‘The government is considering whether children in police stations should have to opt out of receiving legal advice, rather than opt in as now, it has emerged.’
Legal Futures, 4th May 2020
Source: www.legalfutures.co.uk
‘New video equipment is being introduced to over 100 courts as the government increasingly turns to technology to conduct hearings remotely and keep the justice system running during the Covid-19 pandemic.’
Law Society's Gazette, 1st May 2020
Source: www.lawgazette.co.uk
‘In this post I analyse some of the contradictions present in the current penal response to Covid-19 in England and Wales, represented in a recent Crown Prosecution Service press release. Coercive criminal law measures which clearly and proportionately penalize those who endanger emergency workers, or engage in fraudulent conduct, may be justified. But civil liberties must be considered on both sides. I challenge the punitive narrative which celebrates sending those convicted of coronavirus crimes to prisons where Covid-19 has the potential to be rampant. The rights to life and health of offenders—put at risk in overcrowded prisons—must also be considered.’
UK Constitutional Law Association, 28th April 2020
Source: ukconstitutionallaw.org
‘How effectively are people with a cognitive impairment, mental health condition and/or neuro-diverse condition able to participate in proceedings in the justice system, particularly when they engage with that system via video or telephone link?’
Transparency Project, 24th April 2020
Source: www.transparencyproject.org.uk
‘Defendants should be allowed to opt for trial by judge rather than in front of a jury, a prominent human rights lawyer has proposed, as a means of partially restarting the criminal justice system.’
The Guardian, 26th April 2020
Source: www.theguardian.com
‘As a result of the restrictions on movement imposed due to the current pandemic, the criminal justice system is operating little more than what might be colloquially referred to as a ‘Saturday service’ at present. Despite this, lower-level offences still work their way through the system, while cases involving more serious offences are adjourned pending the relaxation of the restrictions. This blog post concentrates on a topic that has thus far received little attention: sentencing for offences committed at a time of national crisis.’
6KBW College Hill, 23rd April 2020
Source: blog.6kbw.com
‘The current pandemic has led to a flood of emergency legislation. This post deals with The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020 No. 350) made under the Public Health (Control of Disease) Act 1984, which supplement the Coronavirus Act 2020. The Regulations are, as is now trite, the strictest control on peacetime life in the modern history of the United Kingdom, and they set out the limits of the “lockdown” and how it is to be enforced. This post aims to set out how the Regulations apply to individuals, and provide some analysis of their contents.’
6KBW College Hill, 6th April 2020
Source: blog.6kbw.com
‘Courts must take care not to “overreact in unprecedented times”, a former director of public prosecutions has said, amid concerns that lengthy sentences being imposed during the coronavirus crisis could be excessive.’
The Guardian, 19th April 2020
Source: www.theguardian.com
‘The coronavirus pandemic could provide an unexpected opportunity for police forces to tackle county lines drug dealing as the lockdown means criminals “stick out like a sore thumb”, senior officers have said.’
The Independent, 20th April 2020
Source: www.independent.co.uk
‘Covid 19: the current situation is so fast moving that anything written will almost inevitably be out of date by the time it is typed. However, following the effective “lock down” from 8.30pm on 23 March 2020 it may be that there are fewer further changes until restrictions can be eased, and it is useful to reflect on the effect so far.’
6KBW College Hill, 30th March 2020
Source: blog.6kbw.com
‘On Saturday 15 February, Caroline Flack’s tragic death became widespread news across the country. Having been charged with common assault of her boyfriend, Lewis Burton, she pleaded not guilty on 23 December last year and was due to face trial on 4 March. On the same day that she took her life, a statement from Ms Flack’s management strongly criticised the Crown Prosecution Servce (CPS) for pursuing the case, citing its knowledge of her vulnerability and the lack of support from the alleged victim.’
New Law Journal, 26th March 2020
Source: www.newlawjournal.co.uk
‘Suspected offenders are set to avoid criminal charges under unprecedented new guidance to ease the burden on the justice system during the coronavirus outbreak.’
The Guardian, 14th April 2020
Source: www.theguardian.com
‘As one of the measures to prevent the spread of the new coronavirus, courts in major parts of the world are delaying trials and temporarily closing doors. While the move is reasonable in the face of the pandemic, the process could leave some cases in limbo for weeks, if not months. In the criminal context, this could be a huge barrier to access to justice for victims and in securing the rights of the accused. The Chief Justices of various judicial systems have issued guidance to trial courts seeking emergency orders to adjust or suspend court operations in light of the pandemic. In addition to these measures, new AI-based systems may prove helpful during these times and should, where available, be used to secure access to justice.’
Oxford Human Rights Hub, 9th April 2020
Source: ohrh.law.ox.ac.uk
‘Maintaining access to justice and enabling people to exercise their rights and have effective participation in the legal system has never been more important than now. The judiciary are quickly adapting their ways of working to deliver justice during the coronavirus pandemic.’
Courts and Tribunals Judiciary, 3rd April 2020
Source: www.judiciary.uk
‘On 23 March 2020, the Prime Minister instructed everyone to remain in their homes in order to limit the spread of COVID-19. The overwhelming majority of individuals and businesses have taken steps to comply with that instruction. However, concerns remained about the large number of people continuing to use London Underground, groups of people congregating in public places and a small number of people steadfastly refusing to comply. From the off, law enforcement officials were asking to be furnished with powers to enforce compliance.’
5 SAH, 30th March 2020
Source: www.5sah.co.uk
‘Suspected fraudsters and gangsters should not be charged during the coronavirus outbreak to avoid “clogging up” courts, new guidance recommends.’
BBC News, 2nd April 2020
Source: www.bbc.co.uk
‘On 23 March 2020, the Prime Minister instructed everyone to remain in their homes in order to limit the spread of COVID-19. The overwhelming majority of individuals and businesses have taken steps to comply with that instruction. However, concerns remained about the large number of people continuing to use London Underground, groups of people congregating in public places and a small number of people steadfastly refusing to comply. From the off, law enforcement officials were asking to be furnished with powers to enforce compliance.’
5SAH, 30th March 2020
Source: www.5sah.co.uk
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