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25 May 2012 / Roger Smith
Issue: 7515 / Categories: Opinion , Human rights
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Principle players

Roger Smith rounds up recent human rights developments

The UN inches towards a statement of the principles and guidelines on access to justice in criminal matters. Its Commission for Crime Prevention and Criminal Justice adopted draft provisions in Vienna at the end of April. The Commission’s recommendation should be enough to see the guidelines formally agreed by the UN itself.

Criminal legal aid

The principles, which might become helpful to defenders of criminal legal aid from domestic cuts, require prompt access to legal aid at all stages of the criminal justice process. Paragraph 21 states that this is to be done: “Regardless of means, if the interests of justice so require, for example, given the urgency or complexity of the case or the severity of the potential penalty.”

Such a provision inhibits attempts by government to cut the police station duty solicitor scheme or to impose charges, as originally suggested in the Bill that became the Legal Aid, Punishment and Sentencing of Offenders Act (LASPO).

Interestingly, the process was led by two countries both

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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