Law Society Legal News Summary 30 June 2022


Changes to criminal law 

Stuart Nolan, chair of our criminal law committee, spoke with BBC South Today – Oxford (from 01:35), after Harper’s Law came into effect as part of the Police, Crime, Sentencing and Courts Act. The law means anyone who is convicted of killing an emergency worker while carrying out another crime will face a life sentence. 

Stuart also spoke with BBC Radio Oxford (from 1:13:50) about the Police, Crime, Sentencing and Courts Act and other changes which came into effect, including dangerous drivers facing life sentences.
 

Criminal defence reforms 

Richard Atkinson, from our criminal law committee, spoke to the Times (£) about criminal justice reforms that could be on the agenda such as a one-stop shop criminal defence hub. 

He said that the government were “looking at ways of changing the delivery but that is not the problem. The problem is with the supply of qualified lawyers. At the current rates of pay, no one wants to work in criminal defence”.
Meanwhile, the Gazette reports on solicitors mulling court walkouts over the government’s criminal legal aid proposals.
 

Rule of law concerns 

The FT (£) covers a letter from co-leaders of the Green Party, noting that they’ve written to us and the Bar Council asking us to consider whether legally qualified parliamentarians who vote for legislation that breaks international treaties should considered to have committed serious professional misconduct and should therefore be suspended from their professional membership body. 

NB: It would be for the regulators – the Solicitors Regulation Authority and the Bar Standards Board – to make decisions about professional misconduct.
 

Brussels office closure 

The Times (£) covers news that our Brussels office is to close. 

A Law Society spokesperson said: “It is with great sadness that we announce the closure of the Law Society’s Brussels office. Our Brussels team has been an integral part of the Law Society’s influencing work in the European Union for over three decades. Their role during the Brexit transition period was particularly important as the UK sought to leave the EU and establish a new trade relationship. 

“Post-Brexit and post-transition period, however, the UK has third country status and is treated by the EU as any other non-member state, meaning the workload has fallen for our Brussels team and the workload of our international team at Chancery Lane has increased as the UK seeks trade deals with countries outside the bloc. The nature of the UK-EU trade agreement means that the need for a presence in Brussels to be close to the EU institutions is reduced, while the relatively high fixed costs of the office mean a smaller Brussels team would not be economically viable.”
 

SRA’s fining power increase approved 

Legal Futures and the Gazette report that the Ministry of Justice (MoJ) has approved the increase in the Solicitors Regulation Authority’s fining power from £2,000 to £25,000.


Law Society vice president Lubna Shuja said: “We remain concerned about the lack of independence within the SRA between decision makers and prosecutors, as well as the lack of transparency around SRA decisions. We do not think that the right of appeal to the SDT is an adequate safeguard. 

'We staunchly opposed this increase in fining powers and lobbied the MoJ to reconsider its position, however, it has decided to forge ahead. The SDT remains the most appropriate jurisdiction for more serious and complex matters and those that may involve higher fines. It guarantees independence, transparency, objectivity, has adequate safeguards and much greater powers – including the ability to impose fines and strike-off a solicitor.”

Diversity and inclusion 

Law.com (login required) covers its annual diversity and inclusion rankings. Stephanie is quoted as saying the profession must “continue to reflect on how we can welcome new voices and experiences into our businesses and how we can retain and progress them.” Stephanie adds that talking “openly and honestly” will ensure a culture change in the industry.
 

London Legal Walk 

Following Tuesday’s London Legal Walk, the Gazette and Legal Cheek run photo stories capturing highlights of the afternoon.
 

Also worth a read: 

  • New laws needed on facial recognition – Gazette
  • Deportations of category A foreign criminals falling – Telegraph (£)
  • Inquiry into Captain Tom charity – BBC
  • Police forces in special measures – Guardian

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