Here’s the judgment from the High Court judgment in February. You will note that the UK government is not a party to proceedings. We know that because the name of the relevant government minister (Secretary of State for Health), does not feature. judiciary.gov.uk/wp-content/upl…
Rather, boiling this down to simple concepts that even you can understand, the legal dispute is between the doctors at the hospital and Alfie’s parents as to what is in Alfie’s “best interests”.
Stop me if I’m going too quickly for you. I can add illustrations if that helps.
I won’t repeat the full medical evidence (you can read the judgment for yourself or ask a friend to help), but here is a summary of the uncontested medical conclusions.
From doctors. Not anyone in government.
Here is the relevant legal test as to what constitutes a child’s “best interests”.
Please do jump in at any time to explain how, in your medico-legal expertise, the judge and/or experienced doctors have got this wrong.
And here are the court’s (*not* the government’s) conclusions. Again, if your training as a lawyer/neurologist/paediatrician/lobotomised Trump fangirl compels you to reach to an alternative informed opinion, we’re all ears.
Now that, Liz, is the first judgment in the Family Division of the High Court. You will, I presume, have read all of the subsequent judgments as the case progressed through various layers of appeal. Here they are (helpfully collected by @davidjwood)
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Of particular interest may be the below paragraph from the Court of Appeal’s second judgment. It deals with the “legal advice” given by the Christian Legal Centre and spread across social media, which I suspect informs your opinions.
The “advice” was entirely bogus.
Other snippets from that judgment. The barrister acting for the parents submitted that the court should *not* consider Alfie’s best interests, but should subjugate them to the wishes of his parents.
The court described this as “startling”. That’s judge-speak for “batshit”.
Addressing the issue as to whether Alfie should be taken to Italy, the medical evidence was clear.
I mean it, @Liz_Wheeler. Jump in at any point if I’m getting any of this wrong. You, after all, started this by correcting me on how English law works.
You will see, and must retweet to your followers, that the decision was based *entirely* on an assessment of Alfie’s best interests.
Not on “cost of treatment”. Nothing to do with “socialised medicine” or “death panels”.
Solely what is medically best for a very sick child.
As I say @Liz_Wheeler, if you can read the judgments and explain where, medically, the experts are wrong, then you deserve a hearing.
If not, your opinion is worthless and you are monstrously self-publicising over a family’s most unimaginable tragedy.
So, to summarise:
- Government was not involved at all in the decision.
- Decision based solely on assessment of Alfie’s best interests
- Medical evidence overwhelming
- Christian fundamentalists lying about the law to exploit tragedy.
- Twitter idiots fuelling fire.
If any of that is unclear, @Liz_Wheeler, please say and I will personally write it out in crayon and have it posted to you.
Have a nice day.
SB
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As ever, the usual disclaimer applies. This is an explanation of the law. Not a defence. If that distinction is beyond you, for your own welfare turn back now.
The Mail reports that a man who raped a 13 year-old girl has been deemed “not a dangerous person” by a judge, who accordingly declined to pass an “extended sentence”. The offender instead was sentenced to a determinate (i.e. standard) sentence of 7 years.
Something that the Lucy Connolly case has illustrated - something that is well known to those who work in criminal justice but often overlooked in public debate - is the complexity and nuance in the lives and characters of people appearing before the courts.
A short 🧵👇
Public discussion is obsessed with othering “criminals”.
Bad, irredeemable, monstrous and deserving of as much punishment as the courts can give.
Mitigation is merely lawyerly excuses. They’ve done wrong, ergo they should be locked up.
This worldview is why there has been a sustained media campaign to minimise and excuse Connolly’s offending.
It’s just a “ill advised tweet”. “Hurty words” from a grieving mother. A trivial mistake. Her conviction is an establishment stitch-up.
Why might there be a delay in the details of a police investigation being made public?
Well, many reasons. None of which relate to a conspiracy or a “cover-up”.
Let’s take a quick look🧵👇
First there are the practicalities of modern investigations, particularly in serious and complex cases where the police are reviewing multiple digital devices, such as mobile phones and computers.
Sometimes a device is encrypted, or a suspect won’t give their PIN, which makes it more time-consuming for the police to access the device. If/when they do, a mobile phone “download” can contain tens if not hundreds of thousands of pages to review. This takes time.
Huw Edwards pleaded guilty to “making” 41 indecent photographs of a child.
The first point to note is that “making” is misleading - the offence was possessing them on a computer, rather than creating or recording the images. The law is grossly confusing in this area.
The thread offers a hypothetical of a person breaking a car window to rescue a child, only to find themselves charged with criminal damage and prevented by the judge from mentioning this critical circumstance to the jury.
Just like climate activists.
Only…it’s false.
If you’re sitting cosily for a law lecture (and who among us is not?), the issue arises from one of the legal defences available to criminal damage.
It is a defence if you believe the owner consented or *would have consented* had they known of the damage and its circumstances.
As the issue of compensation for miscarriages of justice is rightly in the news, it’s timely to note that in 2014, the government changed the law to make it all but impossible for people wrongly convicted and imprisoned to claim compensation.
Chris Grayling and Theresa May led the charge to deprive the wrongly convicted of compensation, changing the rules so that those people had to effectively prove their innocence - an impossible standard to meet.
The details are in Stories of The Law & How It’s Broken.
When this spiteful non-compensation scheme was challenged in the courts, the current crop of politicians - those who are now positioning themselves as champions of the wrongfully convicted - fought all the way to uphold it.