News
CBA AGFS Announcement
The CBA proposes that members consider the following actions to secure proper investment in the Criminal Justice system. The association cannot direct action, only advise and recommend. It is every barrister’s individual decision how to proceed in her or his professional affairs.
Refuse instructions on all cases subject to a representation order dated on or after 1st April 2018 and;
Take part with other organisations involved in the Criminal Justice system in targeted Days of Action to highlight the crisis in the system. Dates and details of such action will be notified to members privately and;
Consider escalating this action using other methods as decided on and advised by the CBA Executive Committee in due course.
Terrorism Definitive Guidelines
The Sentencing Council has issued new guidelines for Terrorism offences, effective from 27 April 2018. There are currently no Crown Court guidelines for these offences.
Arson and Criminal Damage Guidelines Consultation
The Sentencing Council is consulting on new draft guidelines for Arson and Criminal Damage. There are currently no Crown Court guidelines for these offences.
Release Under Investigation Concerns
Thousands of suspects in violent and sexual crimes have been released without conditions since changes to police bail came into effect, it has been reported. More than 3,000 people were released under investigation for offences such as murder and rape by 12 police forces over a three-month period, according to the BBC.
It comes after a 28-day limit on pre-charge bail came into effect last April, as part of a government shake-up aimed at ending the “injustice” of individuals being kept under a cloud of suspicion for long periods of time.
'Police should need warrant to download phone data'
At least 26 police forces in England and Wales have begun using new technology to extract data from phones. And Privacy International said there had been no public debate about the rapid rollout of this practice.
Privacy International said requiring a warrant, like those needed to search someone's home, would mean any police request to access phone data would be subject to independent judicial oversight.
Worboys Release Decision Overturned
A decision by the Parole Board to release the rapist John Worboys has been quashed, prompting the board's chairman Nick Hardwick to resign. The legal challenge by two victims was upheld by the High Court, and the Parole Board praised the "bravery" of the women who brought the action.
The judgment of the High Court is here. A statement from the Justice Secretary in response is here.
Cases
R v BM [2018] EWCA Crim 560
An interesting case about wounding with intent to do GBH under section 18 OAPA 1861 and consent - whether or not customers can consent to the removal of an ear, removal of a nipple, or the division of their tongue to produce an effect similar to that enjoyed by reptiles.
In short, we can see no good reason why body modification should be placed in a special category of exemption from the general rule that the consent of an individual to injury provides no defence to the person who inflicts that injury if the violence causes actual bodily harm or more serious injury.
Other
'Presumed innocent but behind bars – is remand overused in England and Wales?'
A review of existing literature combined with a survey of defence lawyers concludes that remands in custody are used by the courts too frequently.
The Criminal Procedure (Amendment) Rules 2018
Several amendments to the Criminal Procedure Rules take effect on Monday 2 April 2018.
A useful summary of the changes is available here.
The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018
The AGFS amendment regulations will come into effect on Sunday 1st April 2018, meaning that the new fee scheme will apply to any legal aid certificates dated from then onwards.
Obscurity
Pretending to be a Wildlife Inspector
Any person who, with intent to deceive, falsely pretends to be a wildlife inspector is guilty of an offence under section 19XB(4) of the Wildlife and Countryside Act 1981.