Issue 202  17th July 2021

Court Covid Measures After 19 July

Some Covid measures will remain in court buildings despite the removal of restrictions next week HM Courts & Tribunals Service confirmed today, saying that changes will be managed in a 'steady, careful way'.

Kevin Sadler, acting chief executive of HMCTS, said the court service is working with the judiciary to safely increase capacity, meaning the number of people in court buildings will ‘gradually increase’. This will happen alongside continued use of audio and video technology to enable remote attendance, he said. While there will be only ‘minimal social distancing measures’ in courts, face coverings will still be required in staff, public and communal parts of court buildings. Screens and barriers will also remain in place and in custody suites, where measures – such as touchpoint cleaning, locked down phones, reduced numbers and fluid-resistant surgical masks – will also be retained.

The announcement can be found here.

'Ban on knives, firearms and offensive weapons comes into force'

A tough ban on a wide range of knives, weapons, and firearms comes into force today as part of government action to tackle violent crime and serious violence. Cyclone knives, spiral knives and ‘rapid-fire’ rifles are among those covered by the ban, all of which have been associated with serious violence in communities across the country. A new legal definition of flick knives, banned since 1959, also takes effect, resulting in more of these bladed weapons being outlawed.

All weapons banned in public by the Criminal Justice Act 1988, including zombie knives, shuriken or death stars and knuckledusters, will now also be banned in private, meaning people can no longer keep them at home. Anyone unlawfully possessing a firearm covered by the ban will face up to 10 years in prison and those possessing one of the other weapons can be sentenced to up to six months’ imprisonment or a fine or both.

'Police and CPS in rape case blame game'

Police and the Crown Prosecution Service are involved in a blame game over a drop in rape prosecutions, a watchdogs' report has said. CPS figures for 2019-20 show 1,439 suspects were convicted of rape or lesser offences in England and Wales, the lowest level since records began. This is down from 1,925 the previous year despite a rise in reports of rape.

The review by the police and CPS watchdogs calls for an urgent shift in the way rape cases are investigated. In particular, it identified "finger pointing" and a "deep division" between agencies over dismal conviction rates. "At a national level, there is a lot of activity to improve the response to rape," the report said. "But beneath the surface of these joint structures, we were told of continuing underlying tensions between the police and the CPS, and a desire on both sides to blame the other for low charge and conviction rates."

The report can be found here.

'Closer working commitment by CPS and police to narrow gap on rape and sexual offence prosecutions'

Prosecutors and police are today reaffirming their commitment to rape victims to work more collaboratively from the outset of investigations to drive up the number of cases reaching court. A wide-ranging action plan is already under way to improve this crucial relationship, working together from the very start of a complaint to strengthen the evidence and advise on lines of enquiry.

The Crown Prosecution Service and National Police Chiefs’ Council are today launching an additional collaborative commitment to build stronger rape prosecutions, increase the number of victims getting their say in court and minimise the time taken to reach a charging decision. It comes as a Criminal Justice Joint Inspectorate report into the police and CPS response to rape found there needs to be a fundamental change in how the two parties work together on these cases. The new approach, which police forces and CPS units across England and Wales have signed up to, sets out how the CPS and investigators will work together more closely from the outset of rape and serious sexual assault (RASSO) cases through increased use of Early Advice.

'Government sets out action to stop online racist abuse in football'

The Prime Minister has set out action to tackle online racist abuse in football following the abhorrent social media attacks on black England players after the Euro 2020 final. For the first time, the Government will amend legislation to extend the use of Football Banning Orders so online abusers can be banned from stadiums for up to 10 years, in the same way violent thugs are barred from grounds.

'Murder cases reopened in wake of Sally Challen appeal'

A number of murder cases are being re-examined to investigate possible unsafe convictions where coercive and controlling behaviour may not have been available as a defence, the Observer can reveal.

The Criminal Cases Review Commission began the painstaking work of sifting through 3,000 cold cases in the wake of the landmark case of Sally Challen, who was jailed for life after killing her abusive husband in 2010 but later had her murder conviction quashed in the wake of new, coercive control laws introduced in England and Wales. Fresh evidence that found she was suffering from two mental disorders at the time of the killing meant her case was returned to the court of appeal in 2019, and she walked free due to time already served after submitting a plea of manslaughter.

Now the CCRC is appealing to anyone who has had their case rejected by the court of appeal and believes they may have suffered a miscarriage of justice because coercive control – a sustained pattern of abuse intended to harm, punish or frighten – was not explored as a factor during their trial.

'CPS diversity declaration rule to put chambers under spotlight'

The Crown Prosecution Service (CPS) is to use a new annual online declaration by panel barristers of any protected characteristics to analyse the proportionality of case allocation and fee payments within chambers. Where the data reveals that barristers with a particular characteristic were underrepresented, the chambers involved would be asked to explain what measures were being taken to improve the situation.

Rebecca Lawrence, chief executive of the CPS, said understanding the diversity of the advocacy panel and “how it evolves over time” was “a critical part” of being able to measure progress. Writing on the Bar Council website, Ms Lawrence said the new diversity and inclusion statement launched by the CPS aimed to give barristers and chambers “a clear understanding of the role they, and their colleagues, are expected to play in respect of CPS casework”.