About
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
'PM launches sentencing review to look at most dangerous and prolific offenders'
An urgent review of sentencing policy has been ordered by the Prime Minister today (12 August 2019), to ensure the public are properly protected from the most dangerous criminals.
The review will look at: sentencing for the most serious violent and sexual offenders, the rules governing when and how these offenders are released, and sentencing of the most prolific offenders... It will consider whether changes in legislation are needed to lock them up for longer – by not letting them out part-way through a sentence. It will also look at how to break the cycle of repeat offenders.
'PM vows to get tough on crime as he gives £85m to CPS'
The £85m for the CPS is to 'build capacity and manage caseloads'. Solicitor-general Michael Ellis QC MP, the minister responsible for the CPS, said the extra cash will ensure the 'demand-led' organisation continues to be equipped to deal with an increase in cases brought by the police, including the extra 20,000 police officers that Johnson has pledged to recruit over the next three years.
However, criminal law specialists were quick to point out that the CPS has suffered huge cuts over the past few years. Solicitor Louise Hodges, head of the criminal litigation team at London firm Kingsley Napley, said the CPS has been hit hard with a 34% decline in its budget between 2008 and 2018 'whilst at the same time managing an explosion in digital evidence straining an already-stretched resource'.
£100m to Reduce Crime in Prisons
Prison security will be boosted by a £100 million investment as part of a crackdown on crime behind bars, the government announced today (13 August 2019).
Tough airport-style security, including X-ray scanners and metal detectors, will be put into prisons across the estate to clamp down on the drugs, weapons and mobile phones that increase the risk to our officers and hinder rehabilitation. Cutting-edge technology to detect and block mobile phones will be brought in to better identify and stop those who seek to organise drug supply or harass victims from the prison wings.
Stop and Search Restrictions Lifted
Home Secretary Priti Patel today (11 August) empowered more than 8,000 police officers to authorise enhanced stop and search powers, as part of Government efforts to crack down on violent crime... The nationwide pilot has been extended from a smaller pilot within the seven forces worst affected by knife crime, following an urgent review commissioned by the Prime Minister.
The rollout will see the Home Secretary lift all conditions in the voluntary Best Use of Stop and Search Scheme over the use of Section 60 by:
- reducing the level of authorisation needed for officers to deploy and extend Section 60 from senior officers to inspectors and superintendents
- lowering the degree of certainty required by the authorising officer so they must reasonably believe an incident involving serious violence ‘may’, rather than ‘will’, occur
- extending the initial period a Section 60 can be in force from 15 hours to 24, and extending the overall period an extension can be in place from 39 to 48 hours
Knife Crime Prevention Orders (KCPOs) Guidance Consultation
We would like you to share your thoughts with us on the draft guidance we’ve produced in relation to the operation of, and application for, new Knife Crime Prevention Orders (KCPOs).
The Offensive Weapons Act 2019 introduces Knife Crime Prevention Orders (KCPOs). These new preventative civil Orders will be an additional tool that the police will be able to use to work with young people and adults to encourage them to help steer them away from knife crime and serious violence.
The consultation closes at 11:45pm on 25 September 2019.
Cases
R v Duarte & Anor [2019] EWCA Crim 1466
...On that basis, it was submitted, the prosecution were entitled to adduce the evidence which was served after receipt of the defence statement, with a view to inviting the jury to conclude that Duarte had only changed his defence once a denial of identification became untenable, and to adduce the defence statement with a view to inviting an inference by the jury in accordance with section 11(5) of the Criminal Procedure and Investigations Act 1996.
As can be seen, where section 11(2) applies, the available sanctions are comment by the court or another party, and the drawing by the jury of an adverse inference. Section 11(2) will commonly apply where a defendant has given evidence and has put forward a defence which differs from that in his defence statement. We are however satisfied that if section 11(2) applies, the prosecution are in principle entitled to comment, or to invite the jury to draw an adverse inference, even though the defendant has not given evidence. We agree with the respondent's submission that it inevitably follows that the prosecution may apply to adduce the relevant contents of a defence statement, and/or may apply pursuant to section 6E(5)(b) of the 1996 Act to provide the jury with a copy of the defence statement (edited as may be appropriate), as part of their case. Where it is not clear during the prosecution case whether a defendant will in due course give evidence, it may be possible for agreement to be reached between the parties, and approved by the judge, to the effect that the prosecution will be entitled to delay the formal closing of their case until after the defendant has made a final decision whether to give evidence, or to re-open their case at that stage for the sole purpose of adducing the relevant contents of the defence statement; but subject to an arrangement of that nature, it will in general be too late for the prosecution to delay making any application until after a defendant has stated through counsel that he will not be giving evidence.
Before leaving Duarte's case, we observe that the problems which we have identified illustrate the care which must be taken when the prosecution seek as part of their case to adduce some or all of the contents of a defence statement filed by a defendant who may or may not subsequently give evidence. There will, of course, be cases in which such an application is appropriate; but a cautious approach should be adopted. Before an application is made on the basis of a change of defence, relying on a contrast between what was said in the defence statement and what has been put in cross-examination of prosecution witnesses, the question of whether the jury could properly find that there had been such a change by the defendant may require close attention. The identification of an issue will not necessarily involve a positive assertion of fact by the defendant, and fairness may require consideration of the extent to which the defendant relied on advice as to whether a particular legal issue should be identified. That, in turn, may raise difficult issues of legal professional privilege. Further, if application is made for a copy of the defence statement to go before the jury, it will be necessary to focus on precisely how the criteria in section 6E(5)(b) of the 1996 Act are said to be satisfied.
Other
Map of Drug Crime
Drug crime is increasing in many small towns and villages even as it falls significantly in city centres, the BBC has found. Police data shows drug crimes in England and Wales have fallen by more than 50,000 in the past five years. But national averages hide a major shift in where drug crimes are being committed.
'What Police And Lawyers Think Of Boris Johnson's Policing Pledge'
Boris Johnson’s bold pledge to restore law and order by putting 20,000 lost police officers back on the streets is almost impossible to deliver, according to those working in a criminal justice system that has been stripped bare by successive coalition and Conservative governments over the past decade.
Those we spoke to identified three significant issues. First, the fact that recent cuts have made police training and recruitment a huge challenge. Second, a broken court and prison system which would be unable to handle a significant rise in arrests. Third, when it comes to crime, police boots on the ground are simply one aspect of the approach the government requires and will have little impact without investment in other areas.
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