Law

A lunchtime spat has broken out over Sergeant Danny Nightingale, the SAS serviceman who was sentenced to 18 months in prison by a court martial after pleading guilty to possession of a prohibited firearm (a 9mm Glock pistol) and ammunition. Sgt Nightingale’s case has attracted wide public support. His friends and family said that the pistol, which was a ‘war gift’ from Iraqi soldiers he mentored in 2007, had not been packed by him, and added that a brain injury had made him forget that it was among his possessions. Supporters say that, owing to these facts, the sentence is unduly harsh. The government’s hand has been forced. The Defence Secretary, Philip Hammond,

It can seem surreal, almost otherworldly, to read about our judiciary these days. Just a few days ago my colleague Douglas Murray wrote about the peculiarity of imposing a custodial sentence on Matthew Woods for posting bad-taste jokes on Facebook about the abduction of April Jones. As if to confirm that the Bar is indeed trading in absurdities, another court has now sentenced Barry Thew to eight months in prison (four of which relate to a bail offence) for wearing a t-shirt on which he scrawled the crude message: ‘One less pig; perfect justice’ and ‘killacopforfun.com haha.’ It should be obvious that one need not laugh at the jokes of

You rarely hear people defending the European Court of Human Rights. It is, according to British mythology, a meddlesome beast populated by dimwit judges of dubious foreign provenance whose rulings are invariably ninnyish, ignorant and intolerable in equal measure. I prefer to think of the court as the last protector of individual rights often threatened by hostile governments. Sometimes that hostile government is our own. The court – and really this cannot be stressed often enough – offers protection from the state. Restraining government’s worst instincts is a noble calling and if our judges cannot or will not do it then praise be that the european justices are not so

Squatting in residential properties became a criminal offence today under the Legal Aid Sentencing and Punishment of Offenders Act 2012, with a penalty of 6 months’ imprisonment or a £5,000 fine. The new offence applies where a person knowingly trespasses in residential premises with the intention of living there. Potentially it could happen to any of us who own or rent a house or flat. Some people even fall prey to squatters when they simply leave the country for an annual holiday. Justice minister Crispin Blunt told parliament that the new law ‘will bring relief to those whose lives are blighted by having their homes occupied.’ This comment demonstrates two fundamental

The acquittal of PC Simon Harwood on Thursday for the manslaughter of Ian Tomlinson provoked a strong reaction in the press. Leading the charge, the Daily Mail’s headline summed up the mood: ‘Freed, the ‘thug in police uniform’: what jury weren’t told about the PC cleared of G20 killing.’ The criticism was aimed at not only Simon Harwood, but also the Metropolitan police for re-employing the officer with a string of complaints against him, and the court for not allowing evidence of his disciplinary record to go before the jury, the insinuation being that there must be something wrong with a trial process that keeps the jury in the dark about

Like the French Revolution it remains much too soon to say what the consequences of the United States Supreme Court’s decision to uphold Obamacare will be. Except this: defeat would surely have been a catastrophe for Mr Obama. The more one considers John Roberts’ pivotal argument, however, the more it seems as cunning as it is undoubtedly neat. There is something for everyone in his judgement and something for everyone to fear too. Roberts, who appears to have changed his mind, produced an elegant solution: the federal government lacks the power to force citizens to purchase health insurance but it may tax them if they don’t. So Obamacare survives and