Research Briefing
This Note looks at some of the criticism of the European Court of Human Rights, in particular the procedure for selecting and electing judges to the Court, the quality and experience of those judges and proposals for reforming the selection criteria and method of appointment.
Research Briefing
This note provides an overview of the right of a private individual to bring a criminal prosecution. It also outlines some of the procedural safeguards to prevent misuse of this right, including the need to obtain consent to prosecute certain offences and the ability of the Director of Public Prosecutions to take over private prosecutions. It includes a discussion of recent attempts to bring private prosecutions in respect of alleged war crimes.
Research Briefing
This note outlines the provisions under which an acquitted defendant may be entitled to recover his legal costs from central funds. In particular, it considers the recent introduction of a "cap" on the amount that may be recovered. The cap, introduced in October 2009, provides that an acquitted defendant who paid for private legal representation will only able to recover his costs at legal aid rates, even where these are lower than the commercial rates his private lawyers actually charged. The defendant will be responsible for meeting any difference. Following a judicial review application by the Law Society, in June 2010 the High Court ruled that the October 2009 pay rates were unlawful.
Research Briefing
This Note sets out how individuals who believe they are victims of a government's failure to respect an EU obligation, or that they have been negatively affected by an EU act or a failure to act, can seek judicial and non-judicial remedies.
Research Briefing
This Bill provides ‘guarantees’ for pupils and parents in the school system, underpinned by new Home School Agreements, and makes provision for parental satisfaction surveys. It also makes changes to the powers of governing bodies of maintained schools; extends the remit of School Improvement Partners; provides greater powers for local authorities and the Secretary of State in relation to failing schools; paves the way for the introduction of School Report Cards; and makes provision to introduce a licence to practise for teachers. The Bill also seeks to implement the recommendations of several major reports. These changes affect the school curriculum; provide a registration system for home educators; and provide an additional right of appeal for parents of children with special educational needs. The Bill would also make changes to the reporting of information relating to family proceedings. Other provisions relate to Local Safeguarding Children Boards, Youth Offending Teams, the charitable status of academies, and the fees system for the inspection of independent schools.
Research Briefing
This note is intended to offer a brief overview of the current work of the International Criminal Court (ICC) and the contemporary debates which surround it.
Research Briefing
The Fraud (Trials Without a Jury) Bill 2006-07. Bill 6 of 2006-07. House of Commons Library Research Paper 06/57
Research Briefing
Following the decision in Pepper v Hart in 1993, if primary legislation is ambiguous or obscure the courts may in certain circumstances take account of statements made in Parliament by Ministers or other promoters of a Bill in construing that legislation. Until that decision, using Hansard in that way would have been regarded as a breach of Parliamentary privilege.
Research Briefing
The Constitutional Reform Bill (HL) - a Supreme Court for the United Kingdom and judicial appointments (Bill 18 of 2004/05). House of Commons Library Research Paper 05/06.
Research Briefing
The Constitutional Reform Bill (HL) - the office of Lord Chancellor (Bill 18 of 2004/05). House of Commons Library Research Paper 05/05.
Research Briefing
Courts Bill (HL). (Bill 112 of 2002/03). House of Commons Library Research Paper 03/52.
Research Briefing
Access to Justice Bill: Legal Aid (HL Bill 67 1998/99). House of Commons Library Research Paper 99/33.
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