‘Section 28’ and the pre-recording of cross-examination: What can advocates expect in 2018?

This article first appeared in Criminal Law and Justice weekly – (2018) 182 JPN 7-10. And can be found here: https://www.criminallawandjustice.co.uk/features/%E2%80%9CSection-28%E2%80%9D-and-Pre-Recording-Cross-ExaminationIn 2018, so long as the recently identified technological issues are remedied (rumoured to be about storage capacity for the recordings), pre-recorded cross-examination will be rolled out across Crown Courts in England and Wales. The process evaluation report (MoJ, 2016) for the pilot of section 28 Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999) was encouraging as well as realistic; it acknowledged that findings might not be replicated on roll-out because courts in the study might not being representative of courts in general. The authors believe that the success of the scheme substantially rests in the hands of judges and practitioners. Here we briefly summarise the background to the roll-out, highlight some important aspects of the new guidance in the Criminal Practice Directions (CPD), illustrate practice with real case studies, and discuss the implications for professional development

Participation in the Court of Protection: A search for purpose

The Mental Capacity Act 2005 (‘the Act’) (UK) and associated rules and guidance aim to support the person with impaired decision-making to participate in decisions about their life. More than a decade after the Act came into force, there is uncertainty about what it means for the person (‘P’) who is the subject of proceedings in the Court of Protection (‘CoP’) to participate in court hearings. This paper reviews the law and guidance on participation of P as well as the limited published research on P’s participation. The authors identify gaps in the current legal framework and conclude that research which captures the views of judges, practitioners, and not least, P and their families and carers, is a necessary step towards improved CoP guidance and practice promoting the participation of P

Early Daoist biography : a study of Shenxian zhuan

This dissertation is a study of Shenxian zhuan, a collection of biographical records of Daoist immortals traditionally attributed to Ge Hong who lived from the end of the third to the middle of the fourth centuries C.E. The Introduction seeks to define the term shenxian and discusses ideas concerning immortality in texts of the Eastern Han and Sanguo periods. It analyses the categories into which Shenxian zhuan was placed in early bibliographies and shows that it was first regarded as a text from a branch of history. Finally, evidence is adduced to show that in all likelihood the biographies derive from commemorative records of noteworthy local religious figures. Chapter two discusses the textual status of Shenxian zhuan and the authorship of Ge Hong. It concludes that while there is evidence that Ge did compile a work of this name, it is clear that all modern versions of the text are recompilations of the Song or later. Thus, an original text is not completely recoverable. It is also argued that the Shenxian zhuan of this period probably contained about twice as many biographies as the modern recompiled versions. The third chapter analyses the ideas that concern immortality contained in the biographies. It focusses on three major questions. What qualifications were necessary, if any, to become an immortal? How did one become an immortal? What special powers did immortals possess? The examination of these issues demonstrates that while there was a degree of broad agreement on major concepts, the biographies display a large measure of variation on points of detail. Chapter four examines the narrative and structural features of the biographies and focusses on how they fit into the Chinese biographical tradition. This discussion, like that relating to ideas of immortality, shows that the biographies are characterized by heterogeneity. The narrative and symbolic structures of several biographies are analysed to show how they function. The fifth chapter discusses the problem of biographical records in other sources of the same period of figures who appear in Shenxian zhuan. The appeal to historical accuracy of the Shenxian zhuan biographies, the different generic constraints of biographies in the official histories, records in secular collections of worthies and in records of marvels and types of editorial intervention are examined. Finally, it discusses the way some of the biographies may act as a critique of official records. The thesis concludes with a short discussion of the later development of the Daoist biographical tradition and later careers and cults of some of the figures celebrated in Shenxian zhuan

Clinical effectiveness of the START (STrAtegies for RelaTives) psychological intervention for family carers and the effects on the cost of care for people with dementia: 6-year follow-up of a randomised controlled trial

Background: The START (STrAtegies for RelaTives) intervention reduced depressive and anxiety symptoms of family carers of relatives with dementia at home over 2 years and was cost-effective. Aims:To assess the clinical effectiveness over 6 years and the impact on costs and care home admission. Method: We conducted a randomised, parallel group, superiority trial recruiting from 4 November 2009 to 8 June 2011 with 6-year follow-up (trial registration: ISCTRN 70017938). A total of 260 self-identified family carers of people with dementia were randomised 2:1 to START, an eight-session manual-based coping intervention delivered by supervised psychology graduates, or to treatment as usual (TAU). The primary outcome was affective symptoms (Hospital Anxiety and Depression Scale, total score (HADS-T)). Secondary outcomes included patient and carer service costs and care home admission. Results: In total, 222 (85.4%) of 173 carers randomised to START and 87 to TAU were included in the 6-year clinical efficacy analysis. Over 72 months, compared with TAU, the intervention group had improved scores on HADS-T (adjusted mean difference −2.00 points, 95% CI −3.38 to −0.63). Patient-related costs (START versus TAU, respectively: median £5759 v. £16 964 in the final year; P = 0.07) and carer-related costs (median £377 v. £274 in the final year) were not significantly different between groups nor were group differences in time until care home (intensity ratio START:TAU was 0.88, 95% CI 0.58–1.35). Conclusions: START is clinically effective and this effect lasts for 6 years without increasing costs. This is the first intervention with such a long-term clinical and possible economic benefit and has potential to make a difference to individual carers

Justifying and practising effective participation in the court of protection: an empirical study

Under the Mental Capacity Act 2005 in England and Wales (MCA), the participation of persons in making decisions that affect their lives is embedded within the legislation and has also been addressed directly in Court of Protection (CoP) rules and guidelines. Nonetheless, various studies and reports have indicated a potential gap between practice on the ground and the participatory aspirations of the MCA. This article presents an analysis of semi‐structured interviews with 56 legal professionals (lawyers and retired judges) specializing in mental capacity law to examine how they envisage the substantive meaning and function of the effective participation of individuals who are found to lack decision‐making capacity (P). The study reveals deeper legal and ethical justifications behind why P's participation matters and also suggests that interpersonal barriers, relating to communicating and engaging with P, can hinder its realization in practice

One step forward and two steps back? The ‘20 Principles’ for questioning vulnerable witnesses and the lack of an evidence-based approach

It is a widely held belief that questioning vulnerable witnesses is a specialist skill. In England and Wales vulnerable witness advocacy training built around ‘20 Principles’ has been developed and is being delivered. The 20 Principles do not cite a tested theoretical framework(s) or empirical evidence in support. This paper considers whether the 20 Principles are underpinned by research evidence. It is submitted that advocacy training and the approach to questioning witnesses in the courtroom should take into account the already available research evidence. The authors make recommendations for revision of the training and for a wider review of the approach taken to the handling of witness evidence

Ancient DNA Provides New Insights into the Evolutionary History of New Zealand's Extinct Giant Eagle

Prior to human settlement 700 years ago New Zealand had no terrestrial mammals—apart from three species of bats—instead, approximately 250 avian species dominated the ecosystem. At the top of the food chain was the extinct Haast's eagle, Harpagornis moorei. H. moorei (10–15 kg; 2–3 m wingspan) was 30%–40% heavier than the largest extant eagle (the harpy eagle, Harpia harpyja), and hunted moa up to 15 times its weight. In a dramatic example of morphological plasticity and rapid size increase, we show that the H. moorei was very closely related to one of the world's smallest extant eagles, which is one-tenth its mass. This spectacular evolutionary change illustrates the potential speed of size alteration within lineages of vertebrates, especially in island ecosystems

Unfitness to Plead. Volume 1: Report.

This has been produced along with Volume 2: Draft Legislation as a combined document Presented to Parliament pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by the House of Commons to be printed on 12 January 201