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  • Green and Galley: sub judice does not prevent debate

    Carl Gardner
    December 2, 2008

    The Speaker and the Leader of the House will no doubt be under pressure to allow a debate on the Damian Green/Christopher Galley leakgate affair after Parliament opens tomorrow – and so they should, as early as possible, and allowing […]

    Tags: damian green, parliament
  • Misconduct in public office: is corruption required?

    Carl Gardner
    December 2, 2008

    Sam Coates at Red Box has apparently been given differing views about how bad misconduct has to be in order to count for the purposes of the criminal offence of misconduct in a public office.

    Lawyers […]

    Tags: crime, damian green, government, human rights, parliament
  • Joshua Rozenberg: charges now unlikely

    Carl Gardner
    December 1, 2008

    Joshua Rozenberg thinks Christopher Galley’s press conferences means charges against him or Damian Green are unlikely – I hope he’s proved right. It’s quite correct of course that CPS lawyers would need to conclude a prosecution was in the […]

    Tags: crime, damian green, government, human rights, parliament
  • Bindmans statement about Christopher Galley

    Carl Gardner
    December 1, 2008

    Here’s the full statement released today by Bindmans solicitors about their client, Christopher Galley – the Home Office civil servant who (the statement admits) passed on information to Damian Green MP. The statement makes clear that Mr. Galley believes […]

    Tags: crime, damian green, government, human rights, parliament, police
  • Damian Green: missing the point

    Carl Gardner
    December 1, 2008

    I’m concerned that press and political comment on the Damian Green affair is ignoring the situation of the civil servant who’s also been arrested – and thereby missing the really important point behind all this.

    It’s morally inconsistent and […]

    Tags: crime, damian green, government, human rights, parliament, police
  • Justifying misconduct in public office

    Carl Gardner
    November 29, 2008

    A particularly interest aspect of the law relating to the Damian Green case came out in my discussion with Charon QC earlier. You’ll remember that he was arrested on suspicion of conspiracy to commit misconduct in public […]

    Tags: crime, damian green, government, parliament, police, secrecy
  • Charon Podcast: Damian Green’s arrest

    Carl Gardner
    November 29, 2008

    Charon QC interviewed me this morning about the Damian Green arrest: we discussed what offences he’s suspected of, ministers’ denial of prior knowledge of the arrest, the Parliamentary privilege aspect and the role of the Speaker, and wider issues […]

    Tags: charon qc, damian green, government, human rights, parliament, podcasts, secrecy
  • More thoughts on Damian Green

    Carl Gardner
    November 28, 2008

    I’m glad Damian Green has been released on bail: this affair is quite worrying, and David Cameron is entitled to be angry and ask questions, I think. Home Office ministers in particular need to explain what if anything they […]

    Tags: crime, government, human rights, parliament, police
  • Damian Green arrested

    Carl Gardner
    November 28, 2008

    Astonishing news: the Tory immigration spokesman Damian Green has been arrested on suspicion of conspiring to commit misconduct in a public office – a doubly vague and, to policemen, useful charge, based as it is on a conspiracy to […]

    Tags: civil service, crime, human rights, parliament, police
  • Lords judgment: Kay v Metropolitan Police

    Carl Gardner
    November 27, 2008

    The other Lords judgment yesterday came in this interesting case about section 11 of the Public Order Act 1986, and whether Critical Mass is a procession requiring to be notified to the police, or is exempt under […]

    Tags: environment, house of lords, human rights, judicial review, police, public law
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