Law In Action

A civil claim has been launched in the state of Virginia by the parents of Harry Dunn, who was killed in Northamptonshire in 2019 when his motorcycle was in collision with a car driven on the wrong side of the road by Anne Sacoolas. What are Harry's parents hoping to get out of it? Joshua Rozenberg speaks to their American lawyer. Picture Credit: Justice4Harry19 The number of cases waiting to be tried at Crown Courts in England and Wales is now over 56,000. We examine the backlog viewed from the perspective of a juror, a barrister and a judge. We ask what effect the pandemic has had on prisoners, and on those serving indefinite sentences. And the Justice Secretary and Lord Chancellor Robert Buckland QC reveals new proposals to allow deaf people to sit on juries, as part of a plan to allow remote juries in England and Wales, even after the pandemic. Presenter: Joshua Rozenberg Researcher: Diane Richardson Producer: Arlene Gregorius

Remembering Jack Merritt, who was murdered in the attack at London Bridge in November 2019. He and Saskia Jones, who was also killed, were associated with an offender rehabilitation programme at Cambridge University called Learning Together. The murderer was a former prisoner attending a conference at Fishmongers Hall to mark its fifth anniversary. Earlier in 2019, Law in Action had interviewed Jack Merritt and some of the prisoners he was supporting at Warren Hill Prison in Suffolk. A year on, we hear about his legacy. Presenter: Joshua Rozenberg Producer: Paul Connolly Researcher: Diane Richardson

How has the North Kensington Law Centre managed to keep going for 50 years when other social legal advice providers have run out of money? One reason must be the vision of Peter Kandler, 85, who set up the UK’s first law centre in a former butcher’s shop and is still closely involved in running it today. He tells Joshua Rozenberg that, half a century on, the centre is now coping with housing and immigration problems that he thought were a thing of the past. Picture: Peter Kandler, founder of North Kensington Law Centre courtesy of Law Centres Network. The programme includes an Extract from 'North Kensington Law Centre', © Crown copyright/BFI - British Film Institute or BFI Player.

The lessons of history: what the Great Fire of London can teach us about dealing with a modern plague. And, as the lord chief justice tells his judges to keep calm and carry on — despite the lockdown to be introduced in England on Thursday — we ask whether the Nightingale courts of England and Wales could learn a thing or two from the Odeon courts of Scotland. Joshua Rozenberg reports. Researcher: Diane Richardson Producer: Neil Koenig

An independent investigation into the International Criminal Court has revealed examples of bullying, sexual harassment and judicial incompetence. Victims of war crimes are having to wait a lifetime for reparations. But, as Joshua Rozenberg has been hearing, those same victims are hugely grateful to a court that has given them a voice. And with a week to go before the presidential election, courts across the United States have already been dealing with voting-related challenges. Will the next US president be chosen by the judges? The former president of the Supreme Court, Lord Neuberger, says the government's Internal Market Bill is a threat to the nation's reputation as a stalwart of the rule of law, especially when it is asking citizens to abide by restrictions during the pandemic. "It is a massive own goal for the government to be announcing to the people of this country that it does not keep its word, that it does not obey international law," he tells Joshua. Extract from video of ICC court proceeding

How can the courts cope with the constraints of Coronavirus? That’s the challenge facing Lord Burnett of Maldon, head of the judiciary in England and Wales. Joshua Rozenberg asks the Lord Chief Justice whether new ways of working can deliver justice at a time of crisis. Among those innovations is mediation, Law in Action speaks to a court-based mediator and a court user whose case was resolved without leaving home. And we find out how lockdown is changing the civil courts. Can remote hearings work effectively? Researcher: Diane Richardson Producer: Neil Koenig

A poker player who used a Victorian conjuring trick to win £7.7 million from a London casino left court empty-handed in 2017 after a court found he “took positive steps to fix the deck”. But now judges have decided that the ruling in Phil Ivey’s case should be the test for dishonesty. Joshua Rozenberg explains how it works, while a gambler tells us that the courts have got it wrong. Also this week, how do you ensure social distancing in a crowded detention centre? And how is lockdown affecting the work of the civil justice system? Contributors: Dr Natalie Byrom, director of research at the Legal Education Foundation Toufique Hossain, director of public law at Duncan Lewis Solicitors Richard Munchkin, host, “Gambling with an Edge” podcast Professor David Ormerod, University College London Researcher: Diane Richardson Producer: Neil Koenig

Can virtual courts deliver justice? We speak to participants of a mock jury trial held by law reform group Justice, with legal teams and jurors replacing the courtroom with the sitting room. Scotland's second most senior judge, Lord Justice Clerk Lady Dorrian, outlines how socially distanced jury trials can resume safely in July. And Joshua Rozenberg asks Director of Service Prosecutions Andrew Cayley QC if the Service Prosecuting Authority is prosecuting cases of rape and sexual assault effectively and whether charges are likely to be brought against British military personnel accused of offences against Iraqi civilians. Researcher: Diane Richardson Producer: Neil Koenig

Recent high-profile discrimination claims have cast a media spotlight on the employment tribunals of England, Wales and Scotland. But how good are they are at resolving disputes between employers and staff? How independent are they of the government? And how well have they recovered from fee increases that meant some employment judges had to move jobs? Why an autistic man’s experiments with explosives were lawful. Joshua speaks to Jonathan Hall QC, Independent Reviewer of Terrorism Legislation about the case of Chez Copeland, who spent almost two years in a maximum security prison for setting off explosions in his garden. Also US courtroom drama Judge Judy is to end after 25 years. Joshua asks Adam Benforado, associate professor of law, about the show’s legacy and popularity. Producer: Neil Koenig Researcher: Diane Richardson

Earlier this year, Airbus was ordered to pay nearly €1bn by a criminal court in London. The penalty, for failure to prevent bribery, was more than twice the fines paid by defendants in England and Wales for the whole of 2018. In addition, the global aerospace company was required to pay fines totalling €2.6bn in France and the United States. But Airbus has not been convicted of any crimes and nobody has gone to prison. Joshua Rozenberg Investigates deferred prosecution agreements. Contributors: Tim Bowden, partner, Dechert Alex Brummer, City editor of the Daily Mail Toby Duthie, co-founder, Forensic Risk Alliance Duncan Hames, director of policy, Transparency International Laura Haywood, case controller, Serious Fraud Office Eric Russo, prosecutor, Parquet National Financier Janette Rutterford, emeritus professor of finance and financial history, Open University Business School Researcher: Diane Richardson Producer: Neil Koenig

Tucked away in the City of London is one of the UK’s most successful invisible exports. But is the Commercial Court threatened by international developments? Joshua Rozenberg investigates. Italy has extended its emergency coronavirus measures and Prime Minister Giuseppe Conte has ordered people to stay at home. Lawyer Mariella Melandri tells Law In Action how this is affecting her legal practice and clients. The government is planning emergency legislation allowing people who are forced to self-isolate to appear in court by video link or telephone. Is this an adequate substitute for a face-to-face hearing? Joshua speaks to immigration barrister Colin Yeo. Also, is India’s Citizenship Amendment Act (CAA) unconstitutional? Dr Rahul Rao, Senior Lecturer in Politics at the School of Oriental and African Studies at London University, explains why this controversial law is being challenged in the Indian Supreme Court. Producer: Neil Koenig Researcher: Di Richardson

Imagine what it must be like to be a child with autism. Your school won’t give you the support you need. But challenging that decision involves giving evidence at a tribunal where the lighting seems dazzling and the air-conditioning sounds deafening. Joshua Rozenberg reports from a tribunal in Glasgow designed by children for children. He visits a unique sensory room designed to put children with autism at their ease and help them speak for themselves. Also, could Manchester City FC overturn their UEFA ban at the Court of Arbitration for Sport? Joshua speaks to Christopher Flanagan, editor of The International Sports Law Journal. Producer: Neil Koenig Researcher: Diane Richardson

The Parole Board will soon have to decide whether it’s safe to release prisoners convicted of low-level terrorist offences. But how effective is it at predicting whether a criminal will reoffend? Joshua Rozenberg visits the Parole Board for England and Wales to find out. Also new legal powers to prevent the spread of coronavirus, Joshua speaks to David Lawson, Barrister at Serjeants' Inn Chambers and Catharine Arnold, author of Pandemic 1918. Producer: Neil Koenig Researcher: Diane Richardson

The secrets of life behind bars, revealed in a new podcast series. Joshua Rozenberg meets the ex-prisoners and others behind the project from The Prison Radio Association and The Prison Reform Trust. The bedroom tax and why the Court of Appeal got it wrong, plus online courts and the future of justice. Photo: Joshua Rozenberg with The Secret Life of Prisons presenters and contributors: Paula Harriott, Head of Prisoner Engagement at Prison Reform Trust. Brenda Birungi, Poet and Founder of Unchained poetry. David Breakspear, Prison Reform Campaigner. Phil Maguire, Chief Executive of the Prison Radio Association. If you are feeling emotionally distressed and would like details of organisations which offer advice and support, go online to bbc.co.uk/actionline or you can call for free, at any time to hear recorded information 0800 066 066. Producers: Diane Richardson and Neil Koenig.

Should parents with a history of domestic abuse be allowed to see their children? How can the family courts protect children from further abuse? Joshua Rozenberg asks where the law should draw the line. And he discovers some of the innovative programmes being run in Altcourse Prison near Liverpool - including keeping birds of prey. Presenter: Joshua Rozenberg Producer: Neil Koenig Researcher: Diane Richardson

Joshua Rozenberg visits a busy Crown Court where vulnerable or intimidated witnesses can give pre-recorded evidence and face cross-examination before the defendant stands trial. Researcher: Diane Richardson Producer: Neil Koenig

In holding the government to account over Brexit, our judges have added new pages to the UK's uncodified constitution. Joshua Rozenberg finds the law more active today than at any time since he launched this programme 35 years ago, and in the first episode of the new series he asks what legal lessons we can learn from the tumult caused by Brexit. Researcher: Diane Richardson Producer: Neil Koenig

Do jurors believe in rape myths? A coalition campaigning to end violence against women said a third of people questioned in an opinion poll thought that sex without consent was not rape if there was no physical violence involved. Professor Cheryl Thomas at University College London has interviewed more than 50 real juries about their views. Ahead of publication, she outlines her findings to Joshua Rozenberg. Also this week, the court that can close your business down in a few seconds; and whether contestants on Love Island should have to leave their legal rights at the door of their villa. Producers: Bob Howard and Neil Koenig

Prosecutors in the United States want Julian Assange extradited to face charges of conspiring to obtain and disclose classified defence documents. What chance does he have of defeating the US extradition request at a hearing planned for next February? Also on Law in Action: if you’ve been turned down for social security payments, how easy is it to take the government to a tribunal? And the Australian defence lawyer who shopped her gangster clients to the police. Producers: Bob Howard and Neil Koenig

Should a non-traditional background be a bar to joining the Bar? Barristers want the best recruits. But many law students waste time and money training for a profession they will never succeed in joining. Leading lawyers tell Joshua Rozenberg how they plan to reduce training fees and increase diversity. Also this week: threats and transparency in the Court of Protection. And the law behind the failed attempt to launch a private prosecution against Boris Johnson. Producers: Neil Koenig and Nina Robinson