Incidental detention from police encounters

slaw.ca blog today published a post, SCC decision in R. v. Grant: Do the ends justify the means?, commenting on a new judgment from the Supreme Court of Canada dealing with human rights, police questioning, search and seizure, and exclusion or reception of evidence.R v Grant, 2009 SCC 32 dealt with a common occurrence in …

Continue reading Incidental detention from police encounters

Threat of force ≠ fear of force

Lexis Nexis and Thomson-Reuters are the two big legal publishers in the legal market, here and in the USA, UK and NZ. They publish under different brands, with the best known probably Butterworths, Sweet & Maxwell, and Law Book Co.They're not the only players though. Several smaller publishers exist, amongst them OUP Australia and Federation …

Continue reading Threat of force ≠ fear of force

CPS gets its first advocacy report-card

The United Kingdom has a fairly complex criminal justice system, with many agencies and review agencies.I don't really know enough about the system to say if it's a good or a bad thing, but there's no doubt there's a lot of activity, and there have been a lot of major changes over the last decade. …

Continue reading CPS gets its first advocacy report-card

Marron M flies south

Moving south for a better quality of life is a tactic more familiar to the US than Australia.Reg Marron has resigned his appointment after 5 years as a Victorian magistrate, following a decade at the Victorian Bar. He leaves his role as the coordinating magistrate for the north-east region of the Magistrates' Court of Victoria …

Continue reading Marron M flies south

Video replay?

Further Edit: I accept that fully-recorded trials and "instant replays" are still a long way off. But perhaps they have moved a step closer with the Court of Appeal refusing to state a definitive rule about appellate courts reviewing recorded evidence in R v El Moustafa [2010] VSCA 40. There, the Court of Appeal chose …

Continue reading Video replay?