I am interested in how allegations of child abuse are tried in the criminal and civil courts, and in compensatory liability in tort and human rights law for the failure to prevent child abuse. See Laura Hoyano & Caroline Keenan, Child Abuse Law and Policy across Boundaries (OUP 2007, updated paperback edition OUP 2010, 1100 pp ISBN-13: 978-0-19-829946-2. I am currently writing a textbook with Nicholas Bamforth (Queen's College Oxford) for the Oxford University Press, tentatively entitled 'Human Rights Law and Policy in the United Kingdom'' which will be published in 2013. Phone: 44 (0) 1865 277 986 Address: Wadham College, Oxford OX1 3PN
La gouvernance juridique et fiscale des organisations La gouvernance des organisations constitue ... more La gouvernance juridique et fiscale des organisations La gouvernance des organisations constitue un thème majeur porté en permanence par l'actualité. La notion même d'organisation est l'un des objets déterminants sur lesquels droit et gestion se focalisent. Riche d'implications, l' ...
a multi-jurisdictional analysis of how allegations of child abuse are investigated and tried in c... more a multi-jurisdictional analysis of how allegations of child abuse are investigated and tried in criminal and civil courts (family, tort, human rights) courts, together with an in-depth analysis of the liability rules. Compares law in England and Wales with 75 other jurisdictions (Scotland, Canada, USA, Australia, New Zealand, South Africa).
Page 1. CASES Policing Flawed Police Investigations: Unravelling the Blanket Laura CH Hoyano* In ... more Page 1. CASES Policing Flawed Police Investigations: Unravelling the Blanket Laura CH Hoyano* In 1988, the House of Lords in Hill v Chief Constable of West Yorkshire1 struck out a claim by the mother of the twenty-first victim ...
Explains why counsel cannot expect to be dispensed by the trial judge from putting the case to a ... more Explains why counsel cannot expect to be dispensed by the trial judge from putting the case to a vulnerable witness, and how to do i
Provides an update on the use of videolinks by witnesses testifying in court, and in particular o... more Provides an update on the use of videolinks by witnesses testifying in court, and in particular on the stalled implementation of the Special Measure of Recorded Pretrial Cross-Examination under YJCEA section 28
Published in [2017] Criminal Law Review 93-105, and available on Westlaw; unfortunately we are no... more Published in [2017] Criminal Law Review 93-105, and available on Westlaw; unfortunately we are not allowed to upload the article. Abstract: Equality of arms for child and other vulnerable defendants, in particular access to the special measures routinely provided to prosecution witnesses with the same vulnerabilities, has been contentious since 1999. Much progress has been forced through court rulings concerned about such defendants’ capacity to cope with the demands of the adversarial trial. This progress appears to have been reversed by the April 2016 amending Criminal Practice Direction stating that the appointment of defendant intermediaries should be “rare” for the defendant’s testimony, and “extremely rare” for the entire trial. This article considers the legal options for challenging this retrograde step.
Comments on the judgment of the UK Supreme Court in Keyu v Secretary of State for Foreign and Com... more Comments on the judgment of the UK Supreme Court in Keyu v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69, [2015] 3 WLR 1665 refusing to order a public inquiry into an alleged massacre of Malaysian villagers by British troops in 1948
Advocates updating legislation which had last been reviewed in 1933 to reflect modern scientific ... more Advocates updating legislation which had last been reviewed in 1933 to reflect modern scientific understanding of the impact of neglect, in particular psychological neglect upon the development of children's brains
this report can be obtained from the Home Office, Information and Publications Group, Research De... more this report can be obtained from the Home Office, Information and Publications Group, Research Development and Statistics Directorate, Room 201, 50 Queen Anne's Gate, London SW1H 9AT
Title: Straining the quality of justice for children and their families in public law cases Subje... more Title: Straining the quality of justice for children and their families in public law cases Subject: CIVIL EVIDENCE - FAMILY LAW - HUMAN RIGHTS Keywords: CARE PROCEEDINGS : DELAY : EXPERT EVIDENCE : PARENTS : RIGHT TO FAIR TRIAL : RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE Publication: Family Law Fam. Law (2014) No.44 May Pages 598-601 Date: 13/5/2014 Author: Laura Hoyano (Wadham College, Oxford) Summary: Comments on how the family law reforms can undermine parents' rights under the European Convention on Human Rights 1950 art.6 to procedural fairness in care proceedings. Discusses the 26-week rule in the Family Procedure Rules 2010 and use of a single expert, arguing that delay must be permitted in complex cases which require access to expertise. Gives examples of miscarriages of justice in the family justice system. Cases: W (Children), Re (2009) EWCA Civ 59; (2009) 2 All ER 1156 (CA (Civ Div)) : W v Oldham MBC (2005) EWCA Civ 1247; (2006) 1 FLR 543 (CA (Civ Div)) SIs: The Family Procedure Rules 2010 SI 2010/2955 International Legislation: European Convention on Human Rights 1950 art.6 : European Convention on Human Rights 1950 art.8 Document No.: AL1902091
Reports on some of the results of an empirical study commissioned by the Home Office into the adm... more Reports on some of the results of an empirical study commissioned by the Home Office into the admissibility and sufficiency of the evidence collected by investigators for the purpose of prosecuting child abuse. Considers the attitudes of police interviewers to their task in interviewing young witnesses, and the difficulties they experience in endeavouring to adduce admissible evidence at trial whilst for the first time attempting to discover from the child what if anything has occurred of a criminal nature, and the identity of the alleged perpetrator. Note that this study was conducted when the Memorandum of Good Practice was in use, which was replaced from 1999 by successive editions of Achieving Best Evidence.
Critical analysis of the reasoning of the Grand Chamber of the ECtHR in the hearsay case of Al-Kh... more Critical analysis of the reasoning of the Grand Chamber of the ECtHR in the hearsay case of Al-Khuwaja v UK concerning the analytical structure of Art 6, especially the interplay between the "minimum guarantees" in Art 6(3) and the general guarantee in Art 6(1). Argues that there is no antithesis between the rights of the defendant and the public interest, contrary to the ideology of the Grand Chamber and UK courts; rather there is a commonality of interest in ensuring rectitude of adjudication based on fairly and thoroughly tested evidence. In short, the defendant's rights are at the heart of, rather than extradited from, the public interest. Considers what is left of the "preservation of the essence of the right" and "sole and decisive evidence" doctrines developed by the ECtHR to evaluate incursion into the minimum guarantees, especially the defence right to challenge prosecution evidence under Art 6(3)(d).
Criticises the long awaited, and anaemic, report of the Child Witness Review, a working group con... more Criticises the long awaited, and anaemic, report of the Child Witness Review, a working group convened within the Ministry of Justice to consider further reform of special measure directions and other reforms for handling child witnesses in court. Renews the call for implementation of section 28 of the Youth Justice and Criminal Evidence Act 1999, providing for video recorded pretrial cross examination of child witnesses and adult witnesses with cognitive impairments. This provision is likely to be implemented at last in 2015, after evaluation of pilots in three Crown Courts in 2014.
Text of a presentation to the Family Justice Council (England & Wales) in February 2014 arguing t... more Text of a presentation to the Family Justice Council (England & Wales) in February 2014 arguing that the recent family justice reforms, implementing recommendations of the Norgrove Commission, risk infringement of the common human rights of children and their families in public law proceedings under the European Convention of Human Rights Articles 6 (fair trial) and 8 (private and family life). The interests of children and their parents are common in ensuring a fair adjudication of the issues based on the best medical and social evidence available. History shows that rushed justice may lead to miscarriages of justice discovered too late to unwind adoptions and permanent care orders.
La gouvernance juridique et fiscale des organisations La gouvernance des organisations constitue ... more La gouvernance juridique et fiscale des organisations La gouvernance des organisations constitue un thème majeur porté en permanence par l'actualité. La notion même d'organisation est l'un des objets déterminants sur lesquels droit et gestion se focalisent. Riche d'implications, l' ...
a multi-jurisdictional analysis of how allegations of child abuse are investigated and tried in c... more a multi-jurisdictional analysis of how allegations of child abuse are investigated and tried in criminal and civil courts (family, tort, human rights) courts, together with an in-depth analysis of the liability rules. Compares law in England and Wales with 75 other jurisdictions (Scotland, Canada, USA, Australia, New Zealand, South Africa).
Page 1. CASES Policing Flawed Police Investigations: Unravelling the Blanket Laura CH Hoyano* In ... more Page 1. CASES Policing Flawed Police Investigations: Unravelling the Blanket Laura CH Hoyano* In 1988, the House of Lords in Hill v Chief Constable of West Yorkshire1 struck out a claim by the mother of the twenty-first victim ...
Explains why counsel cannot expect to be dispensed by the trial judge from putting the case to a ... more Explains why counsel cannot expect to be dispensed by the trial judge from putting the case to a vulnerable witness, and how to do i
Provides an update on the use of videolinks by witnesses testifying in court, and in particular o... more Provides an update on the use of videolinks by witnesses testifying in court, and in particular on the stalled implementation of the Special Measure of Recorded Pretrial Cross-Examination under YJCEA section 28
Published in [2017] Criminal Law Review 93-105, and available on Westlaw; unfortunately we are no... more Published in [2017] Criminal Law Review 93-105, and available on Westlaw; unfortunately we are not allowed to upload the article. Abstract: Equality of arms for child and other vulnerable defendants, in particular access to the special measures routinely provided to prosecution witnesses with the same vulnerabilities, has been contentious since 1999. Much progress has been forced through court rulings concerned about such defendants’ capacity to cope with the demands of the adversarial trial. This progress appears to have been reversed by the April 2016 amending Criminal Practice Direction stating that the appointment of defendant intermediaries should be “rare” for the defendant’s testimony, and “extremely rare” for the entire trial. This article considers the legal options for challenging this retrograde step.
Comments on the judgment of the UK Supreme Court in Keyu v Secretary of State for Foreign and Com... more Comments on the judgment of the UK Supreme Court in Keyu v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69, [2015] 3 WLR 1665 refusing to order a public inquiry into an alleged massacre of Malaysian villagers by British troops in 1948
Advocates updating legislation which had last been reviewed in 1933 to reflect modern scientific ... more Advocates updating legislation which had last been reviewed in 1933 to reflect modern scientific understanding of the impact of neglect, in particular psychological neglect upon the development of children's brains
this report can be obtained from the Home Office, Information and Publications Group, Research De... more this report can be obtained from the Home Office, Information and Publications Group, Research Development and Statistics Directorate, Room 201, 50 Queen Anne's Gate, London SW1H 9AT
Title: Straining the quality of justice for children and their families in public law cases Subje... more Title: Straining the quality of justice for children and their families in public law cases Subject: CIVIL EVIDENCE - FAMILY LAW - HUMAN RIGHTS Keywords: CARE PROCEEDINGS : DELAY : EXPERT EVIDENCE : PARENTS : RIGHT TO FAIR TRIAL : RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE Publication: Family Law Fam. Law (2014) No.44 May Pages 598-601 Date: 13/5/2014 Author: Laura Hoyano (Wadham College, Oxford) Summary: Comments on how the family law reforms can undermine parents' rights under the European Convention on Human Rights 1950 art.6 to procedural fairness in care proceedings. Discusses the 26-week rule in the Family Procedure Rules 2010 and use of a single expert, arguing that delay must be permitted in complex cases which require access to expertise. Gives examples of miscarriages of justice in the family justice system. Cases: W (Children), Re (2009) EWCA Civ 59; (2009) 2 All ER 1156 (CA (Civ Div)) : W v Oldham MBC (2005) EWCA Civ 1247; (2006) 1 FLR 543 (CA (Civ Div)) SIs: The Family Procedure Rules 2010 SI 2010/2955 International Legislation: European Convention on Human Rights 1950 art.6 : European Convention on Human Rights 1950 art.8 Document No.: AL1902091
Reports on some of the results of an empirical study commissioned by the Home Office into the adm... more Reports on some of the results of an empirical study commissioned by the Home Office into the admissibility and sufficiency of the evidence collected by investigators for the purpose of prosecuting child abuse. Considers the attitudes of police interviewers to their task in interviewing young witnesses, and the difficulties they experience in endeavouring to adduce admissible evidence at trial whilst for the first time attempting to discover from the child what if anything has occurred of a criminal nature, and the identity of the alleged perpetrator. Note that this study was conducted when the Memorandum of Good Practice was in use, which was replaced from 1999 by successive editions of Achieving Best Evidence.
Critical analysis of the reasoning of the Grand Chamber of the ECtHR in the hearsay case of Al-Kh... more Critical analysis of the reasoning of the Grand Chamber of the ECtHR in the hearsay case of Al-Khuwaja v UK concerning the analytical structure of Art 6, especially the interplay between the "minimum guarantees" in Art 6(3) and the general guarantee in Art 6(1). Argues that there is no antithesis between the rights of the defendant and the public interest, contrary to the ideology of the Grand Chamber and UK courts; rather there is a commonality of interest in ensuring rectitude of adjudication based on fairly and thoroughly tested evidence. In short, the defendant's rights are at the heart of, rather than extradited from, the public interest. Considers what is left of the "preservation of the essence of the right" and "sole and decisive evidence" doctrines developed by the ECtHR to evaluate incursion into the minimum guarantees, especially the defence right to challenge prosecution evidence under Art 6(3)(d).
Criticises the long awaited, and anaemic, report of the Child Witness Review, a working group con... more Criticises the long awaited, and anaemic, report of the Child Witness Review, a working group convened within the Ministry of Justice to consider further reform of special measure directions and other reforms for handling child witnesses in court. Renews the call for implementation of section 28 of the Youth Justice and Criminal Evidence Act 1999, providing for video recorded pretrial cross examination of child witnesses and adult witnesses with cognitive impairments. This provision is likely to be implemented at last in 2015, after evaluation of pilots in three Crown Courts in 2014.
Text of a presentation to the Family Justice Council (England & Wales) in February 2014 arguing t... more Text of a presentation to the Family Justice Council (England & Wales) in February 2014 arguing that the recent family justice reforms, implementing recommendations of the Norgrove Commission, risk infringement of the common human rights of children and their families in public law proceedings under the European Convention of Human Rights Articles 6 (fair trial) and 8 (private and family life). The interests of children and their parents are common in ensuring a fair adjudication of the issues based on the best medical and social evidence available. History shows that rushed justice may lead to miscarriages of justice discovered too late to unwind adoptions and permanent care orders.
Compares the reasoning in two judgments concerning wrongful conception from the House of Lords an... more Compares the reasoning in two judgments concerning wrongful conception from the House of Lords and the Australian High Court, with diametrically opposed results; the former invoking distributive justice to deny liability for the full, foreseeable and often foreseen consequences of a negligent sterilisation procedure resulting in the birth of a healthy child, and the other allowing that full range of liability based on corrective justice reasoning. Considers the causes and frequency of failed sterilisations in the UK and the deterrent effect on medical practice of imposing full liability for the consequences.
Evaluates currently debated radical reform proposals to displace the elements of the orthodox adv... more Evaluates currently debated radical reform proposals to displace the elements of the orthodox adversarial trial for witnesses deemed to be vulnerable, in particular by replacing cross-examination by counsel for the opposing party by some form of proxy examiner such as a police interviewer (as in Norway), an intermediary acting as interlocutor, or even by the trial judge (proposed by former DPP Sir Keir Starmer QC). Another proposal is to allow complainants separate legal representation. Argues that these proposals are misconceived, or at least very premature, as previous reforms have not yet become embedded in the criminal justice system. Argues for other reforms compatible with the adversarial trial, including: 'ticketing' of all advocates in cases involving child or vulnerable adult witnesses; appointing safeguarders for child witnesses and defendants, to protect their welfare throughout the proceedings; the creation of 'one stop' young witness advocacy centres, as...
International Journal of Law, Policy and the Family, 2009
In the last two decades of the twentieth century, the numerous controversies about the response o... more In the last two decades of the twentieth century, the numerous controversies about the response of public agencies and the courts to allegations of child abuse, as well as campaigns to reform the treatment of child witnesses in adversarial trial systems, provided the impetus for legal ...
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