The Law Show

A year after Russia's invasion of Ukraine, Joshua asks Attorney General Victoria Prentis MP and Professor Philippe Sands KC how the law can help to deliver justice for Ukraine. Could Russia's leaders be tried for the crime of aggression?What can be done about the form of potentially abusive litigation known as a SLAPP?Plus, we meet the Ukrainian lawyers brining their skills to the UK.Presenter: Joshua Rozenberg Producer: Diane Richardson Editor: Simon Watts Production Co-ordinators: Maria Ogundele and Sabine Schereck Sound Engineer: James Beard

The international lawyer Robert Spano, originally from Iceland, has just completed his nine-year stint as a judge at the European Court of Human Rights in Strasbourg. For the last two and half of those nine years, he was the president of the court. In an exclusive interview with Joshua Rozenberg, he shares his thoughts on the relationship between the UK and the ECHR, on the Justice Secretary Dominic Raab’s planned Bill of Rights, and on the future of democracy in Europe. Photo credit: Picture Credit: Image of Robert Spano, former President of the ECHR by Candice Imbert, Council of Europe. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Sound engineers: James Beard in London and Matthieu Zisswiller in Strasbourg Researcher: Diane Richardson Production coordinator: Helena Warwick-Cross Editor: Simon Watts

Is the UK on a collision course with the European Court of Human Rights in Strasbourg? So far the UK's relationship with the ECHR has been a good one, and the UK has proportionately fewer cases before the court than the other 45 member states. But might Justice Secretary Dominic Raab's Bill of Rights bill change that? Former judge Robert Spano, the president of the ECHR until last month, speaks to Joshua Rozenberg. Is it time to improve the legal protection of the UK's 3.6 million cohabiting couples? Many wrongly believe that after a period of time together or having children, they have similar rights to married couples or people in civil partnerships. But that is not the case, and the government recently rejected the House of Commons Women and Equalities Committee's recommended reforms. In Scotland, cohabiting couples gained some statutory rights for the first time in 2006, but a report by the Scottish Law Commission now says that they need to be updated and made fairer. What is mine and what yours? Not always easy to answer. Say you're on a plane, and are using your tray table when the person in front of you reclines their seat - who owns the space above your knees? You or the other passenger? The authors of the book 'Mine!' tackle some ownership conundrums. And to end the series we hear some powerful reflections from Robert Spano on the future of democracy. Picture Credit: Image of Robert Spano, former President of the ECHR by Candice Imbert, Council of Europe.Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production co-ordinators: Maria Ogundele and Helena Warwick-Cross Sound engineer: Graham Puddifoot Editor: Simon Watts

Protest law in the UK has been tightened due to disruptive actions by climate change activists. Rap lyrics are now being scrutinized in California legal cases. Law students at Liverpool John Moores University offer free legal advice. The podcast also explores the challenges of balancing competing rights in protests and discusses new offenses and powers in the Public Order Bill.

The government is currently committed to a bonfire of laws which were inherited from the EU after Brexit - including things like the right to four weeks' paid annual leave. The Retained EU Law (Revocation and Reform) Bill 2022 requires government departments to check over 2400 laws; then decide which ones to keep, which ones to amend, and which ones to let disappear from the statute books. Those chosen to be kept or amended will have to get through parliament by the end of next year, if they are to remain in force. A useful cleansing of the statute books, or a loss of consumer, worker and environmental rights? Why does Northern Ireland’s Justice Minister want to raise the age of criminal responsibility? It's currently set at the age of ten, the same as that of England and Wales, although not Scotland. This is very low by international standards. Are young adult defendants being unfairly pressurised into pleading guilty? The campaigning organisation Fair Trials says that 18-24-year olds sometimes get as little as 30 minutes to make a potentially life-changing decision. There is an incentive of getting a third off a prison sentence for pleading guilty at the first opportunity - Fair Trails say young defendants can fail to realise the long-term consequences of making such a plea.Can podcasts help bring about justice or do they run the risk of prejudicing trials? We hear about the Australian true crime podcast ‘The Teacher’s Pet’, which has now helped solve a murder from 1982. The victim’s husband was convicted and is about to be sentenced. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Sound engineer: Graham Puddifoot Production Co-ordinators: Maria Ogundele and Helena Warwick-Cross Editor: Simon Watts

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 than their original sentence - sometimes over a decade more - because they are subject to “Imprisonment for Public Protection”. Some have never been released, others have been recalled to prison, even though IPP sentences were abolished in 2012. The Justice Select Committee has now called on the Government to review these sentences, with the aim of release for most. Members of the House of Lords agree, saying this form of detention is unjust. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production coordinators: Maria Ogundele and Helena Warwick-Cross Editor: Simon Watts

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 • Governor Steven Johnson, Head of Reducing Reoffending at HMP Leeds, who speaks on education for the Prison Governors Association • Open University criminology lecturer, manager for students in secure environments, PhD candidate and former prisoner Stephen Akpabio-Klementowski • David Breakspear, former prisoner and prison education campaigner • Joe Tarbert, Employment Support and Partnerships Manager at Redemption Roasters • Neah, former prisoner and trainee barista at Redemption RoastersJoshua puts some of their concerns to the Prisons Minister Victoria Atkins MP, and hears about the government's plans to improve prison education. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Editor: Hugh Levinson Production coordinator: Maria Ogundele and Helena Warwick-Cross Sound engineer: Rod Farquhar

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 Producer: Diane Richardson Editor: Hugh Levinson

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, strategic advisor to the Home Office's Operation Soteria Bluestone, and formerly of the Mayor's Office for Policing and Crime - Claire Waxman OBE, Victims Commissioner for London - Kirsty Brimelow QC, Vice Chair of The Criminal Bar Association - Sarah Crew, Chief Constable of Avon and Somerset police and National Lead for rape and serious sexual offences at the Police Chiefs Council - Wendy Williams CBE, Her Majesty’s Inspector of the Constabulary for the Wales and Western RegionPresenter: Joshua Rozenberg Producers: Arlene Gregorius and Ben Cooper Researcher: Diane Richardson Production coordinator: Maria Ogundele Sound recording: James Beard Sound mixing: Neil Churchill

"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