Issue 372  16th November 2024

'Innovation and international comparisons front and centre of Sentencing Review'

Technological innovations and international prison policies are among things being studied as part of the government’s Sentencing Review... The review, which aims to end the crisis in our prisons and make sure the country always has the prisons space needed to keep people safe, will consider how other jurisdictions who have faced similar capacity challenges have been able to tackle rising prison populations and reducing reoffending.

To ensure the review considers all aspects of the justice system, including the impact of changes on victims, an expert panel has been appointed to support independent chair David Gauke. This includes former Chief Executives of the Crown Prosecution Service, Peter Lewis and HMPPS, Michael Spurr, as well as former Lord Chief Justice Lord Burnett and Executive Director of End Violence Against Women Andrea Simon.

The review will be further informed by a call for evidence launched today [14 November 2024] with academics, experts and the public encouraged to share ideas for innovation and reform over the next eight weeks...

The review will submit its findings in full to the Lord Chancellor by Spring 2025... The seven key themes the call for evidence will explore are:

• History and Trends in sentencing
• The Structure of sentencing
• The use of technology within sentencing
• Community sentences
• Custodial sentences
• The progression of custodial sentences
• The individual needs of victims and offenders

The call for evidence can be found here.

Recorder Appointments

The King has appointed 97 Recorders on the advice of the Lord Chancellor, The Right Honourable Shabana Mahmood MP, and the Lady Chief Justice of England and Wales, the Right Honourable the Baroness Carr of Walton-on-the-Hill. The appointments will take effect on 18 November 2024.  The Lady Chief Justice has deployed the Recorders as follows:...

'£24 million boost for criminal legal aid to support most vulnerable'

Criminal legal aid will be bolstered by £24 million, as part of government work to tackle crisis in the justice system and keep courts running... The Lord Chancellor, Shabana Mahmood, confirmed that solicitors who work in police stations and Youth Courts will be backed with additional funding, helping to address ongoing challenges in the criminal justice system. This includes a £18.5 million boost for legal aid work undertaken in police stations. Access to justice is a cornerstone of our justice system and is fundamental to getting criminal cases through the courts and getting our justice system moving again. There will also be an additional £5.1 million invested in Youth Court legal aid work for the most serious offences, to reflect the severity and complexity involved. Alongside this, solicitors who work or commute to work in areas with fewer than 2 legal aid providers, as well as the Isle of Wight, will have their travel time reimbursed. These measures will begin to stabilise the legal aid sector that has been left in dire straits. They mark start of this government’s work to support the sustainability of the justice system both now and in future...

'Rail fares: Government to order review of prosecutions'

The government is set to order an independent review of rail fare prosecutions and enforcement by train companies following reports of disproportionate action against passengers by revenue protection teams. The BBC understands that Transport Secretary Louise Haigh will ask the Office for Rail and Road to look at how fare evasion is dealt with. Train operators have a number of tools to deal with passengers who have underpaid or not bought a ticket at all. It is understood that while the government is not seeking to strip firms of powers to prosecute criminals who deliberately avoid paying, there has been growing discomfort at action being taken against people who have made innocent mistakes. The most serious sanction is prosecution for fare evasion, which can land passengers with a magistrates court appearance and a serious criminal record. The independent review the government is expected to announce will examine how clear ticketing terms and conditions are and how they are communicated to train users. A key question for the Office for Rail and Road will be when prosecution is the right step...

Last month, government-owned Northern dropped all action against engineering graduate Sam Williamson, who was reported to the operator's prosecutions and debt recovery department for using his 16-25 railcard for travel on a service to Manchester. Mr Williamson faced prosecution for paying £1.90 less than he should have done despite admitting his error and offering to pay a fine or a new fare, prompting widespread criticism of Northern. The Department for Transport instructed the company to review its ticketing policy to ensure it was clear and fair to passengers and asked it to examine details of similar cases. Northern responded by withdrawing all live prosecutions against those pursued in similar circumstances and promised to review historical cases...

'Reduced capacity at London Crown court only temporary, says Ministry of Justice'

Reports that a London Crown court is closing a third of its courtrooms due to cuts are incorrect, the Ministry of Justice has said. However, this will do little to allay fears about the state of the criminal justice system after it emerged that a Crown court in Cornwall will be sitting for fewer days until March, a magistrates’ court in the Midlands is closed until January, and a magistrates’ court in Gloucestershire has a leaky roof... However, the Ministry of Justice told the Gazette the situation at Woolwich is temporary and due to three judges being on leave at the same time. Woolwich will sit six courtrooms today and tomorrow, seven for the rest of the week, and return to full capacity next week, the department said...

Meawhile, the BBC today reported that Truro Crown Court will be operating four days a week until March as part of government efforts to reduce spending. HM Courts & Tribunals Service also revealed in its latest weekly update that Wolverhampton Magistrates’ Court will be closed until January while ‘essential heating works’ take place. Cases have been moved to courts within the Black Country and wider region...