The Law Show

The law is having to deal with new challenges due to climate change. Is it a human right to be protected from global warming? Do the 46 member states of the Council of Europe have to reduce carbon emissions faster to protect their citizens' right to life? The European Court of Human Rights in Strasbourg has been asked to rule on these questions. We hear about the case of the Swiss 'Klimaseniorinnen', elderly women arguing that climate change-induced heatwaves threaten their lives. The little-known Energy Charter Treaty enables companies to sue governments for compensation for the loss of predicted profits, if signatory states reduce the value of contracts such as by banning new fossil fuel extraction projects. Could this deter countries from passing the carbon-reduction measures necessary to combat climate change? Or is the ECT a tool worth keeping, as it also protects renewable energy contracts that governments promised subsidies for?What are the ethical choices for climate-conscious lawyers when it comes to either representing fossil fuel companies, or prosecuting climate change protesters? Could, or even should, lawyers refuse to act for certain clients, or to prosecute certain defendants? What's more important: fighting global warming or ensuring access to justice for all and upholding the rule of the law as it stands? We discuss the dilemmas, and some new guidance for lawyers. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Bethan Ashmead Latham Production Coordinator: Maria Ogundele Sound Engineer: Neil Churchill Editor: Simon WattsPhoto of Swiss 'Klimaseniorinnen' activists at Strasbourg on 29.3.2023: © Greenpeace / Shervine Nafissi

Conviction rates for rape trials are lower than those for other criminal trials, and the court experience can be intrusive and harrowing for survivors. The Law Commission of England and Wales (the independent body that advises the government on law reform), has just published a new consultation paper for how to change this. Criminal law commissioner Prof Penney Lewis, and before her Independent Sexual Violence Adviser Annabelle Edwards of Rape Crisis, speak about the reforms they'd like to see. The Scottish government's Victims, Witnesses and Justice Reform (Scotland) bill also aims to improve rape trials. If passed, it would abolish the "not proven" option for acquittal, create specialist rape courts, and controversially establish the option of judge-only, non-jury trials as a pilot scheme, as it's feared rape myths might influence some jurors. Fiona Leverick, professor of Criminal Law and Criminal Justice at the University of Glasgow and Tony Lenehan KC, president of the Faculty of Advocates' Criminal Bar Association discuss the bill.The Hollywood stars and former married couple Johnny Depp and Amber Heard faced each other during two separate libel trials that asked whether or not Mr Depp physically abused Ms Heard. Depp lost the first case, against the owners of the Sun newspaper. It was heard by a judge in the High Court in London. Depp won the second case, against his ex-wife, decided by a jury in the United States. Nick Wallis is the only journalist to have covered both trials. He contrasts them in his new book "Depp v Heard, the Unheard Story".Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Bethan Ashmead Latham Sound engineer: Neil Churchill Editor: Clare Fordham Production Coordinator: Maria Ogundele

For a special edition recorded on location in Belfast, Joshua Rozenberg returns to Northern Ireland 25 years after the signing of the Good Friday Agreement, which he reported on at the time. Meeting old contacts and new, he finds out what it took to get the negotiations over the line and what legacy the ground-breaking peace deal has had. He also hears about the challenges involved in achieving justice for the murders that remain unsolved; what problems remain with paramilitaries; and the UK government's attempt to bring about reconciliation. Will its Northern Ireland Troubles (Legacy and Reconciliation) Bill help, or rub salt in old wounds? And on the legal differences between Northern Ireland and Great Britain, Joshua meets a campaigner who had to travel to England to have an abortion. As a result of an intervention by the Westminster government, terminations have since become legal (up to a point in the pregnancy), but some women still have to leave Northern Ireland to have the procedure.Guests: Denis Murray, former BBC Ireland correspondent Peter Sheridan, former senior police officer, now CEO of Cooperation Ireland Louise Mallinder, professor of law at Queen's University Belfast Naomi Connor, co-convener of Alliance for Choice Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production Coordinator: Maria Ogundele Studio Engineer: Graham Puddifoot Editor: Simon Watts

New evidence shows that if a rape case actually comes to court, then - despite popular perceptions - juries are more likely to convict than not, says Professor Cheryl Thomas of UCL. The UK’s forensic science used to be considered the gold standard, but no longer. The risk of miscarriages of justice is growing. And now a new Westminster Commission is trying to find out what went wrong. Joshua talks to its co-chair, leading forensic scientist Dr Angela Gallop CBE, and to criminal defence barrister Katy Thorne KC. The Director of Public Prosecutions Max Hill KC speaks to Joshua about all this, and about his record as the head of the Crown Prosecution Service. Max Hill also breaks the news that he will not seek a second term. From Epstein to Trump: are America’s rich and powerful above the law? The former New York prosecutor and now CNN's senior legal analyst Elie Honig argues that they are, and has just written a book about this: 'Untouchable — How powerful people get away with it'.Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Simon Watts Sound engineer: James Beard Picture credit: Nicholas Posner

There are strikes again this week, by junior doctors, and train and tube drivers. The government's Strikes (Minimum Service Levels) bill aims to require sectors like health, education and transport to provide a "minimum" of services even on strike days. It would let employers, including government departments, issue "work notices" - lists of which staff have to work on strike days. But how will they decide who should be on the "work notice"?When someone is seriously ill, they or their family are often faced with other problems, such as a sudden drop in income, or unsuitable housing. Many don't know what help they're entitled to, or how to get it. Joshua Rozenberg visits a "Health Justice Partnership", where doctors and legal advisers are located in the same building, and patients are referred to the advice team. He finds it's making a big difference to families.When a piece of Artificial Intelligence software learns about images by being fed pre-existing, copyrighted versions of images, and then goes on to produce a new image of its own, is that a breach of copyright? That's what the High Court in London will have to decide, in a case in which Getty Images - a digital picture library - is suing Stability AI, whose artificial intelligence image-generating software was trained with a very large number of images, including (but not only) Getty's. The court's decision will in effect become new law. What impact could it have on the digital, creative sector? Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Simon Watts

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