Category: criminal justice

Crime Team Newsletter – 33 Bedford Row

Posted July 10th, 2020 in chambers articles, criminal justice, inquests, juries, news, police, sentencing, sexual offences, terrorism, violent offenders by sally

‘This month’s newsletter comprises articles from:

Nigel Edwards Q.C. and Daniel Walker– “Sentencing Serious Violent and Sexual Offenders”;

Ayesha Smart and Nigel Edwards Q.C. – “Section 13(1) Terrorism Act 2000 offences- are they strict liability?”;

Sharmila Salvi – “Second Post Mortem Examinations – The Defence Position”;

Andrew Kerr – “Adverse Inferences”; and

Rabia Mir – “How High Fiving Police Officers Turned Off a Jury”.’

Full Story

33 Bedford Row, 6th July 2020

Source: www.33bedfordrow.co.uk

The end of the jury trial as we know it? – 6KBW College Hill

Posted July 10th, 2020 in chambers articles, coronavirus, courts, criminal justice, juries, Ministry of Justice, news, trial without jury, trials by sally

‘The Secretary of State for Justice recently confirmed that the government is considering whether to introduce primary legislation to suspend jury trials for offences triable either way as a way to address the backlog of criminal cases arising from the public health crisis. This development has caused alarm amongst practitioners who might be hoping that Humphreys J was right when he said: “I cannot bring myself to believe that there are any persons other than the inmates of a lunatic asylum who would vote in favour of the abolition of trial by jury in serious criminal cases” (Do We Need a Jury? [1954] Crim LR 457).’

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6 KBW College Hill, 30th June 2020

Source: blog.6kbw.com

The Criminal Procedure Rules – Not Just for Decoration by Paul Canfield – Broadway House Chambers

Posted July 10th, 2020 in appeals, chambers articles, criminal justice, evidence, hearsay evidence, news, sexual offences by sally

‘The recent case of R v Smith [2020] EWCA Crim 777 highlighted just how important the Criminal Procedure Rules are, and how, despite the pressures that practitioners face, they must be complied with to deal with any disputes surrounding evidence or procedure that may arise.’

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Broadway House Chambers, 29th June 2020

Source: broadwayhouse.co.uk

Proposal To Scrap Juries ‘Shocking’ Amid Black Lives Matter Movement – Each Other

Posted July 10th, 2020 in coronavirus, criminal justice, delay, equality, juries, news, race discrimination, trial without jury, trials by sally

‘Proposals to scrap juries for some trials to reduce court backlogs would remove the “only part of the criminal justice process” proven not to discriminate against minority ethnic groups, a legal expert has warned.’

Full Story

Each Other, 9th July 2020

Source: eachother.org.uk

MP: Criminal lawyers need immediate help to survive – Legal Futures

Posted July 7th, 2020 in barristers, coronavirus, criminal justice, law firms, legal aid, news, remuneration by sally

‘Shadow justice minister Karl Turner has called for an “immediate increase” in legal aid rates if criminal law firms are to survive, along with measures to save the Bar.’

Full Story

Legal Futures, 7th July 2020

Source: www.legalfutures.co.uk

MoJ favours ‘Nightingale’ crown courts to tackle huge backlog of cases – The Guardian

Posted July 2nd, 2020 in coronavirus, criminal justice, Crown Court, delay, Ministry of Justice, news by sally

‘Plans for non-jury trials to speed up efforts to tackle a backlog of more than 40,000 crown court cases appear to have been sidelined as the Ministry of Justice opts instead for extended opening hours, emergency “Nightingale” courts and, possibly, smaller juries.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Coronavirus recovery in Her Majesty’s Court and Tribunal Service – Ministry of Justice

Posted July 2nd, 2020 in civil justice, coronavirus, criminal justice, HM Courts Service, Ministry of Justice, press releases by sally

‘The Lord Chancellor Robert Buckland has today (1 July 2020) outlined a ‘renewal for justice’ as courts harness increased investment, improved technology and a range of emergency measures to recover from the coronavirus pandemic.’

Full press release

Ministry of Justice, 1st July 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

Criminal cases backlog could take a decade to clear, watchdog warns – The Guardian

Posted July 1st, 2020 in coronavirus, criminal justice, Crown Prosecution Service, delay, juries, news, ombudsmen, statistics, trial without jury, trials by sally

‘The backlog of untried cases in the criminal justice system – which has ballooned during lockdown – could take a decade to clear, an official watchdog has warned.’

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The Guardian, 30th June 2020

Source: www.theguardian.com

Quality of legal advice for suspects “faltering under lockdown” – Legal Futures

Posted June 30th, 2020 in confidentiality, coronavirus, criminal justice, legal representation, news by sally

‘The quality of legal help for suspects in police custody has “suffered significantly” due to Covid-19 amid concerns over confidentiality and restrictions on lawyers talking to clients, a new report has found.’

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Legal Futures, 30th June 2020

Source: www.legalfutures.co.uk

EHRC reports on inclusive justice – UK Human Rights Blog

Posted June 17th, 2020 in chambers articles, criminal justice, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, inquiries, news by sally

‘Ten years after the Equality Act came into force, the Equality and Human Rights Commission (EHRC) have published their findings and recommendations in a report entitled “Inclusive Justice: a system designed for all”. Although the report recognises where progress has been made, it also identifies very significant problems.’

Full Story

UK Human Rights Blog, 16th June 2020

Source: ukhumanrightsblog.com

Drop juries for less serious crimes in England and Wales, judges say – The Guardian

Posted June 17th, 2020 in coronavirus, criminal justice, Crown Court, delay, juries, news, trials by sally

‘Less serious crimes should be tried in crown courts before a judge without a jury in order to tackle the thousands of cases building up during the pandemic crisis, judges have suggested.’

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The Guardian, 16th June 2020

Source: www.theguardian.com

The UK government responded to Black Lives Matter – by protecting statues – The Guardian

Posted June 16th, 2020 in criminal damage, criminal justice, minorities, monuments, news, sentencing by sally

‘Our justice system is in tatters, yet what may be the first piece of bipartisan legislation to pass is one protecting the feelings of concrete.’

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The Guardian, 15th June 2020

Source: www.theguardian.com

Youth justice: exposing a system that is failing our most vulnerable children – The Guardian

Posted June 15th, 2020 in children, criminal justice, diversity, equality, news, race discrimination, racism, statistics, young offenders, young persons by sally

‘Children in the Dock was an investigation into the youth justice system in England and Wales that involved the Guardian’s Manchester team spending a month monitoring every case at Greater Manchester youth court. Among other things, they found that the proportion of BAME children in court had doubled in eight years, and revealed that youth cases now take 40% longer than in 2010.’

Full Story

The Guardian, 13th June 2020

Source: www.theguardian.com

EHRC urges compulsory disability training for lawyers – Legal Futures

Posted June 15th, 2020 in barristers, criminal justice, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, HM Courts Service, legal education, legal profession, Ministry of Justice, news, solicitors, Solicitors Regulation Authority, statistics by sally

‘Disability awareness should be a professional requirement, and a mandatory element of criminal lawyers’ CPD, the Equality and Human Rights Commission (EHRC) has recommended.’

Full Story

Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

What It’s Like Being A Black Lawyer Working In The UK’s Criminal Justice System In 2020 – Elle Magazine

Posted June 12th, 2020 in barristers, coronavirus, criminal justice, diversity, equality, fines, legal profession, news, police, race discrimination, racism, statistics, stop and search by sally

‘Abimbola Johnson is a Black criminal defence barrister, whose experience of the justice system in the UK brings recent events in the US even closer to home.’

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Elle Magazine, 5th June 2020

Source: www.elle.com

Courts ‘preparing to fast-track prosecutions for Black Lives Matter protesters’ – Daily Telegraph

Posted June 12th, 2020 in assault, consultations, courts, criminal damage, criminal justice, demonstrations, emergency services, news, prosecutions, public order, race discrimination, racism by sally

‘British courts are preparing to fast-track prosecutions for the Black Lives Matter protests, as justice secretary Robert Buckland has told magistrates to model the process along the lines of the response to rioting in London in 2011, The Times reported.’

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Daily Telegraph, 12th June 2020

Source: www.telegraph.co.uk

Criminal justice system failing disabled defendants, EHRC warns – The Guardian

Posted June 11th, 2020 in criminal justice, disabled persons, equality, news by sally

‘The criminal justice system in England and Wales is failing defendants who are disabled or have mental health conditions and needs reform to ensure everyone receives a fair trial, the equalities watchdog has warned.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Extremism body examines new hate crime – BBC News

Posted June 10th, 2020 in criminal justice, hate crime, news, statute law revision, terrorism by sally

‘The government’s adviser on extremism is investigating whether it’s possible to ban behaviour that leads people to hate each other.’

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BBC News, 10th June 2020

Source: www.bbc.co.uk

Dishonesty? Ghosh, Ivey got a surprise for you! (R v Barton) – 5SAH

Posted June 5th, 2020 in appeals, chambers articles, criminal justice, deceit, news, Supreme Court by sally

‘The Court of Appeal affirmed in the case of R v Barton that the test for dishonesty to be used in criminal proceedings is that set out in obiter dicta by the Supreme Court in Ivey v Genting Casinos UK (t/a Cockfords Club), expressly overruling the two-stage test set out in R v Ghosh. Modifying (albeit to a limited extent) the principle of stare decisis, the court held that, in limited circumstances, where the Supreme Court directs, obiter dicta, that an otherwise binding decision of the Court of Appeal should no longer be followed and proposes an alternative test that it says must be adopted, the Court of Appeal is bound to follow that direction. The test in Ivey ensures dishonesty is objectively assessed by reference to society’s standards, rather than the defendant’s own understanding of what is dishonest. This resolves the problematic second limb of the Ghosh test.’

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5SAH, 18th May 2020

Source: www.5sah.co.uk

Mitigating Covid-19 – Church Court Chambers

Posted June 2nd, 2020 in coronavirus, criminal justice, imprisonment, news, prisons, sentencing by sally

‘The coronavirus pandemic (“Covid-19”) has significantly affected people across the world, in a seemingly indiscriminate fashion, with the devastating impact well publicised. However, one area that has not featured heavily in the mainstream media, is the impact that Covid -19 may have had on the sentencing exercise for Defendants. To that end, as the nation remains in lockdown, are the current conditions in the UK prison system a factor which should be considered by a tribunal when considering the appropriate sentence to impose? This article will outline and discuss the recent decision of the Court of Appeal in the R v Manning [2020] EWCA Crim 592 (“Manning”) and seek to answer that question.’

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Church Court Chambers, May 2020

Source: churchcourtchambers.co.uk