Issue 105  31st August 2019

The number of rape charges has decreased, despite an increase in the amount of rapes reported, data released today shows. The multi-agency Rape Monitoring Group (RMG) has published data showing how cases of rape were dealt with at all stages of the criminal justice system in 2017/18. The data covers every police force in England and Wales.

At a national level the data showed:

• The overall charge rate has decreased compared to the previous year, from 6.8% to 4.2%.
• The overall number of reported rapes has increased compared to the previous year, from 41,186 to 54,045.
• The number of incidents of rape which were not recorded as crimes (the N100 classification) has increased compared to the previous year, from 8,624 to 11,913.
• The number of cases referred to the Crown Prosecution Service for a charging decision has decreased compared to the previous year from 6,606 to 6,012.
• The number of suspects found guilty of rape has decreased compared to the previous year from 1,350 to 1,062.

The outgoing chair of the Criminal Bar Association (CBA) has criticised the senior judiciary for neglecting barristers’ wellbeing and preserving an environment that is ‘needlessly hostile to diversity and family life’. In his final message to CBA members, Chris Henley QC wrote: ‘It’s disappointing that the very modest requests for sensible email and sitting hours protocols, made both by the Bar Council and CBA, have so far been ignored. I have reluctantly concluded that we will have to wait for fresh blood at the top before we get the leadership on wellbeing issues we need and deserve.’

Professor Penney Lewis will replace Professor David Ormerod QC as the Commissioner for Criminal Law while Professor Sarah Green will replace Stephen Lewis as the Commissioner for Commercial and Common Law. Both will start on 01 January 2020.

The priorities for Professor Lewis and the team include recently announced projects to protect victims of abusive online communications and from the taking, making and sharing of intimate images without consent. Professor Lewis will also lead on the work to review the adequacy of protection offered by hate crime legislation and on the confiscation of the proceeds of crime. Professor Lewis has an international reputation in the relationship between law, medicine and science. She will be interested in working with Government and industry in these areas.

Several key pieces of justice-related legislation could be lost if the government pushes ahead with plans to prorogue parliament in the run-up to the Queen’s speech. Prime minister Boris Johnson confirmed today that he has spoken to the Queen to request an end to the current parliamentary session, the longest in modern history, in the second sitting week in September. A second session would begin with a Queen’s speech on 14 October. Prorogation would halt all parliamentary business, with bills yet to be given royal assent likely to fall away unless specifically carried over to the next session.

A 54-year-old technology consultant from London is believed to have established a legal landmark this month by becoming the first profoundly deaf person to sit on a jury in a crown court in England and Wales.

Matthew Johnston served on three trials during a two-week period at Blackfriars crown court, concluding last Thursday. He read subtitles from courtroom stenographers and relied on his lip-reading skills to participate in jury deliberations. Johnston has a small amount of hearing as a result of his cochlear implant, and is able to speak... After being convinced of Johnston’s ability to serve without hindrance, and discussions with a judge, the officials secured financing for a two-person team of stenographers to transcribe everything spoken in court, which Johnston read on a tablet device from the jury benches.

Practitioners fear that suspects in police detention are being denied proper access to justice following reports that a call centre system for defence solicitors has gone into 'meltdown'.

Under the Police and Criminal Evidence Act 1984, detainees are entitled to free and independent advice at any time while in police detention. However, solicitor Kerry Hudson, vice president of the London Criminal Courts Solicitors' Association, said police are struggling to log cases with the DSCC. She said: 'When they are getting through, we are hearing of delays of four or five hours between the police first call and the DSCC then contacting the solicitor. When they are contacting the solicitor, much of the key information is missing (including the detainee name in some cases) and the crucial DSCC reference number. Solicitors cannot get paid without obtaining this reference number within 48 hours of the event so some are refusing to attend through fear of not being remunerated. Cases are also being deployed to the wrong solicitors outside of the scheduled duty slots owing to the time delays.' Hudson warned that the system problems could affect cases that later go to court. For instance, an interview where the suspect was denied a solicitor at the police station could be excluded as inadmissible.