centre for the study of legal professional practice€¦ · • legal ethics forum • legal...

Centre for the Study of Legal Professional Practice

Academic excellence for business and the professions

www.city.ac.uk/law

1www.city.ac.uk/law

Contents

Centre for the Study of Legal Professional Practice 3

Advocacy Forum 5

Alternative Dispute Resolution Forum 6

Civil Litigation Forum 7

Criminal Litigation Forum 8

Evidence and Proof Forum 9

Legal Ethics Forum 10

CSLPP Activities in 2013-14 11

2 The City Law School Centre for the Study of Legal Professional Practice.

3www.city.ac.uk/law

Centre for the Study of Legal Professional Practice (CSLPP)

The Centre for the Study of Legal Professional Practice (CSLPP) supports the strong development of the legal profession and legal professional practice through research and writing that is well regarded by the profession.

The Centre builds on existing expertise in designing and delivering legal professional education for barristers and solicitors as well as the existing work and reputations of a range of staff..

This Centre has developed from the role of City Law School in providing a full range of high quality legal education and training within the context of a growing, research active Law School. The purpose is to enable academic researchers, professionally focused authors, legal practitioners and others to share expertise, and to be able to do so in London, one of the most important legal centres in the world. We believe that enabling practitioners and legal academics to work more closely together can provide substantial benefits, especially at a time of great

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change and development in legal practice. The Centre focuses on key areas of school expertise through the following groups:

•AdvocacyForum

•AlternativeDisputeResolutionForum

•CivilLitigationForum

•CriminalLitigationForum

•EvidenceandProofForum

•LegalEthicsForum

•LegalEducationForum(proposedfor 2014-15)

The aim of the Centre is to promote the use of high quality academic work to support development and standards in legal professional practice and training. This is done through professionally focused research and writing, and through a range of seminars, lectures and other activities in which practitioners and academics can share views on legal professional practice. Some events are arranged for specific groups, but wherever appropriate events are open to City Law School staff and students, and some events are open to the public.

Many aspects of legal professional practicearechanging.Atatimeofsubstantial evolution in processes, structures and funding, we seek to ensure that change is properly informed by research and analysis. The Centre supports this not only through the work of staff but by helping to build networks of those with relevant expertise and interests. We also support the growth of expertise in relation to the development of legal professional practicethroughrecruitingPhDstudents, and offering professionally focused LLM programmes.

BaronessHaleofRichmondofficiallyopened The City Law School’s Centre fortheStudyofLegalProfessionalPracticeonFriday12thJuly2013.Lady Hale, the first female judge in the Supreme Court of the United Kingdom, joined City academics, alumni, students and members of the profession for the event at Gray’s Inn Place.

Baroness Hale gave an inspiring and amusing speech about the potential value of academic research to judges. She balanced the potential value of research against the possible problems of using it, noting how the process of research and authorship is different from that of judicial decision making. Baroness Hale explained how academic authorities and research outcomes are now referred to in court more than was the case in the past to add weight to argument, and several cases were cited where this has happened. In conclusion, the Baroness noted that because the function of judges is different from that of academic lawyers, it is important that research used in court be used appropriately.

In its first full year a full range of activities have been carried out under theumbrellaoftheCSLPP,frominternational conferences to small scale seminars. This is a pattern we will continue each year.

Fordetailsseehttp://www.city.ac.uk/law/research/centre-for-the-study-of-legal-professional-practice.


CSLPP

What are the Centre’s key objectives?The advancement of scholarship relevant to legal professional practice.

Achievedthrough:

• runningaForumineachofthemain areas covered by the Centre

•scholarshipresultinginthewritingof books, articles and reports of acknowledged value to the legal profession

•runningseminarsandconferencesthat bring together practitioners, academics and other experts to address issues related to legal practice

The advancement of research relevant to legal professional practice

Achievedthrough:

• researchintoareasrelatedtoprofessional practice, including socio-legal research

•developingabodyofPhDstudentsstudying areas related to legal professional practice

•providingsupportforstaffscholarship, research and writing

The support of excellence in education relevant to the legal profession

Achievedthrough:

•developingaProfessionalPhD

• furtherdevelopmentofoursuiteof professionally focused Master’s programmes and associate research

What areas are covered by the centre? Advocacy ForumBased around the expertise and writing of a range of staff in relation to advocacy skills, including the legal storytellingworkofRobertMcPeake.

Alternative Dispute Resolution ForumFocussedontheworkofSusanBlake,JulieBrowne,andProfessorStuart Sime – the joint authors of The JacksonADRHandbookpublishedbyOxfordUniversityPressinApril2013,andofAPracticalApproachtoAlternativeDisputeResolution,publishedbyOxfordUniversityPress.

Civil Litigation ForumFoundedupontheworkofProfessorStuartSime,JulieBrowne,LisaLaurenti and Susan Blake – authors of major sections of Blackstone’s CivilPracticeandotherworksinthearea, such as Blackstone’s Guide to theCivilJusticeReforms2013,bothpublishedbyOxfordUniversityPress.

Criminal Litigation ForumBased round the specialisms and writingofRobertMcPeake,andotherstaff, and linked to our LLM Criminal Litigation.

Evidence and Proof Forum Operating for three years and based ontheworkofProfessorAdrianKeane,author(withPaulMcKeown)ofTheModernLawofEvidencepublished by Oxford University PressandProfessorAndrewChoo,authorofEvidenceandofarangeofmonographs published by Oxford UniversityPress.

Legal Ethics ForumThis is based round the long-standing workofProfessorNigelDuncan,andofProfessorAndyBoon,whichincludes for example work with theInternationalLegalEthicsAssociation.

To keep up to date with forum news and upcoming projects and activities visithttp://www.city.ac.uk/law/research/centre-for-the-study-of-legal-professional-practice.

What Masters Programmes are associated with the Centre?-LLMinCivilLitigationandDispute

Resolution

- LLM in Criminal Litigation

Anticipatedadditionsfrom2015:

-LLMDisputeResolution

-LLMProfessionalAdvocacy

5www.city.ac.uk/law

Advocacy Forum

The aim of the Advocacy Forum is to increase knowledge and understanding of all aspects of advocacy, both academically and professionally. It will do this through research scholarship and education in the field of advocacy, in its broadest sense, and within both criminal and civil jurisdictions. Naturally, we look to develop our existing relationships with legal professionals and academics in the area of advocacy, and we support the development of advocacy-related activities at both PhD and LLM level..

What areas are covered by this Forum?Advocacyincludessuchsubjectsascase preparation and analysis, and the uses of forensic science. We seek to examine advocacy in its many and varied contexts, including pre-trial, trial and post-trial advocacy, the ways that judges, magistrates and jurors ‘use’ the evidence that is presented to them, and decision-makingprocesses.Advocacyalsoincludes the use and development of specific techniques, such as witness handling, including expert and vulnerable witnesses. We see it as important to incorporate insights from cognate disciplines that have a bearing on advocacy, including, for example, psychology and criminology, as well as the developing field of legal storytelling.

RobertMcPeakeistheConvenoroftheAdvocacyForumandteachesadvocacy at postgraduate level on the LLM in Criminal Litigation and on the BarProfessionalTrainingCourse.

What Masters Programmes are associated with the Forum?•LLMinCriminalLitigation

•LLMCivilLitigationandDisputeResolution

Previous Events include:

A Lecture on Voice Coaching – October 2013Speaking in conferences and the courtroom? How does your voice work and how does it affect your listeners?

DeliveredbyDebbieChatting,(MAVoiceStudies)trainedattheRoyalCentralSchoolofSpeechandDramaand who specialises in Voice for theLawyer.Exploringtone,pitch,resonance and clarity, this was an introduction to how to look after and optimise your most important communicating device - your voice.

4th Applied Legal Storytelling Conference – July 2013This popular conference series fosters innovative collaboration and invigorating dialogue about the use of story across the spectrum of lawyering skills. It brings together academics and practitioners from a range of jurisdictions who examine the ways in which storytelling can inform case analysis, advocacy, the use of evidence and so on. The 4th conference included over 50 papers andpresentations.Fordetailssee:http://www.city.ac.uk/applied-legal-storytelling-conference/conference-programme.

Formoreinformationandfutureeventssee:http://www.city.ac.uk/law/research/centre-for-the-study-of-legal-professional-practice/advocacy-forum

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Alternative Dispute Resolution Forum

The aim of the Alternative Dispute Resolution Forum is the advancement of research, scholarship and education in the fields of negotiation, mediation and arbitration, both within England and Wales and internationally. In doing this, we seek to develop relationships with legal professionals and academics with interests in this area, while also supporting the development of related PhD and LLM activity.

What areas are covered by this Forum?AlternativeDisputeResolution(ADR)is currently an area of substantial growing importance in many legal jurisdictions. The use of arbitration is well established, but there are a number of issues to be addressed in ensuring that the process is as efficient and effective as it might be. Increase in the use of mediation is being driven by a variety of factors, including the desire for quicker, more private and more cost effective ways to resolve civil disputes. While this is in many ways to be welcomed, it brings with it significant questions, for example potential oversight of practice, transparency and the development of precedent. Both government policy and civil court rulesarepromotingtheuseofADRinEnglandandWales,anditofferspotential benefits to those involved in a civil dispute. It is important that developmentsintheuseofADRbesoundly based, and that progress continues in identifying appropriate ways to address disputes in cost and time efficient ways.

Susan Blake is the Convenor of theAlternativeDisputeResolutionForum.SusanisalsotheCourseDirectorfortheLLMCivilLitigationandDisputeResolutionandteachesontheBarProfessionalTrainingCourse. Susan is an author of The JacksonADRHandbook(2013),APracticalApproachtoAlternativeDisputeResolution(3rdedition2014),andAPracticalApproachtoEffectiveLitigation(8thedition2014)

What Masters Programmes are associated with the Forum?•LLMCivilLitigationandDispute

Resolution


Training as an Arbitrator – December 2013AtalkbyTheCharteredInstitute ofArbitrators,

This talk discussed the process and stages of training as an arbitrator. With the growth of the use of AlternativeDisputeResolutionthisis a route followed by a number of barristers and solicitors as a way to provide further services to clients. Evenifonedoesnotworkasanarbitrator, the training can provide substantial insight for appearing as a lawyer in an arbitration case. The talk also covered events held at the Institute, which is in Bloomsbury Square.Seehttp://www.ciarb.org/

The Jackson ADR Handbook Book Launch – May 2013The launch featured a key note speechbytheRightHonourableLordDyson,MasteroftheRolls

Formoreinformationandfutureeventssee:http://www.city.ac.uk/law/research/centre-for-the-study-of-legal-professional-practice/alternative-dispute-resolution

7www.city.ac.uk/law

Civil Litigation Forum

The overall purpose of the Civil Litigation Forum is to support and advance research in all aspects of civil justice, while at the same time expanding education in this field. It is intended to provide a focus for debate and law reform in the field of civil procedure, to provide information and commentary on developing areas of procedure, and the exchange of ideas among practitioners and academics. The Forum includes a focus on current issues and proposed developments, such as the implications of implementation of changes arising from the Review of Costs carried out by Sir Rupert Jackson.

What areas are covered by this Forum?Civil Litigation describes the procedures and practices used by the courts and litigants to resolve civil legal disputes. With over 1.5 million county court and over 50,000 Queen’s BenchandChanceryDivisionclaimsbeingissuedeachyearinEnglandand Wales, litigation is a major contributor to the UK economy. Civil litigation covers pre-action conduct, as well as the processes used from commencing proceedings through to the determination of the case at trial.Pre-actionremedies,andcourtorders made in support of other dispute resolution processes, such as mediation and arbitration, are included.Appeals,enforcementandcosts are also important areas, with most of the recent law reforms in this area aimed at ensuring litigation can be pursued at proportionate cost.

ProfessorStuartSimeistheconvenoroftheCivilLitigationForum.Heteachescivillitigation,ADR,advocacy, drafting, opinion writing, company law and commercial law. HealsodesignsanddeliversCPDcourses on civil litigation, evidence and procedure for solicitors. Since January2006hehasbeenCourseDirectorforwhatisnowtheBarProfessionalTrainingCourse.Stuartis the author of a range of works includingBlackstone’sCivilPractice2014,APracticalApproachtoCivilProcedure(17thedition2014),TheJacksonADRhandbook(2013)andAPracticalApproachtoAlternativeDisputeResolution(3rdedition2014),all published by Oxford University Press.

What Masters Programmes are associated with the Forum?•LLMCivilLitigationandDispute

Resolution


Opinion Writing: What clients want… and what they don’t – October 2013Lecture led by Michael Lerego QC (FormerHeadofFountainCourtChambersandRecorderintheCrown&CountyCourt)October2013

The talk discussed what lay clients and professional clients expect from their barrister’s advice, how that advice should be presented on law and fact, and what the advice should not contain.

Litigation in the USA – current issues and international comparisons – November 2013AseminarledbyProfessorJayTidmarsh of the University of NotreDame,

ProfessorTidmarshhassignificantexpertise and a significant research profileinthisarea,seehttps://law.nd.edu/directory/jay-tidmarsh/. This seminar was offered in conjunction with the LLM Civil LitigationandDisputeResolution,but attracted interest from all staff and students interested in the civil litigation process and issues facing legal practitioners, especially in large cases.

Formoreinformationandfutureeventssee:http://www.city.ac.uk/law/research/centre-for-the-study-of-legal-professional-practice/civil-litigation-forum

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Criminal Litigation Forum

The objective of the Criminal Litigation Forum is to facilitate a wider and deeper understanding of criminal procedure and sentencing, and to contribute to discussions on the future development of criminal justice systems, particularly that of England and Wales. We look to expand our existing relationships with legal professionals and academics in the area of criminal procedure and sentencing whilst also supporting the development of PhD and LLM activities in these fields.

What areas are covered by this Forum?Criminal Litigation covers the criminal process from investigation to charge, onto trial and finally sentencing and appeals. It looks at both matters of professional concern within the criminal justice system and proposals for change. It aims to produce and facilitate research which can make a significant contribution to future developments.

RobertMcPeakeistheConvenoroftheCriminalLitigationForum.HeisalsotheProgrammeDirectoroftheLLM Criminal Litigation, and teaches ontheBarProfessionalTrainingProgramme.

What Masters Programmes are associated with the Forum?The LLM in Criminal Litigation was the first postgraduate degree course in the UK to be devoted exclusively to criminal litigation. It concentrates on the principles that lie behind the criminal justice system and the need to place those principles in a critical and comparative context. Formoreinfoseehttp://www.city.ac.uk/courses/postgraduate/criminal-litigation


Forensic Expert Witness – fact or opinion? – December 2013

AtalkheldbyKerriAllen(BSc,MSc,MFSSoc)ForensicContextLtd

The commercialisation of forensic science provision has changed the face of forensic science in the UK. With fragmentation of services and the driving force being cost, is the forensic scientist’s role being reduced to that of a witness of fact rather than opinion?

Formoreinformationandfutureeventssee:http://www.city.ac.uk/law/research/centre-for-the-study-of-legal-professional-practice/criminal-litigation-forum

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ice.Evidence and Proof Forum

The Evidence and Proof Forum was founded with the intention of promoting research, scholarship and education in the fields of Evidence and Proof within both criminal and civil jurisdictions. The Forum works in cooperation with professional and academic lawyers as well as those from relevant non-legal disciplines. It also supports the development of PhD and LLM activity relating to Evidence and Proof.

EvidenceandProofcoverssuchsubjects as the process of proof, accuracy in fact-determination, probability theory, adversarial, inquisitorial and alternative dispute resolution processes, pre-trial, trial and post-trial procedure, advocacy, the roles of judges, magistrates, jurors and witnesses, including ex pert witnesses, and the use of ‘special advocates’ in relation to secret evidence. It also covers non-legal disciplines that have a bearing onEvidenceandProof,including, for example, psychology and the forensic sciences.

ProfessorAdrianKeaneistheconvenoroftheEvidenceandProofForum.HeteachesEvidenceatbothundergraduate and postgraduate level,andAdvocacyontheBarProfessionalTrainingCourse.


The Inadvertent Bias of the Expert –November 2013 (2CPDHours)AlectureledbyDrItielDror(UCL),ProfessorJenniferTemkin&PatrickFields(Recorderofthe Crown Court)

This event concerned the ground-breaking research into inadvertent bias on the part of expert witnesses deriving from the nature of human cognition. It also explored ways of minimising such bias by not disclosing to experts irrelevant information that can influence their perception and opinion.

Street Identifications: Reliability & Effect – January 2014(2CPDHours)AlectureledbyAndrewRoberts(Law,UniversityofMelbourne)&DrJoshDavies(Psychology,Universityof Greenwich),

Speakers considered research findings relating to street identifications and subsequent VideoIdentificationProcedures,andexplored whether it is time to rethink the approach being taken.

Towatchtheevent,pleaseseehttp://echo360.city.ac.uk:8080/ess/echo/presentation/a13677d8-6801-4f96-b928-e5da4abf8bcc

Formoreinformationandfutureeventssee:http://www.city.ac.uk/law/research/centre-for-the-study-of-legal-professional-practice/evidence-and-justice-forum

10 The City Law School Centre for the Study of Legal Professional Practice

Legal Ethics Forum

The objective of the Legal Ethics Forum is the development of research and learning in the field of legal ethics, with particular emphasis on professional ethics across all jurisdictions. In particular we seek to improve communication and understanding between academics, professionals and professional regulators both within the UK and internationally.

What areas are covered by this Forum?OurapproachtoLegalEthicsaddresses the study of the relationship between morality and Law, the values underpinning the legal system, and the regulation of the legal services market, including the institutions, professional roles and ethics of the judiciary and legal professions. It includes the education, training and continuing professional development of those providing legal services, addressing our understanding of the development of professionalism and professional conduct and how educators may contribute to this endeavour. The approach of our forum will include empirical analysis, socio-legal and cultural analyses, jurisprudence and pedagogy. The significance of this area of study and activity lies in its key contribution to understanding lawyers’ roles in the drafting of legislation, transactional commercial activities, the resolution of disputes, the criminal justice system, the protection of human rights and the ‘personal plight’ sphere.

TheConvenorsoftheLegalEthicsForumareProfessorAndrewBoon&ProfessorNigelDuncan.

ProfessorAndrewBoonjoinedThe City Law School in September 2012. Before coming to City he was DeanoftheSchoolofLawattheUniversity of Westminster, London. He was recently consultant to theLawSocietyofEnglandandWales on introducing legal ethics to the compulsory curriculum for undergraduates and to the Solicitors RegulationAuthorityonthemandatory scheme for continuing professional development.

NigelisProfessorofLegalEducationandteachesontheBPTCandistheCourseDirectoroftheProfessionalLegal Skills LLM.

Recent Projects & Activities

Teaching Legal Ethics UK Workshop – Saturday 22nd March 2014 One of a series of interactive workshops addressing the pedagogy oflegalethics.Presentersincluded:DonaldNicolson,PhilDrake,StuartToddington,KerenBright,NigelDuncan.

Presentersinclude:DonaldNicolson,PhilDrake,StuartToddington,KerenBright,NigelDuncan

JointWorkshop:

National Institute for Teaching Ethics and Professionalism, with Teaching Legal Ethics UK – 8th-10th July 2014

The workshop considered a range of current issues in relation to teach ethics and professionalism.

6th International Legal Ethics Conference – 10th-12th July 2014.

The City Law School in association withtheInternationalAssociationofLegalEthicshostedthe6thInternationalLegalEthicsConference.Seehttp://www.city.ac.uk/international-legal-ethics-conference

Formoreinformationandfutureeventssee:http://www.city.ac.uk/law/research/centre-for-the-study-of-legal-professional-practice/professional-ethics-forum

11www.city.ac.uk/law

CSLPP Activities in 2013-14

22nd-24thJuly2013

Thursday 17thOctober2013

Wednesday 23rdOctober2013

Wednesday 20thNovember2013

Thursday 28thNovember2013 Thursday 5thDecember2013

Tuesday 10thDecember2013

Wednesday 15thJanuary2014

4thAppliedLegalStorytelling Conference

Opinion Writing: What clients want, and what they don’t

Voice Coaching

The Inadvertent BiasoftheExpert

Current issues in litigationintheUSA

Training as an arbitrator

ForensicWitness:fact or opinion?

Street Identifications: ReliabilityandEffec

Academicsandpractitioners from a range of jurisdictions

Michael Lerego QC

DebbieChatting (MAVoiceStudies)TrainedattheRoyalCentral School of SpeechandDramaandspecialises in coaching for film and theatre, and Voice for the Lawyer.

DrItielDror,UniversityCollege London

ProfessorTidmarsh,UniversityofNotreDame

Chartered Institute of Arbitrators

KerriAllen

AndrewRoberts,University of Mebourne DrJoshDavis,University of Greenwich

This conference series fosters innovative collaboration and invigorating dialogue about the use of story across the spectrum of lawyering skills. The conference brings together academics, judges, and practitioners to explore the role of narrative in legal practice and to discuss curricular strategies that will prepare students to use story and narrative as they enter the practice of law. Over 50 papers and presentations were included. http://www.city.ac.uk/applied-legal-storytelling-conference/conference-programme

Michael discussed what lay and professional clients expect from their barrister’s advice, how that advice should be presented on law and fact, and what the advice should not contain.

Debbiecoveredspeakinginconferencesandthecourtroom. How does the voice work, and how does it affect your listeners? The best advocate needs to understand and use the voice effectively to engage and persuade their audience. Tone, pitch, resonance and clarity are all important.

AlecturebyDrItielDror,withrepliesfromProfessorJenniferTemkinandPatrickFields,RecorderoftheCrownCourtchairedbyProfessorAdrianKeane(2CPDHours)

ProfessorTidmarshhasasignificantresearchprofilein this area. He discussed the civil litigation process and issues facing legal practitioners, especially in large cases.

This talk provided a guide through the process and stages of training as an arbitrator. Work as an arbitrator, and insight into how arbitration works, are important withthegrowthoftheuseofAlternativeDisputeResolution.

The commercialisation of forensic science provision has changed the face of forensic science in the UK. With fragmentation of services and the driving force being cost, is the forensic scientist’s role being reduced to that of a witness of fact rather than opinion?

The speakers considered findings relating to street identifications and subsequent Video Identification Proceduresandexploredwhetheritistimetorethinktheeffectivenessofthecurrentapproach(2CPDHours).

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Saturday 22nd March 2014

Wednesday 25thJune2014

8th-10thJuly2014

10th-12thJuly2014

Friday 11thJuly2014

Teaching Legal EthicsUKWorkshop

JudicialAccountability:FindingtheThresholds

Workshop on Teaching Legal Ethics

6thInternationalLegalEthicsConference - Legal EthicsatatimeofRegulatoryChange

Sentencing: Academic&PractitionerPerspectives

Presentersincluded:DonaldNicolson,PhilDrake,StuartToddington, Keren Bright,NigelDuncan,GrahamFerris,RobertHerian,AnnThanaraj,Lisa Webley

Suzanne Le Mire, UniversityofAdelaide

NationalInstituteforTeachingEthicsandProfessionalismandTeachingLegalEthicsUK

City Law School and the International AssociationofLegalEthics

Sentencing Council of EnglandandWales

WorkshoponRespondingtotheLegalEducationandTrainingReview.Thisday-longworkshopispartofaseriesorganisedbyTeachingLegalEthicsUK.Itencouraged debate about the most effective ways in whichwemightrespondtorecommendations6and7oftheLegalEducationandTrainingReview. The need for an appropriate judicial complaints system isbothtopicalandimportant.Despitetheimportanceof handling judicial misconduct in fair, balance and measured ways there is little published scholarly work on judicial accountability systems across the common law world, and very little empirical work. This paper explored the problem of judicial misconduct and examined how a system for addressing judicial complaints should identify and respond to misconduct without threatening judicial independence and public confidence.

Aprogrammeofeventsreviewedcurrentapproachesandissues in relation to the teaching of legal ethics.

The sixth bi-annual conference of the International LegalEthicsAssociationtookplaceatacriticaltimeinthe evolution of legal ethics. The conference was built around short, paper presentations organised in streams:1. Culture,Technology,EthicsandSociety2. EmpiricalApproachestoLegalEthics3. PhilosophyandLegalEthics4. RegulationoftheProfession(s)5. EthicsandLegalEducation.

http://www.city.ac.uk/events/2014/jul/international-legal-ethics-conference-vi-legal-ethics-at-a-time-of-regulatory-change

This seminar included discussion by PeterHungerford-Welch(CityLawSchool),JulianRoberts(UniversityofOxford).LordJusticeColman,Treacy,ChairSentencingCouncil.JohnCrawfoth,SentencingCouncil.Michael Caplan, Q.C. NicolaPadfield,UniversityofCambridge.MarkAshford,TVEdwards.ShonaGrundy,ChambersofJohnCoffeyQC.AndrewAshworth,UniversityofOxford.JoCooper,PerrenBuildings&KatharineRainsford,SentencingCouncil.

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