UK climate activists convicted in first trial of new anti-protest laws – The Guardian

‘Three climate activists have been convicted of “interference with key national infrastructure” by marching in the road in west London for 20 minutes, in the new offence’s first test at trial.’

Full Story

The Guardian, 15th May 2024

Source: www.theguardian.com

UK to introduce new offence of causing death or injury by dangerous cycling – The Guardian

Posted May 17th, 2024 in bicycles, bills, criminal justice, dangerous driving, homicide, news by sally

‘A new offence of causing death or serious injury by dangerous, careless or inconsiderate cycling is to be introduced.’

Full Story

The Guardian, 15th May 2024

Source: www.theguardian.com

Ministers to amend Criminal Justice Bill in bid to address concerns over ‘nuisance rough sleeping’ provisions – Local Government Lawyer

Posted May 16th, 2024 in amendments, bills, criminal justice, homelessness, news, nuisance, repeals, vagrancy by sally

‘The Government has tabled amendments to the Criminal Justice Bill tightening the definition of ‘nuisance rough sleeping’ after MPs expressed concerns about the breadth of the legislation’s provisions.’

Full Story

Local Government Lawyer, 15th May 2024

Source: www.localgovernmentlawyer.co.uk

Court delays imposed after pressure on prison places – BBC News

Posted May 15th, 2024 in courts, criminal justice, delay, early release, imprisonment, news, prisons by sally

‘Some court appearances will be delayed as part of an emergency measure because of prison overcrowding.’

Full Story

BBC News, 15th May 2024

Source: www.bbc.co.uk

Court of Appeal reverses stay of criminal trial over lack of counsel finding it ‘based on mistakes of fact’ – Law Society’s Gazette

‘A Court of Appeal judgment has given guidance to judges “facing difficulties arising out of non-attendance by trial counsel” after finding a district judge was wrong to stay proceedings over the lack of prosecuting counsel.’

Full Story

Law Society's Gazette, 13th May 2024

Source: www.lawgazette.co.uk

End majority jury verdicts to prevent more justice ‘horror’, says Malkinson – The Guardian

‘Andrew Malkinson says he could have been spared “20 years of darkness and despair” if the jury system had not been changed to allow majority verdicts.’

Full Story

The Guardian, 9th May 2024

Source: www.theguardian.com

Jurors behaving badly – Mountford Chambers

Posted May 3rd, 2024 in chambers articles, criminal justice, evidence, juries, news by sally

‘A group of campaigners recently called for the suspension of a circuit judge in a letter to the Lady Chief Justice. The letter alleged that the Judge had warned the Jury they could face criminal prosecution for returning a verdict based on their conscience and not the evidence. Charles Hannaford explores the current legislation governing jurors conduct in England and Wales.’

Full Story

Mountford Chambers, 24th April 2024

Source: www.mountfordchambers.com

Lady Chief Justice sets up Transparency and Open Justice Board – Local Government Lawyer

Posted May 2nd, 2024 in civil justice, courts, criminal justice, news, tribunals by sally

‘The Lady Chief Justice, Dame Sue Carr, has created a Transparency and Open Justice Board, which will “lead and coordinate the promotion of transparency and open justice across the courts and tribunals of England & Wales”.’

Full Story

Local Government Lawyer, 1si May 2024

Source: www.localgovernmentlawyer.co.uk

Martin Myers tried and failed to steal a cigarette. Why has he spent 18 years in prison for it? – The Guardian

‘A devoted father with a zest for life, he was given an indeterminate sentence in 2006. He is still locked up – and losing hope that he will ever be released.’

Full Story

The Guardian, 1st May 2024

Source: www.theguardian.com

Joint enterprise in England and Wales: why problems persist despite legal change – Current Issues in Criminal Justice

‘The law in England and Wales (as in Australia and other jurisdictions) enables a person to be convicted of an offence committed by another using complicity liability, sometimes termed ‘joint enterprise’. In England and Wales, ‘joint enterprise’ has been widely criticised for: failing to distinguish between the moral and legal culpability of the person who commits the substantive offence and those on the periphery of it; being disproportionality applied in cases involving young men from black and mixed ethnic backgrounds; and for lacking legal legitimacy. Thus, it was hoped that the decision of the Supreme Court in England and Wales in 2016 to abolish the extended form of complicity liability, known as Parasitic Accessorial Liability (PAL), would resolve these issues. Reporting on interviews with police detectives, and prosecution and defence lawyers in England involved in cases of serious youth violence, this paper argues that the problems associated with ‘joint enterprise’ in England and Wales remain, despite the change in the law. This is due to there being only ‘subtle shift’ in practice and a continued reliance on racialised inferences about young men from black and mixed ethnic backgrounds. To reduce problems with disproportionality and improve the fairness of the law related to complicity liability, changes to police and prosecutorial practice are required, alongside meaningful law reform.’

Full Story

Current Issues in Criminal Justice, 29th April 2024

Source: www.tandfonline.com

Rap music used as evidence in scores of trials in England and Wales, study finds – The Guardian

‘Rap and drill music was used as prosecution evidence for serious charges including alleged gang-related murders against at least 252 defendants in England and Wales over a three-year period, a study has found.’

Full Story

The Guardian, 30th April 2024

Source: www.theguardian.com

Government backs amendment to better protect victims’ counselling records – Ministry of Justice

‘New legislation will provide extra protections for victims’ counselling notes during criminal investigations.’

Full Story

Ministry of Justice, 23rd April 2024

Source: www.gov.uk

Criminal Law Update: Cyber-flashing – Devon Chambers

‘Hetty Summerhayes examines the introduction of the offences of cyberflashing and sharing or threatening to share intimate photographs or film.’

Full Story

Devon Chambers, March 2024

Source: devonchambers.co.uk

Stop crime victims in England and Wales paying thousands for court transcripts, say MPs – The Guardian

Posted April 24th, 2024 in criminal justice, judgments, Ministry of Justice, news, victims by tracey

‘MPs from across the political spectrum have urged the government to remove a “barrier to justice” that sees crime victims in England and Wales forced to pay hundreds or thousands of pounds for transcripts of court proceedings.’

Full Story

The Guardian, 21st April 2024

Source: www.theguardian.com

Criminal injuries compensation and “Daisy’s Law” – 12 KBW Personal Injury Law Blog

‘Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024] UKUT 3 (ACC), which concerns the Criminal Injuries Compensation Scheme 2012 and its interaction with ‘Daisy’s Law’ in the Victims and Prisoners Bill.’

Full Story

12KBW Personal Injury Law Blog, 10th April 2024

Source: pilawblog.com

Stronger protections for stalking and harassment victims – Home Office

Posted April 24th, 2024 in criminal justice, government departments, harassment, news, stalking, victims by tracey

‘The government has announced measures making it easier for police to apply for stalking protection orders, meaning more victims will be protected earlier.’

Full Story

Home Office, 22nd April 2024

Source: www.gov.uk

Part 2 – A review of hate crime by Olivia Chessell – 2DRJ

‘The first part in this two-part article explored the application of hate crime laws in the sentencing of Scarlett Jenkinson and Eddie Ratcliffe for the tragic murder of Brianna Ghey, a 16-year-old transgender child. This second part sets out the current statutory framework for prosecuting hate crimes in England and Wales before providing an analysis of potential shortcomings and recommendations for reform.’

Full Story

2DRJ, 18th April 2024

Source: www.2drj.com

Part 1 – A review of hate crime by Olivia Chessell – 2DRJ

‘The well reported case of two teenagers convicted for the murder of 16-year-old transgender child, Brianna Ghey, offers an opportunity for legal practitioners to review the scope and limitations of existing hate crime legislation. The sentencing remarks of Mrs Justice Yip DBE in R v Scarlett Jenkinson and Eddie Ratcliffe, are considered in this two-part article which provides an overview of hate crime laws in England and Wales.’

Full Story

2DRJ, 26th March 2024

Source: www.2drj.com

Train driver who upskirted female passenger avoids jail sentence – The Guardian

‘A Thameslink train driver who took photos up a woman’s skirt while she was asleep on a train has avoided jail, despite being found guilty of voyeurism.’

Full Story

The Guardian, 19th April 2024

Source: www.theguardian.com

Failure to address ‘ludicrous’ injustice of indefinite jail terms is ‘political cowardice’, peer warns – The Independent

‘MPs have been accused of “political cowardice” for failing to back the resentencing of thousands of prisoners trapped under abolished indefinite jail terms.’

Full Story

The Independent, 20th April 2024

Source: www.independent.co.uk