The Law Show – Details, episodes & analysis

Weekly conversation led by Dr Joelle Grogan to give you an in-depth understanding of the law stories making news and the legal decisions that could have a bearing on everyone in the UK.

This week: Traumatised jurors: new research has found that as much as half of people who serve on the juries of gruesome criminal trials, such as child murders or rape, can suffer symptoms of vicarious psychological trauma as a result. A pilot scheme to offer free counselling to affected jurors has now been shelved in England and Wales due to the election. But in Scotland and Northern Ireland support is available. Joelle discusses all this and what else happens on jury service with criminal defence barrister and part-time judge Charlie Sherrard KC, and with author, commentator and barrister Dr Sam Fowles.

Prenuptial contracts: what is a "prenup," as they're often called? Should you get one even if you're not wealthy? Are they legally binding in the case of divorce, or not worth the paper they're written on? What do you need to do for the courts to uphold them in the various parts of the UK? Family law solicitor and social media's "legal queen" Tracey Moloney has the answers.

And: Japanese knotweed, a fast-growing invasive species so tough it can only be successfully removed by professionals. A Scottish couple has been granted permission by an Edinburgh sheriff to sue the previous owners of their home, who had not declared that there is Japanese knotweed on the property. This case centres around whether or not it counts as an "infestation". Other home seller packs ask about knotweed explicitly. Dr Sam Fowles explains the law, and who you can sue if you find yourself with unwanted knotweed after all.

Presenter: Dr Joelle Grogan Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production co-ordinator: Maria Ogundele

Weekly conversation led by Dr Joelle Grogan about the law stories making the news and the legal decisions that could have a bearing on everyone in the UK. Whether it’s explaining a new law or seeking clarity for you on a legal issue, The Law Show will be your guide.

This week:

Water: from the cryptosporidium outbreak in tap water in Devon, to E. coli bacteria in the Thames, and sewage in rivers, lakes and seas across the country - what does the law say about clean water? What obligations do water companies have, who enforces this, and who keeps an eye on the enforcers? Do we have a right to clean water to drink or swim in? Joelle explores all this and more with Angus Evers, Partner and Head of Environment Law at Shoosmiths, and with Dr Charlotte Proudman, a barrister and academic.

Divorce: in England and Wales, the only divorce available now is no-fault divorce, as a result of a law change that came into force last year. As family law solicitor Tracey Moloney points out though, you also need to get a financial order. If not, your ties haven't been fully severed, and your ex-spouse could make a financial claim in future. In Scotland, you need to prove irretrievable breakdown of the marriage to get a divorce, or that one of you is applying for a gender recognition certificate. In Northern Ireland, you need to cite reasons like adultery, unreasonable behaviour or desertion.

And: the Leasehold and Freehold Reform Act 2024 was the last bill that became law just before parliament was dissolved for the general election. Under the Act, which covers England and Wales, leaseholders will gain more rights. For example, it will become easier and cheaper for them to buy their freehold, or extend leases to 990 years. There is also a ban on the sale of all new leasehold houses. But, the Act didn't cap, let alone abolish, ground rent, and hasn't come into force yet...

Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production Co-ordinator: Maria Ogundele

What if someone uses AI to create a fake version of your voice for their own aims? Recently, the actor, broadcaster and writer Stephen Fry found that someone had recreated his voice to narrate a documentary without his knowledge. What does the law have to say about deepfakes? What are your rights, and in which circumstances could someone be sued, or prosecuted? Associate solicitor Oliver Lock of Farrer & Co explains what the law can, and can't do.

Creating fakes with AI, and the software to detect them, is a growing field. The same is true of forensic speech recognition, which is done both by ear and machine and can help the police or a court identify whether a recording is the voice of a suspect, for example. Dr Anil Alexander of Oxford Wave Research Ltd plays some samples to presenter Joshua Rozenberg. Can he guess them right? And what other uses are there for this technology in law enforcement?

Forensic scientists are often called upon to give evidence in court, as are doctors. These expert witnesses are crucial, but things can go wrong. Some find cross-examination so bruising that they don't want to repeat it. Others fear for their reputation, if they're pushed into saying something they hadn't meant to say. Baroness Professor Sue Black is a leading forensic anthropologist and shares her thoughts.

Sometimes barristers and judges are out of their depth on the science of a case. One solution to this problem has been put forward by the independent scientific academy the Royal Society, with the Royal Society of Edinburgh: subject-specific primers on relevant topics. As Dame Dr Julie Maxton, executive director of the Royal Society explains, leading scientists write and peer-review the primers, such as on ballistics or DNA, and senior judges cross-check them from the legal perspective. The primers are online, aimed at judges but available for everyone. The hope is that if barristers fail to ask the right questions on the science, judges who've read the primers can then do so instead.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Clare Fordham Sound engineers: James Beard and Rod Farquhar Production Coordinators: Maria Ogundele and Rosie Strawbridge

Last week, the House of Commons Justice Select Committee published a wide-ranging report about sentencing and public opinion. On the one hand, it said we shouldn't ignore what people think. On the other hand, MPs found that many people didn’t understand how sentencing worked. The justice committee's own research confirmed this lack of understanding. The committee's chair, the Conservative MP Sir Bob Neill, also points out the cost of longer sentences: £47,000 per prisoner per year.

Despite that level of expenditure, all is not well in the prisons of England & Wales. Self-harm, suicide and assault rates are all up. Prison officers are "voting with their feet," says Professor Alison Liebling, director of the Prisons Research Centre of Cambridge University's Institute of Criminology. She has been doing research in prisons for nearly 35 years, and thinks that this is "the most unstable, and unsafe period [she's] known". But she also has some suggestions for how to improve matters, and to free up prison spaces.

There's been yet another mass shooting in the United States, again involving a military-style assault weapon. Rather than try for tighter gun control to stop these killings, some people are taking the gun manufacturers to court instead. Chicago-based lawyer Antonio Romanucci is acting for many of those affected by a shooting in Chicago on Independence Day last year. They're bringing a civil claim under consumer marketing laws. Could it be successful?

The Scottish government is planning to give the people of Scotland new, enforceable human rights. These would largely be economic, social and cultural rights, as opposed to the current civil and political ones like freedom of speech. The plan is to incorporate several international treaties into Scottish law. The UK is a signatory to these treaties already, but the rights they proclaim can't be enforced through the courts. A new Human Rights bill in Scotland would change that. But could it avoid being scuppered by the limits of devolution?

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production Coordinator: Maria Ogundele Sound engineers: Neil Churchill and Graham Puddifoot

Following the events of the 7th October in which around 1400 people were killed in Israel and over 200 taken hostage, Israel has been striking back against Hamas in Gaza. What does international law say about self-defence and proportionate responses to attacks? Joshua Rozenberg asks expert Professor Guglielmo Verdirame KC of Kings College.

The government is proposing to rent prison space abroad, due to a risk of prison overcrowding here. There is precedent: Norway sent prisoners to a Dutch prison, for example. How did that work out in practice? What lessons were being learnt? Prisons expert Professor Alison Liebling of Cambridge University has studied and evaluated the Norwegian-Dutch case.

How safe are Joint Enterprise convictions for murder? As a result of legal action on behalf of JENGbA (Joint Enterprise Not Guilty by Association), the Crown Prosecution Service has started to gather, and publish, data about those charged with Joint Enterprise homicide or attempted homicide. The figures show that young black men are vastly overrepresented among those charged under the Joint Enterprise doctrine. The convictions are difficult to appeal, as the threshold is high. In 2016 the Supreme Court admitted the law had "taken a wrong turn" on Joint Enterprise for 30 years. What went wrong, and is it being put right? We hear from Professor Felicity Gerry KC, who led the defence in the 2016 Supreme Court case, and from someone who served a Joint Enterprise sentence for murder, even though he says he was not present at the killing and only found out about it afterwards.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Clare Fordham Sound engineers: Neil Churchill and Rod Farquhar Production coordinator: Maria Ogundele

The new Secretary of State for Justice and Lord Chancellor Alex Chalk KC MP speaks to Joshua Rozenberg. How does he respond to criticisms levelled at the reforms of the Parole Board proposed in the Victims and Prisoners Bill? And how does he reconcile his wish to "provide individuals with the due process which is the hallmark of our legal system" with some aspects of the Home Office's Illegal Migration Bill, that aims to stop people crossing to the UK in small boats? Mr Chalk also speaks about new measures to protect investigative journalists from malicious libel actions, and confirms that the new Lord Chief Justice will be a woman, for the first time in a thousand years.

Most of the senior judges in England and Wales are male, white, middle-aged and former barristers. The new head of the Judicial Appointments Commission, Helen Pitcher, in her first broadcast interview, tells Joshua that diversity is very important and admits its an issue in the judiciary. So how will she increase it? We hear about projects and research to help remove barriers and ensure senior judges reflect the society they serve.

What is it like to do your job after a diagnosis of Parkinson's? The condition affects people differently, but many have a tremor, fatigue, reduced mobility in their arms, legs, or both, and some can have depression. Joshua meets a High Court judge, Sir Nicholas Mostyn, to find out how he has been able to carry on working despite the condition. What are employees' rights in this case? And what is it like for those in other lines of work? We also hear from a nurse with Parkinson's on how she does it.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Bethan Ashmead Latham Production Coordinator: Maria Ogundele Editor: Clare Fordham

Is the Parole Board getting it right with prisoner releases? Last year, the then Lord Chancellor and Secretary of State for Justice Dominic Raab thought not, and introduced reform proposals to, as he saw it, re-prioritise public protection and trust in justice. These proposals are in the Victims and Prisoners Bill that's now before parliament. But the Parole Board tell Joshua Rozenberg that public protection is their top priority anyway, and that only 0.5% of those they release go on to commit other serious offences.

What can the law do when a husband takes his wife on a trip abroad, such as to his or her country of origin, and abandons her there, without the means to return? Typically in such cases, the man confiscates his wife's passport, documents and mobile phone, and then returns to the UK without her. If there are any children, the husband takes those with him, leaving the wife and children separated from each other. Often, the wife's right to live in or return to the UK is tied to her marital status. We hear from someone who became a victim of "transnational marriage abandonment" as it's called, when she was taken back to India.

Artificial Intelligence or AI is changing how we live and work. Generative AI is able to produce written texts and many other types of content, including soon perhaps legal documents. Could such AI be used to deliver justice more quickly and cheaply than lawyers and judges? What safeguards should there be? And could it help clear huge backlogs in the courts? Joshua speaks with Professor Richard Susskind, one of the world's leading experts on AI and the law.

Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Bethan Ashmead Latham Production Coordinator: Maria Ogundele Editor: Clare Fordham

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 Watts

Photo 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