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Articles By The Legal Journal:

The Justice Gap: Law for all?

Since the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), legal aid has been decimated in the UK. One-fifth of law centres across England and Wales have closed their doors and legal aid deserts are now cropping up all across the UK. Research conducted by Refugee Action also revealed that…

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Humanist marriage: The legal challenge

In contrast to both Scotland and Northern Ireland, humanist marriages, which are non-religious ceremonies conducted by a humanist celebrant, are not legally recognised in England and Wales. This is despite years of campaigning across the board, by charities, MPs and peers in the House of Lords (HoL). In 2013, Parliament even granted the Government permission…

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Barriers to justice for survivors of child sexual abuse

In the UK, the number of child sexual abuse cases that conclude with a charge or summons is shockingly low. Many blame the low conviction rate on cases failing to pass the Full Code Test, for either evidential or public interest reasons. However, survivors face many more barriers to justice before cases even make it…

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Shamima Begum, statelessness and the Court of Appeal

On 16 July 2020, the Court of Appeal ruled that Shamima Begum, the young woman who was deprived of her British citizenship after leaving the UK at 15 to join ISIS, should return to the UK to appeal her case. This ruling comes after continual resistance by the Home Office, and a surge of public…

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Home Office fails to protect child at risk of FGM

Home Secretary Priti Patel has come under heavy fire for aggressively pursuing the deportation of an 11-year-old girl, who is at high risk of being subjected to Female Genital Mutilation (FGM) if deported. Despite the implementation of an FGM protection order, and a judge ruling that deportation would expose the child to serious danger, the Home…

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Legal regulators respond to “continuing competency” push

On 21 January 2020, the Legal Services Board (LSB) launched a call for evidence concerning the continuing competence of lawyers. The oversight regulator stressed the importance of ensuring legal professionals maintain a high level of competence over the course of their careers. It subsequently recommended mirroring both the education and healthcare sector, in terms of…

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Access to justice and the RNW policy

On 7 July 2020, Medical Justice, a charity which provides independent medical and legal advice to immigration detainees, presented a legal challenge to the Court of Appeal. This challenge concerned the Home Office’s “no notice” immigration policy, which it says breaches the European Convention on Human Rights, and the “Dublin III Regulation”. While the High…

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Is the justice watchdog no longer fit for purpose?

In the late nineties, under the recommendation of the Runciman Royal Commission, the Criminal Appeal Act 1995, introduced the Criminal Cases Review Commission (CCRC). It was created to independently investigate suspected miscarriages of justice across England, Wales and Northern Ireland. However, after years of austerity cuts, political interference and plummeting referral rates, many argue that…

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The Computer Misuse Act in 2020

On 29 June 2020, the Computer Misuse Act (CMA) turned 30. When the Act was given royal assent back in 1990, only 0.5% of the UK population used the Internet. Now, pro-reform academics call the legislation, “confused,” “ambiguous” and “outdated”. For years, academics and MPs alike have highlighted the need for serious reform. In 2004,…

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Immigration and discrimination: JCWI granted judicial review

Back in October 2019, the Joint Council for the Welfare of Immigrants (JCWI), began its legal case against the Home Office’s visa algorithm. The charity, supported by Foxglove, an advocacy group for digital injustices, argued that the selective algorithm used in the processing of visa applications is discriminatory and unlawful. Subsequently, they demanded the release…

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