Female Genital Mutilation trial

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Published: Friday, 30 January 2015 11:26

Written by Bill Wilson

Bill Wilson was instructed to advise a Hospital Consultatnt on the first Female Genital Mutilation (FGM) trial in the UK.

PACE Code of Practice Changes. Will this lead to greater pre interview disclosure by the police?

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Published: Monday, 01 December 2014 15:24

Written by John Williams

The PACE Code of Conduct CODE C "Detention, Treatment and Questioning of persons by police officers" in England and Wales was amended with effect from 00:00 on 2nd June 2014 to reflect the provisions of the European Directive 2012/2013 PRE-CONS 78/11. This directive contains the following provisions:-

Article 6 Right to information about the accusation

1. Member States shall ensure that suspects or accused persons are provided with information about the criminal act they are suspected or accused of having committed. That information shall be provided promptly and in such detail as is necessary to safeguard the fairness of the proceedings and the effective exercise of the rights of the defence.

2. Member States shall ensure that suspects or accused persons who are arrested or detained are informed of the reasons for their arrest or detention, including the criminal act they are suspected or accused of having committed.

3. Member States shall ensure that, at the latest on submission of the merits of the accusation to a court, detailed information is provided on the accusation, including the nature and legal classification of the criminal offence, as well as the nature of participation by the accused person.

4. Member States shall ensure that suspects or accused persons are informed promptly of any changes in the information given in accordance with this Article where this is necessary to safeguard the fairness of the proceedings.

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Wax House II Now you see it now you don't

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Published: Thursday, 20 November 2014 12:16

Written by John Williams

We posted a picture of the wax house on the 9th October and promised more. Here it is. on 20th November. Mr Wolf has been huffing and puffing pretty hard.

Regulatory dishonesty. Avoiding erasure

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Published: Thursday, 16 October 2014 16:23

Written by John Williams

We represented a chiropractor who had been convicted of drink driving. He failed to disclose the conviction to the GCC within the required 7 days. When the time came for renewal of his registration because of various mitigating circumstances he did not disclose the conviction. What saved him from probable erasure was that within 10 days of completing the online registration form he volunteered to the GCC that he had been convicted. Whilst his initial reluctance to disclose was foolhardy in the extreme and something he conceded to the PCC for which he"only had himself to blame" his voluntary disclosure within a short time afterwards turned out to be his saving grace. As it turned out our client passed a health assessment required by the GCC and, after careful consideration, the PCC  found that the drink drive conviction did not have material relevance to our client's fitness to practise so  if he had disclosed it when he should he may have avoided a disciplinary finding altogether.

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