain and disclose classified defence documents. What chance does he have of defeating the US extradition request at a hearing planned for next February?

Also on Law in Action: if you’ve been turned down for social security payments, how easy is it to take the government to a tribunal? And the Australian defence lawyer who shopped her gangster clients to the police.

Producers: Bob Howard and Neil Koenig

Raising the Bar? Jun 11, 2019

Should a non-traditional background be a bar to joining the Bar? Barristers want the best recruits. But many law students waste time and money training for a profession they will never succeed in joining. Leading lawyers tell Joshua Rozenberg how they plan to reduce training fees and increase diversity.

Also this week: threats and transparency in the Court of Protection. And the law behind the failed attempt to launch a private prosecution against Boris Johnson.

Producers: Neil Koenig and Nina Robinson

Brexit and the EU judiciary Jun 04, 2019

What will happen to the European Union judiciary after Brexit? Eleanor Sharpston QC is a British member of the EU Court of Justice in Luxembourg. She argues it’s in the interests of both the UK and the EU for British judges to remain at the EU Court after Brexit - at least during a transitional period - because the UK will still be affected by its rulings.

Also this week: transparency in the courts. When judges make decisions on sensitive personal and family issues, should their courts be open to all? Or does reporting put justice at risk? Joshua Rozenberg shines a light on this darker corner of the law.

Producer: Neil Koenig

Jailhouse Law May 24, 2019

Joshua Rozenberg reports from a prison where inmates study legal issues alongside law students from Cambridge University. The academics who launched this ground-breaking project have found that both groups of students benefit by learning together.

Plus, why four doctors have launched a Judicial Review of the Royal College of Physician’s assisted dying poll.

Producers: Neil Koenig and Diane Richardson.

Online Abuse and the Law Mar 19, 2019

Joshua Rozenberg asks whether new laws are needed to protect online and social media users from abuse?

Plus, in our latest look behind the scenes of courts large and small, we visit an immigration tribunal in central London. Joshua Rozenberg meets applicants who want to stay in Britain and judges who need an encyclopaedic knowledge of world affairs to decide whether they can remain.

The Family Drug and Alcohol Court Mar 05, 2019

We visit a problem-solving court in Coventry. Joshua Rozenberg speaks to judges, social workers and a mother whose drug addiction put her at risk of losing her children. Producer: Neil Koenig

The Supreme Court Feb 26, 2019

Behind the scenes at the UK's top court: Joshua Rozenberg talks to staff, officials and the court’s most senior justices. Why do they allow some appeals and refuse even to hear others? How activist are they? And what effect did the Brexit challenge of 2016 have on the reputation of the judiciary? Producer: Neil Koenig

Peacemaking, New York style. Nov 20, 2018

Judge Alex Calabrese can wield the big stick if he needs to. But peacemakers at the Red Hook Community Justice Centre in Brooklyn often find it more effective to pass round what they call a talking stick. Joshua Rozenberg finds out whether a Native American form of dispute resolution can be transplanted to a deprived corner of New York.

Also, what the new director of public prosecutions for England and Wales thinks about screening jurors before they try rape cases. And one of the BBC team covering the Grenfell Tower Inquiry brings us up to date with the lines of evidence that have emerged so far.

(Picture: Alex Calabrese, Acting Supreme Court Justice for the State of New York and Presiding Judge at Red Hook Community Justice Centre)

Producer: Neil Koenig Researcher: Diane Richardson

How did the US Supreme Court become so powerful? Nov 13, 2018

Joshua Rozenberg hears the story of the extraordinary case that rewrote the way America is governed - giving the Supreme Court the power to overrule Congress. He discovers what American prosecutors get up to behind the closed doors of the grand jury room. And he asks whether we should be screening jurors in England and Wales for bias before they are allowed to serve on rape trials. Producer: Neil Koenig Researcher: Diane Richardson

Can the law rein in Amazon? Nov 06, 2018

There is a possibility of a new legal challenge to the tech giants. Early last year, an unknown American law student published a scholarly article in a distinguished journal. Lina Khan argued that competition law – known in the United States as anti-trust law – could be used to rein in the activities of huge enterprises like Amazon. Other lawyers disagree with her reasoning - but the Federal Trade Commission is assessing the arguments. Joshua Rozenberg sounds out opinions in the United States. Also this week: should offences committed in childhood mean a criminal record for life? Producer: Neil Koenig Researcher: Diane Richardson

Should a former soldier be tried without a jury? Oct 30, 2018

Dennis Hutchings, a former soldier charged with attempted murder in Northern Ireland in 1974, says the UK Supreme Court should let him face trial by jury, rather than a hearing at a special court where a judge sits alone. Joshua Rozenberg speaks to Mr Hutchings and his lawyer. And in the first of a series of reports from the US, we investigate whether female lawyers face prejudice in the courtroom - including allegations of using tears to manipulate jurors.

Producer: Neil Koenig Researcher: Diane Richardson

Facial Recognition Technology Jun 26, 2018

Some police forces are using automated facial recognition technology to pick suspects out of a crowd. But is face mapping a valuable tool in the fight against serious crime or a new threat to our civil liberties? And does it work? Joshua Rozenberg investigates.

Also in this week's programme...

Do body-worn video cameras help police to deal more effectively with domestic violence incidents - or do they make matters worse?

And the mysterious case of the "pernicious weed"...who should pay when the wrong kind of vegetation - such as Japanese knotweed - is found on railway lines?

Producer: Neil Koenig Researcher: Diane Richardson.

Social media in the dock Jun 19, 2018

Does social media pose a threat to criminal justice - and can fair trials be ensured?

In this week's programme, Sir Brian Leveson, head of criminal justice in the courts of England and Wales, tells Joshua Rozenberg that the law needs updating to cope with the growth in social media. And a retired senior judge from Northern Ireland considers whether more needs to be done to protect complainants - and defendants - in sexual assault trials.

Also in this edition of Law in Action: something rather unusual - a private prosecution for fraud.

Producer: Neil Koenig Researcher: Diane Richardson.

Should justice move online? Jun 12, 2018

Is moving justice online a good idea? In British Columbia they have done just that, with a new online tribunal handling things like small claims and property disputes. Could something like this work in Britain? Joshua Rozenberg reports from Vancouver.

Also in this week's programme: law is an immensely popular subject for students, but are they given sufficient warnings about how difficult it will be to find work as a solicitor or barrister - especially in the field of criminal law?

And does Donald Trump have the ability to pardon himself were he to commit a crime?

Producer: Neil Koenig Researcher: Diane Richardson.

No-fault Divorce Jun 05, 2018

Should it be easier to end a marriage? The Supreme Court is currently considering a rare defended divorce. Campaigners hope the case will prompt a change in the law in England and Wales - but others fear this will lead to divorce on demand. Joshua Rozenberg investigates.

Also in this week's programme: Christina Blacklaws, incoming president of the Law Society of England and Wales, on the implications of an important milestone. A century after the reform that allowed them to become lawyers, most practising solicitors are now women.

And, the Attorney General Jeremy Wright on what to do with the National Fund: nearly 500 million pounds which was meant to pay off the national debt.

Producer: Neil Koenig Researcher: Diane Richardson.

Interview with Lord Chancellor David Gauke Mar 20, 2018

David Gauke MP, Lord Chancellor and Secretary of State for Justice speaks to Joshua Rozenberg about prisons, modernising the courts system, legal aid and the coroners service.

Also: Could plans to change the way solicitors are regulated result in easier and cheaper access to legal services or put consumers at risk? Paul Philip, chief executive of the Solicitors Regulation Authority (SRA) and deputy vice president of the Law Society, Simon Davis, discuss the pros and cons of the proposed changes.

Plus the Secret Barrister, who blogs and tweets about life as a criminal barrister tells Law In Action why the criminal justice system is close to breaking point.

Driverless Cars and the Law Mar 13, 2018

The government wants fully self-driving cars on UK roads by 2021 but which will be ready first - the technology or the law? Who is responsible in an accident - the owner or the manufacturer?

Joshua Rozenberg meets the team planning a 200 mile driverless journey across the UK and speaks to barrister Lucy McCormick, co-author of Law and Driverless Cars, who explains how the legal landscape is evolving.

Also: this week, the High Court is considering a challenge by two victims of the black-cab rapist, John Worboys. Among the points being considered is a challenge to a Parole Board rule, made by ministers, that says its proceedings must not be made public. Former DPP and chairman of the Parole Board Sir David Calvert-Smith discusses the desirability of a more transparent system.

Plus: a new data protection law will soon come into effect. It's called the General Data Protection Regulation, or GDPR, and it's designed to make sure that organisations take more care of how they store and use our personal information.

Philip Giles of Giles Wilson Solicitors and Chair of the Law Society's Small Firms Division explains what this means for businesses and the way they handle data, and Deputy Information Commissioner James Dipple-Johnstone reveals the sizeable penalties for failure to comply with the new law.

Sex Discrimination Law Mar 06, 2018

Is sex discrimination law failing women in the workplace?

It's more than 40 years since parliament passed the first Sex Discrimination Act, making it unlawful for employers to discriminate against women in the workplace by treating them less favourably than men. Still, allegations of sexual discrimination and sexual harassment have dominated the news over the past few months.

Joeli Brearley tells the story of how she lost her job after she told her employer that she was pregnant and Joshua Rozenberg asks former High Court Justice Dame Laura Cox and employment discrimination lawyer Karen Jackson whether the law itself needs reform.

Also: Judges ought to know their sentencing law, but it's much harder to get sentencing right than it should be, according to the government's law reform advisers. The Law Commission is recommending a new sentencing code that will be much easier for judges to follow. Law in Action speaks to David Ormerod QC, the law commissioner in charge of the project.

Plus the story of how an international group of graffiti artists won nearly $7 million in damages in a New York court after their work was destroyed. We speak to the artist Meres One, curator at the 5 Pointz building which housed the work, and lawyer Eric Baum about the Visual Artists Rights Act which protected the artworks under law.

Failings in Evidence Disclosure Feb 27, 2018

The number of prosecutions in England and Wales that collapsed because of a failure by police or prosecutors to disclose evidence increased by 70% in the last two years.

Joshua Rozenberg speaks to the Director of Public Prosecutions Alison Saunders and David Tucker from the College of Policing about their response to this rising concern.

He also speaks to those directly affected by the failures - members of the public charged and taken to court because police failed to disclose evidence that would clear them.

Such cases are nothing new to the Criminal Cases Review Commission (CCRC), which investigates potential miscarriages of justice. Law in Action speaks to the CCRC's chair Richard Foster about the current wave of cases and his concerns that people are being wrongly imprisoned because evidence is not shared with defence teams.

CONTRIBUTORS

Clive Steer, businessman

Julia Smart, barrister at Furnival Chambers

Dr Hannah Quirk, Senior Lecturer in Criminal Law & Justice, University of Manchester

Richard Foster, Chair of the Criminal Cases Review Commission

Alison Saunders, Director of Public Prosecution

David Tucker, crime and criminal justice lead for the College of Policing.

Trump, the FBI and the Law Feb 07, 2018

Following the appointment of Robert Mueller as special counsel to investigate alleged links between Russians and Donald Trump's election campaign, Joshua Rozenberg finds out what the role of the special counsel involves, how he will go about his work and how the White House will be affected by the probe.

Also in the programme: the BBC's Delhi Correspondent, Sanjoy Majumder, reports on the reaction to a recent Indian Supreme Court decision which has upset drinkers and liquor store owners - but pleased those affected by drink-driving accidents.

And, as the African Union prepares to meet later this month, Joshua talks to a leading South African-based lawyer about the fierce debate taking place on whether African countries should continue to be part of the International Criminal Court.

Interview with The Lord Chief Justice of England and Wales Nov 21, 2017

In his first interview since taking office, the Lord Chief Justice of England and Wales Sir Ian Burnett talks to Joshua Rozenberg. He explains what can be done to gain back public confidence.

Also, if you are a foster carer, are you an employee or a worker? How a Scottish couple fought to have their status changed.

Katie Gollop QC in conversation with Nemone Lethbridge who was called to the Bar nearly sixty years ago. She remembers why she was not allowed to use one particular facility in Chambers.

Finally, as Paddington comes to the big screen again, immigration barrister Colin Yeo explains what the Peruvian bear's status is in England.

Paddington 2 is directed by Paul King and produced by StudioCanal.

Producers: Diane Richardson & Smita Patel Editor: Richard Vadon.

Investigating the Dead Nov 14, 2017

Joshua Rozenberg asks what's the point of investigating the dead over allegations of abuse. He speaks to the former judge Sir Richard Henriques, who is critical of recent police investigations into dead people accused of abuse.

The programme also explores whether we need new laws to protect cyclists on our roads.

Producer: Smita Patel Researcher: Diane Richardson.

Acid Attacks and the Law Nov 07, 2017

Professor Simon Harding, criminologist at the University of West London, considers proposals to control the sale and possession of corrosive substances with Joshua Rozenberg.

The Lawyers Working for GCHQ Oct 31, 2017

Joshua Rozenberg talks exclusively to the director for legal affairs at the government's signals service GCHQ and asks him why the UK's secret intelligence agency needs lawyers.

Interview with the Lord Chancellor David Lidington Jun 27, 2017

Joshua Rozenberg examines the implications for the criminal justice system - especially the courts and prisons - of the growing number of prosecutions and convictions of older people for sexual offences.

The programme also discovers the legal implications of the explosion in the theatrical use of holograms of both the living and the dead. And we find out what's on the agenda for the new Lord Chancellor and Justice Secretary, David Lidington.

The Law After the Election Jun 13, 2017

Following the general election, Joshua Rozenberg introduces a special live discussion programme in which he and his guests consider what the composition of the new House of Commons means for the law. They consider the courts and those who use them, the strained prison system, impending legislative changes to the law - including those required to achieve commitments made on Brexit - and how those seeking access to justice are likely to fare.

Producer Simon Coates.

Why Are We Short of Judges? Mar 16, 2017

Vacancies for senior Judges and circuit Judges are now at an all-time high - why?

The Judiciary is still reeling from last year's "Enemies of the People" headlines and morale is low, with many Judges fed up with the job.

Speaking to three senior judges, Joshua Rozenberg asks what can be done to address the situation?

Producer: Jim Frank Researcher: Beth Sagar-Fenton

Joint Enterprise and Homicide Law Nov 15, 2016

Joint Enterprise is the law by which a group of people can be convicted with the same offence and earlier this year the Supreme Court ruled that Joint Enterprise law had been misinterpreted for 30 years.

This gave campaigners significant hope as they say Joint Enterprise is an unjust law, especially when applied to murder convictions because all defendants face the same mandatory life sentence even if they were periphery players.

But these hopes were dashed when the Court of Appeal announced that it was not going to permit thirteen Joint Enterprise murder convictions to be reviewed. Joshua Rozenberg explores why the court came to this decision - and asks if the perceived unfairness over Joint Enterprise points to bigger problems with the law of homicide.

Also on the programme: Soon-to-be President Donald Trump has said one of his most important tasks will be to appoint a judge to the US Supreme Court, which he has said would be pro-life and pro-gun ownership. To what extent can he be sure that the Supreme Justices will do his bidding?

And after 500 years, the trial of Hamlet, Prince of Denmark will be heard in London in a mock trial featuring real QCs, and a real judge. Law in Action hears how the prosecution and defence are going to state their case.

CONTRIBUTORS

Gloria Morrison, campaign co-ordinator for JENGBA (Joint Enterprise, Not Guilty by Association)

Alison Levitt QC

Bob Neill MP, chair of the Justice Select Committee

James Zirin, lawyer and author of Supremely Partisan

Ian Winter QC

Ruth Brock, chief executive of the Shakespeare Schools Festival

Shaheed Fatima QC

Lady Justice Hallett

PRODUCERS: Matt Bardo & Richard Fenton-Smith EDITOR: Penny Murphy.

Brexit in the High Court Nov 08, 2016

The High Court has decided that Prime Minister Theresa May cannot trigger Brexit without an Act of Parliament - but what are the legal ramifications of this ruling?

This week, Joshua Rozenberg explores this latest chapter in Britain's exit from the EU - the fallout from which has seen highly personal attacks on England's most senior judges, as the ideological divisions seen in the run up to the referendum vote were exposed once more.

Following our previous edition of Law in Action, which aired straight after the referendum vote, the programme has gone back to the same leading legal minds to seek some clarity amid the conflicting and confusing media coverage.

Has the high court's decision really stalled Brexit as leave voters fear - and some remainers hope? Just how will the so-called 'Great Repeal Bill' work in practice? And will the UK still have to comply with EU laws if it wants to continue to trade with the continent?

CONTRIBUTORS

Prof Catherine Barnard, Professor of European Law at the University of Cambridge

Prof Mark Elliott, Professor of Public Law at University of Cambridge

Producers: Matt Bardo & Richard Fenton-Smith.

Terrorism, Extremism and the Law Nov 01, 2016

Do the laws designed to counter terrorism and extremism strike the right balance between stopping violent attacks and protecting our civil liberties?

Weighing up this question has been one of the main tasks of David Anderson QC - the Independent Reviewer of Terrorism Legislation. Mr Anderson is due to step down after six years in the post, and he speaks to Joshua Rozbenberg about the changes he has seen in counter-terrorism law, and whether the net has now been cast too wide in the fight against extremism.

One critic of the current law is Salman Butt who is bringing a judicial review case against the Home Office, which he says unfairly labelled him as an extremist speaker.

Mr Butt, who is the editor of the website Islam 21c, says the government conflates conservative religious views with extremism and this unfairly targets members of the Muslim community. Next month at the High Court he will be challenging sections of the government's Prevent counter-extremism policy, which he says conflicts with the right to free speech.

These concerns are shared by the Home Affairs select committee which has also criticised the policy, with MPs saying that that unless concerns among the Muslim community are addressed, Prevent would continue to be viewed by many as toxic.

Law in Action has also discovered that one of the key architects of Prevent also believes it has lost its way. In this programme, Joshua Rozenberg speaks to former GCHQ director Sir David Omand about how the strategy was devised and how it differs to his original vision.

Producers: Richard Fenton-Smith & Matt Bardo Editor: Penny Murphy.

Interview with Alison Saunders, Director of Public Prosecutions Oct 25, 2016

Thirty years ago the Crown Prosecution Service was established - the body which acts as a gatekeeper to the criminal justice system of England and Wales. Those three decades have not been an easy ride for the CPS, which faced staffing shortages from the start. What's beyond doubt is that a well-run prosecution service is essential if the criminal courts are going to deliver justice.

In this first programme of the new series, Joshua Rozenberg speaks to the current head of the CPS - the Director of Public Prosecutions Alison Saunders.

They discuss how the CPS has changed the legal landscape, as well as some of the key areas of work for the CPS in recent years such as increasing the success rate of rape prosecutions; bringing historical child sexual abuse cases to trial; the recovery of proceeds of crime; and the new challenges social media is presenting for the justice system.

Producer: Richard Fenton-Smith.

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