‘The Domestic Abuse Bill received its second reading stage in the House of Lords on 5 January 2021. The government has indicated a commitment to improving the justice system’s effectiveness in providing protection for victims of domestic abuse and bringing perpetrators to justice.’
Garden Court Chambers, 1st March 2021
Source: www.gardencourtchambers.co.uk
‘The miscarriage of justice watchdog has suffered the “biggest cut” of any part of the criminal justice system since 2010 and its caseload has more than doubled over the same period, according to a parliamentary investigation.’
The Guardian, 5th March 2021
Source: www.theguardian.com
‘Up to 10,000 vulnerable victims facing long delays for trials should be allowed to give evidence by video in an attempt to stop them falling out of the system, according to the victims’ commissioner for England and Wales.’
The Guardian, 5th March 2021
Source: www.theguardian.com
‘Rapists and other serious criminals are walking free because victims are dropping court cases because of delays, a watchdog has warned.’
The Independent, 2nd March 2021
Source: www.independent.co.uk
‘As anyone immersed in, or interested in, the Criminal Justice System will know, when the first lockdown was announced back in March 2020, in person attendance at court buildings almost ground to a halt. This inevitably meant that all jury trials were suspended, and serious thought had to be given as to how they could safely resume in the future. Social distancing rules and the concern of causing covid outbreaks meant that the reintroduction of jury trials was slow, but by July 2020 and through the introduction of Perspex screens in between jurors and the relaxation of some of the lockdown restrictions, they slowly started to return to barristers’ diaries across the country.’
KCH Garden Square, 18th February 2021
Source: kchgardensquare.co.uk
‘The Secretary of State for Health, Matt Hancock, announced in Parliament on Tuesday 9th February that those returning from ‘red list’ countries who fail to disclose that fact could receive a 10-year prison sentence following conviction (see The Telegraph).’
UK Constitutional Law Association, 24th February 2021
Source: ukconstitutionallaw.org
‘Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’
EIN Blog 24th February 2021
Source: www.ein.org.uk
In this post, Omar Qureshi, Eoin O’Shea, Amy Wilkinson and Karishma Gadhia, who all work at CMS and have a special interest in corporate crime matters, comment on the decision handed down by the UK Supreme Court earlier this month in the matter R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, which concerned whether the Director of the Serious Fraud Office can issue a notice pursuant to section 2(3) of the Criminal Justice 1987 requiring a foreigner to produce material held overseas.
UKSC Blog, 24th February 2021
Source: ukscblog.com
‘The victims’ commissioner for England and Wales has called for a law to ensure people affected by crime are treated properly as they wait for justice.’
BBC News, 24th February 2021
Source: www.bbc.co.uk
‘Police forces are having to ration forensic toxicology work, especially samples from suspected drug drivers, because there is not enough capacity in the system to handle the volume of work, the outgoing forensic science regulator has said.’
The Guardian, 16th February 2021
Source: www.theguardian.com
‘The director of public prosecutions has called into question the age of criminal responsibility amid fears too many children are facing adult justice.’
Law Society's Gazette, 16th February 2021
Source: www.lawgazette.co.uk
‘Crack teams of specialist police officers are needed to bring rapists to justice and prevent a wholesale collapse of public confidence in the criminal justice system, according to the police lead for rape in England and Wales.’
The Guardian, 14th February 2021
Source: www.theguardian.com
‘When Tracey Hanson’s son, Josh, was stabbed to death in an unprovoked attack in 2015, it was the start of a tough journey through the criminal justice system. She said she was “passed from pillar to post” throughout and the impact stays with her today. Experiences like hers – and others who have been victims of crime – is driving a fresh call from Labour for a “Victims’ Law” to strengthen their rights.’
BBC News, 8th February 2021
Source: www.bbc.co.uk
‘The legal profession claimed victory last night in the fight against extended operating hours (EOH) in the criminal courts.’
Legal Futures, 4th February 2021
Source: www.legalfutures.co.uk
‘The actor Ricky Tomlinson is among a group of trade unionists seeking to overturn their criminal convictions arising out of an industrial strike that took place nearly five decades ago.’
The Guardian, 3rd February 2021
Source: www.theguardian.com
‘For over 30 years the Unduly Lenient Sentence (ULS) scheme has helped victims of crime get justice. The scheme was launched in 1989 following public outcry over a series of controversial sentencing decisions, including the 1986 “Ealing vicarage rape” case where 21-year-old Jill Saward was raped by burglars at her father’s vicarage.’
Attorney General’s Office, 1st February 2021
Source: www.gov.uk/ago
‘Labour is calling for juries to be cut from 12 members to seven, to stem the “gravest crisis” in the justice system since World War Two.’
BBC News, 26th January 2021
Source: www.bbc.co.uk
‘Legislation needs to be clear so that citizens can understand it and parliamentarians know what they are voting for. The need for clarity in legislation is set out as the first principle of Bingham’s definition of the Rule of Law, and the need for intelligibility in legislation is a requirement of the Venice Commission Checklist on the Rule of Law. This is one of the rationales for a parliamentary democracy. The Overseas Operations (Service Personnel and Veterans) Bill is designed to offer legal protections to UK armed forces, and the Ministry of Defence, in relation to overseas military operations. The Bill’s Second Reading took place this week in the House of Lords. But the Bill is disingenuous: in form it is about protecting veterans, whilst in substance it is about protecting the Ministry of Defence.’
UK Constitutional Law Association, 22nd January 2021
Source: ukconstitutionallaw.org
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