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A free weekly collection of criminal law links - for practitioners, law students, and anyone with an interest in the criminal justice system of England and Wales.
Curated by Sam Willis, a barrister at 5 King's Bench Walk.
News
'Justice secretary David Lammy clears first parliamentary hurdle to curtail jury trials'
Justice secretary David Lammy has cleared the first parliamentary hurdle in his race to curb jury trials – but the fight to defeat the more controversial elements of his criminal courts reform package are far from over. The Courts and Tribunals Bill passed its second reading yesterday, with 304 MPs voting in favour of it and 203 MPs voting against it. However, no vote was recorded for dozens of MPs, including 90 members of the Labour party, such as Karl Turner, who has vociferously opposed any curtailment on jury trials... The bill will now move to committee stage, where the legislation will be scrutinised in greater detail...
'Government launches new national Legal Advisors service for rape victims and expands Operation Soteria into the courtroom'
Rape victims will soon have access to dedicated legal advice throughout the criminal justice process as the Deputy Prime Minister today (Tuesday 10 March) announces a new national Independent Legal Advisor (ILA) service, while expanding the principles of Operation Soteria into the courtroom. Operation Soteria - launched in 2021 - has already transformed how police and prosecutors investigate rape by placing the suspect’s behaviour at the centre of cases rather than spotlighting the victims themselves. It did this through prioritising evidence about a suspect’s behaviour and patterns, and only seeking victims’ personal records where they are likely to hold substantial probative value.
The Government will now build on those reforms by ensuring the same approach is reflected when cases reach court. The Deputy Prime Minister has commissioned academic Professor Katrin Hohl to examine where courtroom practice can still place disproportionate scrutiny on victims and recommend improvements in training, guidance and best practice so that trials focus on the behaviour of the suspect.
The new Independent Legal Advisor service, backed by initial funding of £6 million over two years, will provide rape victims with specialist legal advice throughout investigations and prosecutions. Independent Legal Advisors will help victims understand their rights and challenge unnecessary requests for personal information such as counselling records, medical history or mobile phone data...
'New disruption unit launched in crackdown on fraud'
Fraudsters will be stopped in their tracks by a new online crime squad, set up to disrupt the gangs behind Britain’s most pervasive crime. Launching operations in April, the new Online Crime Centre will bring together specialists from the government, police, intelligence agencies, banks, mobile networks and major tech firms to drive co-ordinated action against fraud. It forms part of a new and expanded fraud strategy published today, which sets out how the government will disrupt fraudsters and protect the public – with £250 million invested over the next 3 years in the fight.
In a major upgrade to Britain’s defences, the police and companies that hold vital intelligence on scams will work side by side, sharing data instantly and building a single picture of global fraud networks. Backed by over £30 million in funding, the centre will identify the accounts, websites and phone numbers that organised crime groups rely on, and shut them down at scale – blocking scam texts, freezing criminal accounts, removing scam social media accounts and disrupting operations at source. It will go after the highest harm offenders, who are responsible for directing international operations to steal from hardworking Brits...
'Kneecap: Government loses appeal over quashed terror charge'
The UK government has lost its appeal over a judge's decision to throw out a terror charge against a member of the Irish language rap trio Kneecap. Liam Óg Ó hAnnaidh, known as Mo Chara, had been accused of showing support for proscribed organisation Hezbollah following a gig in London in 2024.
Last year, the case was thrown out over a legal timing issue, prompting the government's appeal. On Wednesday, judges at the High Court in London said the 28-year-old would not face a new terror trial after it rejected a Crown Prosecution Service (CPS) appeal. The judgement, which was published digitally by Lord Justice Edis and Mr Justice Linden, external, said it agreed with the chief magistrate's previous ruling that the charge against Ó hAnnaidh had been brought outside the six-month time limit...
Other
'FCA made 'significant errors of law' in seizing barrister's device'
The Financial Conduct Authority made 'significant errors' in obtaining a warrant to seize devices belonging to a barrister suspected of involvement in fraud, the High Court has found as it quashed a warrant. According to the judgment in GSX, R (on the application of) v The Crown Court at Southwark the FCA alleged that the barrister, referred to as GSX, was involved in fraudulent activity by an overseas company which he incorporated in 2018. He denies any wrongdoing, stating he provided advice in a professional capacity and was unaware of any fraudulent activity.
The FCA arranged for the warrant application, acknowledging that GSX’s devices would be likely to contain items subject to legal professional privilege, to be made to the Crown court. His Honour Judge Baumgartner, resident judge at Southwark, issued the warrant and GSX was arrested in 2024. In a judicial review judgment Lady Justice Yip, with whom Mr Justice Griffiths agreed, found that the FCA had relied on specialist counsel’s advice that the warrant application should be made under section 8 of the Police and Criminal Evidence Act 1984. The Metropolitan Police and the FCA now concede that, under s.8 a warrant 'cannot be granted...in respect of items where there are reasonable grounds for believing them to be subject to legal professional privilege’. The judges noted that 'a very experienced judge did not detect the legal errors in the application'. However, 'while he was misled by the way in which the application was presented, it would be harsh to criticise the interested parties for acting on counsel’s advice when there was no obvious basis to doubt it...