House of Commons - Justice Committee: Post-legislative Scrutiny Of Part 2 (Encouraging Or Assisting Crime) Of The Serious Crime Act 2007 - HC 639

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Publisher : The Stationery Office
ISBN 13 : 9780215062239
Total Pages : 40 pages
Book Rating : 4.0/5 (622 download)

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Book Synopsis House of Commons - Justice Committee: Post-legislative Scrutiny Of Part 2 (Encouraging Or Assisting Crime) Of The Serious Crime Act 2007 - HC 639 by : Great Britain: Parliament: House of Commons: Justice Committee

Download or read book House of Commons - Justice Committee: Post-legislative Scrutiny Of Part 2 (Encouraging Or Assisting Crime) Of The Serious Crime Act 2007 - HC 639 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013-09-13 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government presented its Post-legislative Scrutiny of the Serious Crime Act 2007 Memorandum to the Home Affairs Committee and Justice Committee in November 2012. The parts of the Memorandum falling within the Justice Committee's remit were a) Serious Crime Prevention Orders and b) Part 2, in particular, offences of encouraging or assisting crime in terms of prosecution and interpretation of the sections by courts and the CPS. There is concern about the trenchant criticism that Part 2 of the Serious Crime Act 2007 received. In addition, Part 2 was the subject of appeals to the Court of Appeal. The report concurs with the academics who wrote that the sections are complex and difficult to understand for lawyers, let alone for defendants, jurors and other lay-people working in the criminal justice system. It raises some key concerns and questions about the purpose of post-legislative scrutiny. It is considered that where the substance of an Act or part of an Act is to create or revise criminal offences it is appropriate for questions of a purely legal or technical nature to be considered. The latest judgment in the case of Sadique may allow the legislation to settle into accepted use and interpretation. However, the Ministry should conduct a further and full post-legislative assessment of Part 2 in 2016. If, in the meantime, the number of appeals on Part 2 increases, the Ministry should consider bringing forward legislative proposals for revising, or even replacing, Part 2 to meet the purpose of the legislation in a less tortuous fashion

House of Commons - Justice Committee: Fraud, Bribery and Money Laundering Offences Guideline: Consultation - HC 804

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Publisher : The Stationery Office
ISBN 13 : 9780215064431
Total Pages : 20 pages
Book Rating : 4.0/5 (644 download)

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Book Synopsis House of Commons - Justice Committee: Fraud, Bribery and Money Laundering Offences Guideline: Consultation - HC 804 by : Great Britain: Parliament: House of Commons: Justice Committee

Download or read book House of Commons - Justice Committee: Fraud, Bribery and Money Laundering Offences Guideline: Consultation - HC 804 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013-11-08 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: In line with the Council's overarching approach to sentencing, the draft Guideline puts greater emphasis on the impact the crime has had on the victim than previous guidelines issued by its predecessor body and on culpability, rather than focusing more exclusively on financial loss. We welcome this approach in relation to the six individual guidelines, as we are conscious that victims, particularly vulnerable individuals, may suffer significant financial and psychological harm over the loss of relatively small sums. This report discusses concerns with the new guidelines and makes recommendations for changes to the proposals

House of Commons - Justice Committee: Appointment of HM Chief Inspector of Probation - HC 640

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Publisher : The Stationery Office
ISBN 13 : 9780215062642
Total Pages : 36 pages
Book Rating : 4.0/5 (626 download)

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Book Synopsis House of Commons - Justice Committee: Appointment of HM Chief Inspector of Probation - HC 640 by : Great Britain: Parliament: House of Commons: Justice Committee

Download or read book House of Commons - Justice Committee: Appointment of HM Chief Inspector of Probation - HC 640 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Justice Committee held a pre-appoointment hearing with the preferred candidate, Mr Paul McDowell. This report contains the oral evidence from that meeting and the Committee approves his appointment. The report also contains correspondence between the Chair of the Committee and the Secretary of State, the job advertisement, the person specification used in the recruitment process, and Mr McDowell's curriculum vitae.

House of Commons - Justice Committee: Appointment of the Chair of the Office for Legal Complaints - HC 916

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Publisher : The Stationery Office
ISBN 13 : 9780215065773
Total Pages : 44 pages
Book Rating : 4.0/5 (657 download)

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Book Synopsis House of Commons - Justice Committee: Appointment of the Chair of the Office for Legal Complaints - HC 916 by : Great Britain: Parliament: House of Commons: Justice Committee

Download or read book House of Commons - Justice Committee: Appointment of the Chair of the Office for Legal Complaints - HC 916 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013-12-13 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chairmanship of the Office for Legal Complaints is one of the posts which are subject to (non-binding) pre-appointment scrutiny by select committees. Elizabeth France was recruited to the position on 10 October 2008, and the Justice Committee took oral evidence from her on 21 October.

House of Commons - Justice Committee: Ministry of Justice Measures in the JHA Block Opt-Out - HC 605

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Publisher : The Stationery Office
ISBN 13 : 9780215063403
Total Pages : 44 pages
Book Rating : 4.0/5 (634 download)

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Book Synopsis House of Commons - Justice Committee: Ministry of Justice Measures in the JHA Block Opt-Out - HC 605 by : Great Britain: Parliament: House of Commons: Justice Committee

Download or read book House of Commons - Justice Committee: Ministry of Justice Measures in the JHA Block Opt-Out - HC 605 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013-10-31 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government has struck a reasonable balance in the way it is planning to exercise its right to opt-out of pre-Lisbon Treaty EU policing and criminal justice measures, but the way it has engaged Parliament in the decision-making process has been badly handled and 'cavalier'. The Government left the Commons select committees far too little time to assess the reasons for their decisions on EU justice opt-ins, and did not provide the full impact assessment which was needed. The Committee agrees with the Government's plans to seek to opt back into seven of the sixteen measures, and not to opt into a number of others. The Committee also raises questions about the Government's intention not to opt back into two specific instruments, the Probation Measures Framework Decision and the Framework Decision on the settlement of conflicts of jurisdiction. The Committee also calls on the Government to provide an assessment of the effect of the extension of the jurisdiction of the Court of Justice of the European Union over the measures covered by the opt-out. The Committee also agrees with the Government's proposal to seek to rejoin decisions on data protection in policing and criminal justice, and on a data protection secretariat, but says that the arguments are more finely balanced in relation to the Framework Decision on settlement of conflicts of jurisdiction

Reinterpreting Criminal Complicity and Inchoate Participation Offences

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Author :
Publisher : Routledge
ISBN 13 : 1317198883
Total Pages : 375 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Reinterpreting Criminal Complicity and Inchoate Participation Offences by : Dennis J. Baker

Download or read book Reinterpreting Criminal Complicity and Inchoate Participation Offences written by Dennis J. Baker and published by Routledge. This book was released on 2016-05-26 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.

HC 307 - Crime Reduction Policies: A Co-Ordinated Approach?

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Publisher : The Stationery Office
ISBN 13 : 0215073193
Total Pages : 220 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis HC 307 - Crime Reduction Policies: A Co-Ordinated Approach? by : Great Britain. Parliament. House of Commons. Justice Committee

Download or read book HC 307 - Crime Reduction Policies: A Co-Ordinated Approach? written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2014 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Justice Committee believes The Treasury should seriously question whether taxpayers' money is used in ways most likely to reduce future crime and victimisation and must develop a longer term strategy for the use of resources tied up currently in the criminal justice system. All parts of the criminal justice system have had to cope with significant spending cuts, yet it appears that the Government has shied away from using the need to make those cuts to re-evaluate how and where money is spent. The Committee welcomes the development of various cross-Government initiatives to deal with the sources of crime, such as the Troubled Families Programme. But resources committed are tiny compared to the costs of crime to society. Each year: violent crime, 44% of which is alcohol related, costs almost £30 billion; crime perpetrated by people who had conduct problems in childhood costs around £60 billion; drug related crime costs £13.3 billion; anti-social behaviour related to alcohol abuse costs £11 billion. The costs of preventative investment further upstream are often relatively small yet the Committee's evidence highlights the clear benefits of collective ownership, pooled funding and joint priorities that have been facilitated by the shift of power in this field from Whitehall to local communities. The greatest problem identified by the Committee is the lack of rigorous assessment of where taxpayers' money can be most effectively spent in cutting crime. A more evidence-based approach is needed.

HC 850 - Criminal Cases Review Commission

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Publisher : The Stationery Office
ISBN 13 : 0215084659
Total Pages : 41 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis HC 850 - Criminal Cases Review Commission by : Great Britain. Parliament. House of Commons. Justice Committee

Download or read book HC 850 - Criminal Cases Review Commission written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2015 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Cases Review Commission (CCRC) was set up in 1997, by the Criminal Appeal Act 1995, on the recommendation of the Royal Commission on Criminal Justice. The CCRC investigates alleged miscarriages of justice, post-conviction and post-appeal, and has the power to refer cases back to the Court of Appeal for reconsideration. The Committee held a one-off evidence session on the work of the CCRC in January 2014, and then sought some views on the issues raised. The Committee subsequently decided to hold an inquiry on the CCRC, and launched it with a general call for evidence. The "real possibility" test, which requires that for a referral to be made there must be a real possibility that the conviction or sentence would not be upheld on appeal, was one of the most controversial aspects of the CCRC. The Committee found that criticisms broadly fell into one of three areas: that the test itself is wrong; that the test is being applied incorrectly by the CCRC; or that the Court of Appeal's approach to criminal appeals is overly restrictive. The Committee's considers each of these areas in turn. Critics of the test felt that it inherently prevents the CCRC from being truly independent of the Court of Appeal. The Committee concludes that any change would have to be in light of a change to the Court of Appeal's grounds for allowing appeals.

HC 954 - Legacy Report

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Publisher : The Stationery Office
ISBN 13 : 0215084624
Total Pages : 65 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis HC 954 - Legacy Report by : Great Britain. Parliament. House of Commons. Liaison Committee

Download or read book HC 954 - Legacy Report written by Great Britain. Parliament. House of Commons. Liaison Committee and published by The Stationery Office. This book was released on 2015 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt:

HC 310 - Joint Enterprise: Follow-Up

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Author :
Publisher : The Stationery Office
ISBN 13 : 021508084X
Total Pages : 32 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis HC 310 - Joint Enterprise: Follow-Up by : Great Britain. Parliament. House of Commons. Justice Committee

Download or read book HC 310 - Joint Enterprise: Follow-Up written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2014 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Report the Committee returns to follow up the Report which was published in January 2012 (ISBN 9780215040589) on the operation of the common-law doctrine of joint enterprise, which forms part of the criminal law relating to secondary liability. The types of cases considered are those in which P and D participate together in one crime and in the course of it P commits a second crime which D had foreseen he might commit: in such cases, under joint enterprise, D may also be charged and convicted of the second offence. The Committee considers in this report the impact of the guidance for prosecutors in joint enterprise cases which the Crown Prosecution Service (CPS) produced in response to one of the 2012 recommendations, taking into account statistics on murder and manslaughter cases with two or more defendants in 2012 and 2013 which the CPS also produced. The Committee concludes that the level of concern about the operation of joint enterprise, especially in murder cases, is such that it is no longer acceptable for the main authorities in the criminal justice system to give such limited attention and priority to the recording and collation of information and reommends that the Ministry of Justice establish a system to enable production of regular statistics on joint enterprise prosecutions, convictions and appeals. This report sets out a range of other concerns and questions which continue to be raised about the application of the doctrine, including the scale of use of joint enterprise, the question as to whether joint enterprise is being used as a social policy tool, the high number of Black and mixed race young men who have been convicted of joint enterprise offences. The evidence heard in this second inquiry into the subject has increased disquiet at the functioning of the law on joint enterprise and the Committee is no longer of the view that it is satisfactory for a consultation to be held on the Law Commission's previous proposals on joint enterprise.

HC 657 - Manorial Rights

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Publisher : The Stationery Office
ISBN 13 : 0215081129
Total Pages : 40 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis HC 657 - Manorial Rights by : Great Britain. Parliament. House of Commons. Justice Committee

Download or read book HC 657 - Manorial Rights written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2015 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Manorial rights are certain rights which were retained by lords of the manor in England and Wales when land became freehold in the early 20th century, and can include rights to mines and some minerals, sporting rights such as hunting, shooting and fishing, and rights to hold fairs and markets. In the past such rights were not required to be detailed on theregister of title, but they remained overriding - that is they bound the owner of the affected and even though they may not have known about the rights. Changes made through the Land Registration Act 2002 sought to increase the transparency and knowledge of such rights by requiring that they be registered and removing their overriding status. This Act specified a deadline - October 2013 - by which such rights should be registered to ensure they could not be lost.

Card, Cross & Jones Criminal Law

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Publisher : Oxford University Press
ISBN 13 : 0198753098
Total Pages : 887 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Card, Cross & Jones Criminal Law by : Richard Card

Download or read book Card, Cross & Jones Criminal Law written by Richard Card and published by Oxford University Press. This book was released on 2016 with total page 887 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on 65 years of history and expertise, Card, Cross & Jones is a trusted source of rigorous and dependable legal description and commentary.

Card, Cross, and Jones: Criminal Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0198702302
Total Pages : 871 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Card, Cross, and Jones: Criminal Law by : Richard Card

Download or read book Card, Cross, and Jones: Criminal Law written by Richard Card and published by Oxford University Press, USA. This book was released on 2014 with total page 871 pages. Available in PDF, EPUB and Kindle. Book excerpt: This popular title combines breadth of coverage with readability and sets out the principal points of criminal law in a systematic and thorough way. This edition includes the most recent legislative and case law developments.

Stirring Up Hatred

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Author :
Publisher : Springer Nature
ISBN 13 : 3031192427
Total Pages : 309 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Stirring Up Hatred by : Jen Neller

Download or read book Stirring Up Hatred written by Jen Neller and published by Springer Nature. This book was released on 2022-12-03 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the development of the ‘stirring up hatred’ offences which are currently found within the UK’s Public Order Act 1986. Through a critical discourse analysis of key excerpts of parliamentary Hansard, the book constructs a detailed genealogy of the offences from the perspectives that shaped them. A novel application of theory on 'myth' is used to navigate the complex arguments and to trace ideas about identity and order across parliamentary debates, from fears of Fascism in the 1930s to condemnations of homophobia in the early 21st century. The story of the stirring up hatred offences told in this book therefore extends far beyond the traditional frame of a dilemma between regulating hate speech and safeguarding free speech: it is inextricably entwined with myths about law, race and national identity, and speaks to wider themes of coloniality, neoliberalism, white entitlement, British-Christian exceptionalism and the innocence of law. Written in an accessible and engaging style, this book challenges a wide range of assumptions about hate speech law and raises a series of considerations for developing forms of accountability that are less complicit in the harms that they are supposed to redress.

HC 1117 - Appointment of HM Chief Inspector of the Crown Prosecution Service

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Author :
Publisher : The Stationery Office
ISBN 13 : 0215084187
Total Pages : 29 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis HC 1117 - Appointment of HM Chief Inspector of the Crown Prosecution Service by : Great Britain. Parliament. House of Commons. Justice Committee

Download or read book HC 1117 - Appointment of HM Chief Inspector of the Crown Prosecution Service written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2015 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Justice Committee held a pre-appoointment hearing with the preferred candidate, Mr Paul McDowell. This report contains the oral evidence from that meeting and the Committee approves his appointment. The report also contains correspondence between the Chair of the Committee and the Secretary of State, the job advertisement, the person specification used in the recruitment process, and Mr McDowell's curriculum vitae.

HC 311 - Impact of Changes to Civil Legal Aid Under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Acvt 2012

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Author :
Publisher : The Stationery Office
ISBN 13 : 0215084063
Total Pages : 87 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis HC 311 - Impact of Changes to Civil Legal Aid Under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Acvt 2012 by : Great Britain. Parliament. House of Commons. Justice Committee

Download or read book HC 311 - Impact of Changes to Civil Legal Aid Under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Acvt 2012 written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2015 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the reforms came into effect, there has been a significant underspend in the civil legal aid budget because the MoJ failed to ensure that those who are eligible for legal aid are able to access it. This has been partly been due to a lack of public information, including information about the Civil Legal Advice telephone gateway for debt advice, and the Committee recommends that the MoJ take prompt steps to redress this. The Committee also concludes that the exceptional cases funding scheme has not worked as Parliament intended. It was supposed to act as a safety net, protecting access to justice for the most vulnerable. The Committee expects the MoJ to react rapidly to ensure that the scheme fulfils Parliament's intention that the most vulnerable people are able to access legal assistance. The Government's reforms have led to an increase in the number and a change in the profile of litigants in person: increasingly these are people who have no choice but to represent themselves, and who may thus have difficulty in doing so effectively: although many tribunals are accustomed to dealing with unrepresented litigants the courts have to expend more resources in order to assist them. The MoJ has not been able to demonstrate that it has achieved value for money for the taxpayer. Although significant savings have been achieved, efforts to target legal aid at those who most need it have focused on intervention aimed at the point after a crisis has already developed, rather than on prevention.

HC 308 - Mesothelioma Claims

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Publisher : The Stationery Office
ISBN 13 : 0215075714
Total Pages : 32 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis HC 308 - Mesothelioma Claims by : Great Britain: Parliament: House of Commons: Justice Committee

Download or read book HC 308 - Mesothelioma Claims written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2014-08 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report assesses the decision to apply sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) to mesothelioma compensation claims. These sections prevent winning claimants recovering from defendants success fees charged by their lawyers or premiums for insurance against having to meet defendants' costs (after the event, or ATE, insurance). They applied to all other personal injury claims since April 2013, but section 48 of LASPO required Ministers to undertake a review before they could be brought into effect for claims relating to mesothelioma. The section 48 review was not prepared in a thorough and even-handed manner and a fresh consultation should be undertaken. The Government was not reconciled to the concession it was forced to make to exempt mesothelioma cases from its provisions, and determined to review the exemption as soon as it could. In its haste the Government failed to ensure that relevant information, such as a cost-benefit analysis of the changes, was available to interested parties. It also shoehorned part of its section 48 review into a wider consultation on changes to the mesothelioma claims process. The Committee also urges expedition of the primary legislation needed to bring into effect the Third Party (Rights Against Insurers) Act 2010, which will enable a claim to be issued against an insurer without a judgment first having had to be obtained against an insolvent insured party. The Ministry of Justice should also work in tandem with the Department of Health to reduce delays in the production of medical records of mesothelioma victims.