Issue 138  18th April 2020

Prosecutors are being asked to prioritise more serious cases and consider the impact of the Coronavirus (COVID-19) pandemic when weighing up whether criminal charges are in the public interest, in order to help the justice system continue effectively in the face of current challenges.

Although lawyers must always assess whether a prosecution is in the public interest, new guidance issued today asks for extra consideration of the impact of the pandemic when deciding the most proportionate response in every case. They will review both new and existing cases on their own merits, and consider every available course of action including community resolution. It could also mean accepting a guilty plea to a different offence if prosecutors are satisfied that a sentence which meets the seriousness of the offending could be passed. This will not affect the most serious or violent types of crime.

The Council is seeking views on proposed changes to the way in which the seriousness of assault offences is assessed and on a new draft guideline for sentencing assaults against emergency workers. The new guideline reflects the Assaults on Emergency Workers (Offences) Act 2018, which introduced a higher statutory maximum sentence of 12 months for these offences.

The consultation covers:

• Common assault – section 39 Criminal Justice Act 1988; Racially/religiously aggravated Common assault – section 29 Crime and Disorder Act 1998
• Common assault of an emergency worker – section 1 Assaults on Emergency Workers (Offences) Act 2018
• Assault with intent to resist arrest – section 38 Offences Against the Person Act 1861
• Assault occasioning actual bodily harm – section 47 Offences Against the Person Act 1861; Racially/religiously aggravated ABH – section 29 Crime and Disorder Act 1998
• Inflicting grievous bodily harm/Unlawful wounding – section 20 Offences Against the Person Act 1861; Racially/religiously aggravated GBH/Unlawful wounding – section 29 Crime and Disorder Act 1998
• Causing grievous bodily harm with intent to do grievous bodily harm/Wounding with intent to do grievous bodily harm – section 18 Offences Against the Person Act 1861
• Attempted murder – s1(1) Criminal Attempts Act 1981

A government scheme to release prisoners early to help jails deal with coronavirus has been suspended after six offenders were freed by mistake. The inmates were mistakenly let out of two open prisons in Gloucestershire and Derbyshire. Officials said the men "returned compliantly to prison when asked to do so". The Prison Service said it had now strengthened its processes.

Up to 4,000 prisoners - those who were due to be freed within two months anyway - were eligible for the early release programme across England and Wales. Officials said on Tuesday that hundreds would be freed by the end of the week - with 14 pregnant prisoners and mothers with babies among those released.

The current Government Covid-19 emergency measures mean that unnecessary travel to and attendance at court of parties and witnesses, should be avoided if possible and, where appropriate, arrangements made for their participation in court proceedings through live video or audio link...

The attached list of priorities (Priority 1-3) sets out the categories of work which should currently be given priority and in what order. These categories are sequential: if there is no suitable Priority 1 work, then Priority 2 work (including trials) should next be considered, then Priority 3 (all other work). When making listing decisions in relation to trials, judges will consider carefully whether suitable practical arrangements can be made to ensure the trial can, in fact, take place safely. This will involve consideration of a variety of factors including the type of case, the venue (i.e. whether there are suitable court buildings and court rooms available where proper social distancing can take place), the length of trial, the number of witness and witness handling facilities and available technology.

Police have admitted a second wrongful conviction under new coronavirus laws, as several cases are reviewed. The 21-year-old man was arrested outside a leisure centre in Tooting, southwest London, on 28 March. He was charged with violating schedule 21 of the Coronavirus Act 2020, which only applies to “potentially infectious persons” and was intended to support quarantine measures.

The latest case was overturned after the Press Association agency questioned the Metropolitan Police about how the law had been applied in London magistrates’ court cases... But the case was reviewed at the same court on Wednesday, and it was identified that the coronavirus law had been “applied incorrectly”. The charge and fine were set aside.

The Home Secretary launched a new public awareness raising campaign highlighting that if anyone is at risk of, or experiencing domestic abuse, help is still available. The campaign will be publicising support available including the freephone, 24 hour National Domestic Abuse Helpline number – 0808 2000 247 – run by Refuge, and www.nationaldahelpline.org.uk.

Additionally, the Home Secretary announced that the Home Office is working with charities and the Domestic Abuse Commissioner to provide an additional £2 million to immediately bolster domestic abuse helplines and online support.