Law Society Legal News Summary 22 August 2024


Operation Early Dawn 

LawCareers.Net, Cheshire Live and Yahoo! News cover the Law Society’s reaction to Operation Early Dawn, as the emergency measure is activated to mitigate the prison overcrowding crisis.

Law Society president Nick Emmerson said: “The emergency in our prisons illustrates the consequences of the long-term neglect of the criminal justice system.

“The prisons crisis is just one of many connected problems in the criminal justice system following decades of underfunding and cuts. We have seen growing backlogs in the Magistrates and Crown Courts, a shortage of lawyers, judges and court staff and a crumbling court estate. Probation services are still on their knees. 

“Government is having to take difficult steps to deal with the crisis it inherited, such as reactivating Operation Early Dawn, which will impact victims, defendants and those working in the system including solicitors.

“In the longer-term, sustained investment is needed across the criminal justice system in order to avoid it collapsing completely.”

Chair of the Law Society’s criminal law committee, Stuart Nolan, is featured in Madras Tribune, where he spoke about prison capacity and how long those charged with crimes will be held in a police cell under Operation Early Dawn. 

Stuart is also featured in Archyworldys, where he spoke about the acute crisis in the prison system.

Unlawful detentions

Independent, Yahoo News!, MSN and a few other outlets cover the Law Society’s reaction to reports of potential unlawful detentions as a result of Operation Early Dawn.

President Nick Emmerson said: “Using police cells for post-hearing detention if the court remands someone in custody could be a better option to reduce the risk of unlawful detention.”

Client money

Daily Mail and Legal Futures report on solicitors’ responsibility over their clients’ money, as new findings show that firms could make money in interest on clients’ money. 

A Law Society spokesperson said: “Solicitors are held to the highest of professional standards and are required to safeguard money and assets entrusted to them by clients. 

“The Solicitors Regulation Authority requires law firms to account to clients for a fair amount of interest on money held depending on arrangements made with clients and they must provide enough information for clients to make informed decisions.”
 

TA6 property information form 

Negotiator reports that the Law Society has launched a consultation on updates to the TA6 property information form. 

Chief executive officer Ian Jeffery said: “We want to understand users’ experience and views of the TA6 form and its part in the wider conveyancing landscape, and to identify improvements to the form”
 

Anti-Monday Laundering 

Today’s Conveyancer mentions the Law Society’s guidance on Anti-Monday Laundering (AML) training in a piece about navigating the SRA’s AML questionnaire.
 

Powers of intervention 

Gazette covers a case involving the Law Society’s powers of intervention (Anal Sheikh v The Law Society of England and Wales & Ors case), as a High Court judge tells a former solicitor to accept the Law Society’s decision-making.
 

Also worth a read: 

  • Post Office warned of Horizon faults as it pursued postmasters in court – FT (£)
  • Post Office paid £250m to law firms over the Horizon IT scandal - Guardian, Times (£)
  • Police fear prison overcrowding could limit ability to make arrests - Telegraph (£)
  • Fears probation officers will not be able to properly monitor prisoners released early – Telegraph (£)
  • Report finds that HMP Wandsworth living conditions are ‘inhumane’ - Guardian
  • A man has been arrested in Pakistan for spreading UK riot misinformation - BBC
  • Home Office goal of deporting over 14,000 undocumented migrants -  Times (£)
  • Charity accuses Labour govt of reheating old migration messaging - Standard
  • Rape cases held up as investigators are diverted to football policing - BBC
  • Ministry of Justice refused to repay living costs to wrongly convicted partly to save money - Guardian
  • Regulators consider holding lawyers accountable for taking advantage of litigants in person - Legal Futures
  • Unions push for UK public sector ‘pay restoration’ – FT (£)
  • Proportion of women lawyers decreases on the pipeline from qualifying to becoming judges – Legal Futures

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