Issue 104  24th August 2019

‘127 courtrooms doing absolutely nothing’

Nearly half of 260 available courtrooms in Crown courts that would normally hear criminal cases are sitting idle today, according to figures compiled over 24 hours. Criminal barrister Jonathan Dunne, of KCH Garden Square in Leicester, told the Gazette that he was 'shocked' by the numbers he gathered from a 'homespun exercise' to see how bad the situation was across the country.

Chris Henley QC, chair of the Criminal Bar Association, said the latest figures are not unique to August. 'There is a deliberate and aggressive squeeze on court capacity by the government to save money. Judges are being told to stay at home or take extra holidays on full pay because so many courtrooms are shut. This is nothing to do with a lack of work. Cases are being listed well into next year because of the squeeze on capacity.' Courts are allocated sitting days. Henley said allocations have been cut by up to a third in many court centres over the past two years.

10 Prisons Project - Violence and Drugs Reduced

Violence and drug use at some of our most challenging prisons in England and Wales have fallen following a trailblazing year-long programme, Prisons Minister Lucy Frazer MP announced today (22 August 2019). The 10 Prisons Project was a ground-breaking attempt to turn around some of the most difficult jails through enhanced security, strong leadership and improved standards.

Statistics published today show an overall 16% reduction in assaults and a 50% reduction in positive drug tests across the 10 prisons. HMP Lindholme and HMP Isis both saw a 46% reduction in assaults, while drug use fell by 84% at Lindholme and 78% at HMP Wealstun. While not all 10 prisons saw an improvement, Ministers are encouraged by the significant overall reduction in violence and drugs and say evidence from the project is already being used to drive up standards across the estate.

Over 60% of SJP Defendants Never Enter a Plea

People accused of minor offences are increasingly ignoring fast-track court proceedings because they do not recognise they are at risk of being convicted, the Magistrates Association has said. Two-thirds of defendants sent summary offence notices under the single justice procedure (SJP) never enter a plea, according to the latest Ministry of Justice figures.

The high level of disengagement from the justice system is exposed as the process – which does not require court attendance – expands rapidly to cover hundreds of thousands of cases a year. The rulings, made by a single magistrate sitting with a legal adviser, cover lesser offences such as TV licence evasion, speeding, fare evasion and failing to tax a vehicle.

'Advocacy standards back on agenda as SRA seeks views on higher rights proposals'

Only solicitors holding a revised higher rights of audience qualification would be able to undertake advocacy in serious cases in the youth courts under proposals published for consultation by the Solicitors Regulation Authority today.

The consultation can be found here, and proposes:

requiring solicitors practising in the youth courts to have the criminal HRA qualification where they are acting as an advocate in any case which would go to the Crown Court if it involved an adult.

'Man cleared over burning Grenfell effigy film'

A man who filmed a cardboard effigy of Grenfell Tower being burned on a bonfire has been cleared of posting "grossly offensive" material. Prosecutors claimed footage recorded by Paul Bussetti at a London party was racist but the 47-year-old said it was a "joke" only shared between friends.

He was found not guilty after it was revealed a second video from the party had also been shared on WhatsApp... The prosecution's handling of evidence in the case was described as "appalling" by Chief Magistrate Emma Arbuthnot.

The judgment can be found here.