Law In Action

How can a court decide that a young woman is to have medical treatment without her knowledge or that of her mother or guardian? The Court of Protection - which rules on cases involving 'protected' persons who lack the mental capacity to make decisions for themselves - sometimes holds 'closed hearings' that are secret to one or more of the parties, and to the public. Why are those hearings used, and can it ever be justified for the secrecy to lead to public misinformation? The law now treats animals very differently than in the past. A new book describes how in medieval Europe, they could even be prosecuted - in one case, a pig was actually sentenced to death for the murder of a child. But nowadays cases involving animals focus on their welfare. A campaigning organisation has been granted a court hearing to examine if the breeding of Britain’s fast-growing broiler chickens is detrimental to their health and welfare, and therefore in breach of the law. Nearly 3000 prisoners are continuing to serve more

Prison education is “chaotic”, says the House of Commons Education Select Committee, and often “inadequate” says Ofsted. Yet, if done right, it can help reduce offending, and the number of victims, by giving prisoners the skills they need to get a job upon release. It’s no small task. Over half of prisoners have reading ages below 11. A large proportion have special educational needs. Many were expelled from school and have no qualifications. Yet education doesn’t seem to have been a priority. Now the government has promised a "step-change" for an improved Prisoners Education Service for England and Wales in its White Paper. Can it deliver? In a special edition of Law in Action Joshua Rozenberg speaks to people whose expertise and experience spans the spectrum of prison education: - Chief Inspector of Prisons Charlie Taylor - Chair of the Education Select Committee Robert Halfon MP, - Leeds Prison Governor Steven Johnson - Open University criminology lecturer, manager for students in secure environments,

Can the proposed British Bill of Rights be compatible with international law? Joshua Rozenberg speaks to Mark Elliott, Professor of Public Law and Chair of the Faculty of Law at the University of Cambridge. How can law firms become more welcoming to people with disabilities? Law in Action's Octavia Woodward tests the wheelchair access at Barristers' Chambers 7 Bedford Row. Plus barristers Holly Girven and Disability's Not a Bar co-host Haleemah Sadia Farooq share their experiences of disability and the law. Do we need a change in the law to bring more cases of corporate fraud to court? The Director of Public Prosecutions sets out his plans. Also what makes a good judge? "If the party that loses pays you a compliment, then I feel that's a job well done." Lady Rose of Colmworth, justice of the UK Supreme Court talks about balancing fairness and empathy. Presenter: Joshua Rozenberg Reporter: Octavia Woodward Sound: Neil Churchill Production Coordinators: Maria Ogundele and Helena Warwick-Cross Produce

Explaining the barriers to conviction at every stage of the criminal justice system. Prosecutions for the crime have declined by 40% over the last four years in England and Wales, although they have gone up in Scotland and Northern Ireland. And yet the number of cases reported to the police is higher than ever. What is going wrong? And what needs to change so that more survivors get justice - and to reduce the threat from rapists? Joshua Rozenberg is joined by a specialist panel drawn from across the criminal justice system, to find out where the problems lie. They debate what could be done differently, so that fewer cases result in no further action being taken, or with survivors dropping out of the legal process. And he hears first-person testimony from a woman who was raped, who describes her subsequent experience with police and prosecutors. Panellists: - Alice Kelly, Deputy Chief Crown Prosecutor for the Southeast, Crown Prosecution Service - Betsy Stanko OBE, emeritus Professor of Criminology, str

"We can't conduct effective, timely investigations by remote control in The Hague." International Criminal Court prosecutor Karim A. A. Khan QC speaks about the efforts and challenges facing investigators on the ground in Ukraine. Why lawyers in Scotland are boycotting some domestic abuse cases in a dispute about legal aid. Plus, if you place a bet on a winning horse, does the bookmaker have to pay out if they make a mistake? Presenter: Joshua Rozenberg Producers: Diane Richardson and Arlene Gregorius Production Coordinators: Maria Ogundele and Helena Warwick-Cross Editor: Hugh Levinson

Justice Secretary Dominic Raab speaks to Joshua Rozenberg about the UK's support for the International Criminal Court's efforts to prosecute any Russians who may have committed war crimes in Ukraine. He outlines plans to boost the legal aid budget, and thus the incomes of criminal barristers - but when will they actually get any of the money? Mr Raab also explains why he is replacing the Human Rights Act with a new Bill of Rights. The vast majority of senior judges are former barristers, and most are white men. Is the recruitment system skewed against solicitors and minorities? Solicitors insist it is, but the Judicial Appointments Commission strongly denies this. Joshua hears the arguments on both sides. “No fault divorce” is set to come into effect in April. Will it free couples from unnecessary acrimony and costs, or make it too easy to split up? Producer: Arlene Gregorius Researchers: Octavia Woodward and Imogen Serwotka Production Coordinators: Maria Ogundele and Jacqui Johnson Sound: Rod Farquhar

Has silencing journalists with libel claims now become harder? The High Court dismissed a suit by a Kazakhstan company against journalist Tom Burgis, author of 'Kleptopia'. The phenomenon of foreign individuals or companies using the favourable libel laws and high financial risks of the system in England and Wales is sometimes called "libel tourism" or even "lawfare". Some fear it has allowed Russian oligarchs in particular to stifle criticism. Joshua Rozenberg asks if this case could signal the end of that trend. Class actions, or collective actions as they're called in the UK, are new on this side of the Atlantic. How do they work, and could millions of passengers stand to benefit from a case against some rail companies? A little-noticed part of the Police, Crime, Sentencing and Courts Bill would criminalise trespass and "residing, or intending to reside, on land without consent in or with a vehicle". Gypsy, Roma and Travellers say that threatens their lifestyle and makes nomadism illegal. But the Gover

Is Scotland's Gender Recognition bill a progressive step forward, or a threat to women? Joshua Rozenberg investigates the legislation, which removes the need for medical evidence when changing gender and reduces the age at which this can be done. Lawyers in the City of London bring in billions of pounds to the UK economy. English law is popular overseas for its predictability and for the independence of its judges. But is this reputation as a beacon for the rule of law being eroded by a lack of court funding and also by what some see as government undermining the judiciary? Fears raised by the Lord Chief Justice and echoed by the body representing City of London solicitors. And why is there still a pay gap between male and female barristers? Producer: Arlene Gregorius Research: Octavia Woodward and Imogen Serwotka Sound: Graham Puddifoot Production Coordinators: Maria Ogundele and Jacqui Johnson Editor: Hugh Levinson

How does international criminal law regard Russia's invasion of Ukraine? Joshua Rozenberg speaks to Professor Philippe Sands QC, whose grandfather was forced to flee the Ukrainian city of Lviv over a century ago . Is our democracy being eroded by the government, by reducing parliament’s opportunities for scrutiny? Two reports from the House of Lords Select Committees, titled "Government by Diktat" and "Democracy Denied", say there is an urgent need to return power to parliament. They worry about power grabs and an increased use of secondary legislation - ie laws made by ministers, that can’t be amended by MPs or peers. One recent piece of secondary legislation made it legal in England for children in care aged 16 and above to be housed in unsupervised adult accommodation such as hostels. Joshua hears from a care-experienced writer what that was like, and the risks that vulnerable children might face in such housing. The law is now being challenged in the courts. Producer: Arlene Gregorius Researchers: Oc

Joshua Rozenberg places under the microscope a controversial lawsuit aimed at the governing bodies of rugby. Players diagnosed with traumatic brain injuries, believed to be the result of repeated concussions, claim the sport neglected their duty of care. Did they? He also hears polar opposite views on whether or not thousands more civilian magistrates should be recruited to our courts: Justice Haddon Cave, the senior presiding judge for England and Wales, is in favour of the drive, whilst the anonymous and controversial author known as ‘The Secret Barrister’ is against. Finally, Joshua hears from the hugely successful barrister and judge, Barbara Mills QC, about a hard-hitting report which exposes a lack of diversity at the bar. If you need support with dementia, help and support is available via BBC Action Line.

Joshua Rozenberg speaks to a former jailhouse lawyer about his time behind bars and the cases he tackled on behalf of his fellow inmates. He also hears from well-known broadcaster, Stephen Nolan, about the extraordinary steps he took in tracking down, and launching a libel action against, a social media troll. And Lord Pannick QC, one of the most successful barristers of his generation, discusses the lasting value of courtroom advocacy. Producer: Paul Connolly Researcher: Louise Byrne Sound: Andy Garratt Editor: Hugh Levinson

Joshua Rozenberg examines the phenomenon of false memories and the impact they can have on courtroom testimony. Can our recollections ever be trusted fully? And, if not, how profound are the implications for the criminal justice system? He speaks to Sir Andrew McFarlane, the senior family judge in England and Wales, about his plans to open up the family courts to reporting by accredited journalists and specialist bloggers. And Derek Sweeting QC, chair of the Bar Council of England and Wales, tells Joshua why he believes the largest funding increase in more than a decade for the justice system still doesn't go far enough. Producer: Paul Connolly Researcher: Louise Byrne Sound: James Beard Production Coordinators: Maria Ogundele and Sabine Schereck

Joshua Rozenberg speaks to women judges whose lives have been at risk since the Taliban came to power in Afghanistan. Forced to leave their high-profile careers behind, many are faced with an impossible dilemma: do they choose a potential escape to freedom? Or do they stay with their families, in hiding and on the run? Ahead of Cop26, Joshua wades into a burning debate on whether or not fossil fuel companies are entitled to compensation from governments which make the switch to cleaner, renewable energy ahead of schedule. And he speaks to Christian Weaver, a young barrister whose new book aims to educate the public about their legal rights in 60 second bursts. Producer: Paul Connolly Researcher: Louise Byrne Studio Manager: Rod Farquhar

Fighting knife crime before it happens; Scotland's "not proven" verdicts; and the law on automated cars. Knife crime in England and Wales is at its highest in ten years. Some young people can find it hard to resist gangs or knives for what they see as self-protection. Often they end up in the criminal justice system. Some argue the law is not the answer. But what is the alternative? We hear from a youth worker at the successful youth centre Youth Futures, and from a retired senior criminal barrister, who has launched an online one-stop-shop, fightingknifecrime.london, for those seeking or offering help to keep young people out of trouble. In Scotland, juries can find defendants guilty, not guilty or not proven. If guilt is "not proven", the defendant is acquitted and regarded as innocent in law. Should that third option be abolished? Juries often use "not proven" in rape cases, if they feel guilt has not been proven 'beyond reasonable doubt' (the requirement for a guilty verdict) but nor do they want to i

It’s illegal to ride a private e-scooter on public roads or pavements – but the rules for the new, council approved e-scooter rental schemes are different. We navigate the maze of laws and regulations to ask what’s allowed, required or illegal. Billionaires are about to fly into space, but what is the legal framework for this? What if your rocket hits my satellite? We boldly go into space law. Why coal tip laws brought in following the Aberfan disaster do not protect the public and need to be reformed. And the changing face of the legal profession – criminal barrister Mark Robinson shows that lawyers come from a greater range of backgrounds now – he didn’t have any GCSEs, but a career as a DJ. Presenter: Joshua Rozenberg Producers: Diane Richardson and Arlene Gregorius

Thousands of people have received fixed penalty notices for breaching Covid-19 restrictions, even though no offence had actually been committed in their cases. Yet there is no appeals procedure, and not paying the fines risks a criminal record. So what should happen with them? Sir Geoffrey Vos, the master of the rolls and head of civil justice, reveals how new online systems are increasingly doing away with the need to go to court. The legal profession used to be dominated by middle-aged, middle-class, white men, but that has been changing, and this year I. Stephanie Boyce became the first person of colour to be elected president of the Law Society, the professional body for solicitors in England and Wales. What are her priorities for her tenure? The recent quashing of the convictions for theft and false accounting of 39 sub-postmasters after Britain's biggest miscarriage of justice has laid open the world of private criminal prosecutions. It was not the Crown Prosecution Service that took the sub-post

Traumatic brain injury can cause neurological changes that make people more impulsive, less able to control their reactions, and less able to understand others. Therefore it's associated with violent crime. An estimated 60% of those in prison have a history of brain injury. But is prison the best place for them, and their rehabilitation? The criminal justice system is taking an ever greater interest in how to deal with traumatic brain injury. We hear about a Thames Valley Police pilot project to keep offenders out of prison, pre-sentence screening in the UK and elsewhere, and about an innovative court for those aged 18-25 in New Zealand. Brain injury is as common among women prisoners, often due to a history of suffering domestic violence. For these women their injuries, compounded by other factors, lead to mental health issues so serious that it's estimated that three quarters of them have tried to take their own lives. What are prisons doing to help them? And what about women prisoners' additional burden

Judicial Review is a mechanism to check the legality of decisions or actions by public bodies such as the government or parliament. But has this turned into "politics by another means"? The government commissioned Lord Faulks and a panel of experts to examine this question, and to make recommendations for reform. The report was published last week. But does the government now want to go much further than the recommendations in the report? Should there be legal aid for bereaved families whose relative died in the care of the state, such as in prison, a police cell or in a mental health in-patient setting? These deaths trigger "Article 2 inquests", referring to the right to life, protected under the European Convention on Human Rights. The coroner will want to find out what went wrong, so it doesn't happen again. The state has legal representation to defend itself, but the families often can't afford the specialist lawyers that, campaigners argue, are required for a level playing field. Family breakdown

Around the world environmentalists are taking governments and companies to court to fight climate change. Joshua Rozenberg explores how the law is evolving into a powerful activists' tool. In the first case of its kind, in a ruling that was upheld by the Dutch Supreme Court, the Netherlands were found to have a duty to reduce greenhouse gas emissions by 25% compared to 1990, and this by December of last year. What happened? Apart from governments, companies are being sued by individuals or shareholders. For example, a Peruvian farmer has filed a case in a German court against a German electricity company for what he claims is its role in warming up the climate enough for him to be threatened by flooding as a nearby Andean glacier melts. In Poland activist shareholders sued the board of their utility company to stop the development of a new coal mine, claiming an "indefensible" financial risk, due to rising carbon costs and falling renewables prices. And senior lawyers are developing the concept of "eco

Amy Jeffress, the US lawyer of Anne Sacoolas, speaks exclusively to Joshua Rozenberg, about the accident that led to the death of Northamptonshire teenager Harry Dunn, and its aftermath. Scotland needs the agreement of the Westminster-based UK government to hold a referendum about independence legally. So far Downing Street has indicated that the UK would not agree to a second referendum in the short term. But could there be legal options around the need for Westminster's approval? And jabs for jobs? Can vaccination be made compulsory in some circumstances? What are your rights if your employer requires you to be vaccinated to come to work? Or if your employee refuses to be vaccinated? And what about companies - from cinemas to airlines - can they legally require proof of vaccination from their customers? Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson