The Law Show

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Prison Education Jul 05, 2022

Show notes

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

Show notes

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

Show notes

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

Show notes

"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

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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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

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