The European Union (Withdrawal) Act 2018 provides the UK Supreme Court and the High Court of Justiciary in Scotland with the power to depart from retained EU case law after the end of the transition period. Draft regulations, introduced by the Government in October 2020, seek to extend this power to the Court of Appeal and other equivalent courts and tribunals. This article looks at the detail of the regulations and recent scrutiny that has taken place.
Documents to download
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Criminal Cases Review Commission (Information) Bill 2015–16: Briefing for Lords Stages (131 KB, PDF)
The Criminal Cases Review Commission (Information) Bill is a House of Commons private member’s bill introduced by William Wragg (Conservative MP for Hazel Grove). It is supported in the House of Lords by Lord Ramsbotham (Crossbench). The Bill has passed its stages in the House of Commons without amendment and is scheduled to have its second reading in the House of Lords on 26 February 2016. It is supported by the Government.
Under section 17 of the Criminal Appeal Act 1995, the Criminal Cases Review Commission (CCRC) has the power to require public bodies to disclose and provide documents and other materials which may help the CCRC in exercising its duties. The Bill would extend this power to allow the CCRC—following the granting of an order by the Crown Court—to request such documents from someone who is not employed by or serving in a public body. The explanatory notes to the Bill explain that “unlike their counterpart in Scotland” the CCRC currently has no power to require such individuals to supply this information.
Documents to download
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Criminal Cases Review Commission (Information) Bill 2015–16: Briefing for Lords Stages (131 KB, PDF)
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The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 allow for the implementation of the separation provisions in the UK-EU withdrawal agreement relating to law enforcement and security cooperation.
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‘Hate crime’ is used to describe a range of criminal behaviour that a victim or other person perceives to be motivated by hostility or prejudice towards a person’s disability, race, religion, sexual orientation or transgender identity. These aspects of a person’s identity are referred to as ‘protected characteristics’. There have been recent calls to extend the protected characteristics to cover sex and gender. This would see misogyny become a hate crime.
