Issue 70

News

MPs Back Defendant Anonymity Law

MPs say they will push legislation in the new year that could prevent the type of public shaming of two innocent people arrested in relation to the Gatwick drone incidents.

Conservative MP Bob Neill, the chair of the justice select committee, said today he would work alongside colleagues Anna Soubry and Huw Merriman to support legislation, already laid in the House of Lords, in 2019.

The Bill currently in the House of Lords can be found here.

'Decline in community sentencing blamed on probation privatisation'

A sharp decline in the use of community sentences is due to trust breaking down between judges, magistrates and the probation service after privatisation, according to a study by a justice think tank.

Since 2011, there has been a 24% fall in the number of non-custodial sentences imposed in England and Wales at a time when Scottish courts are using them far more frequently.

Judges and magistrates remain largely unaware about what happens after they hand down a community sentence, the report, entitled Renewing Trust, says. Few of them witness the progress of, and compliance with, court orders.

The report can be found here.

Cases

R v Jones [2018] EWCA Crim 2816

We have no doubt that if the trial were to take place now, it would take a different form. First, the appellant would be very likely to receive the support and assistance of an intermediary both at the stage of police interviews and at trial. Second, the judge would direct the jury that they should take into account his learning difficulties when considering his evidence. Third, the cross-examination would have to take into account his learning difficulties.

Taking all these matters into account, and in, what we would wish to emphasise are the highly unusual circumstances of this case, we have concluded that the appellant's conviction cannot be regarded as safe. However, we would add that the circumstances in which new medical and psychological evidence can be successfully deployed many years after a trial in order to challenge a conviction are likely to be very rare.

International

'Short Scottish prison sentences to be scrapped next year'

Short prison sentences of 12 months or less in Scotland will be ended next year, the justice secretary has said, after it emerged that 1,000 Scots spent last Christmas in jail on short sentences.

Courts currently have a presumption against three months sentences in Scotland and Humza Yousaf made it clear this will be extended.

Other

'How can the UK avoid another year of knife crime?'

The most recent set of figures, from the Office for National Statistics (ONS) - covering the first six months of 2018 as well as the final half of 2017 - show that police recorded 39,332 offences involving a knife or sharp instrument, a 12% rise year-on-year, and the highest number since 2011.

Mr Javid believes there needs to be a "public health" approach to tackling knife crime and other serious violence by ensuring police, schools, local authorities and health care workers abide by a legal duty to take action to prevent it. Knife crime should be treated like a "disease", he has said.

'Everything we know suggests that the CPS was right to drop murder charge against John Broadhurst'

An interesting article exploring the outcome in R v John Broadhurst.

The case received a lot of media attention, for example: here, here, and here. The sentencing remarks can be read here.

Issue 70 29th December 2018