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
Firearms Sentencing Guidelines Consultation
The Sentencing Council has launched a public consultation on sentencing guidelines to be used by the Crown Court and magistrates’ courts in England and Wales when sentencing firearms offences... The aim of the guidelines, which will apply to adult offenders in England and Wales, is to ensure consistency in sentencing and appropriate sentence levels for the unlawful possession of firearms.
The consultation runs from 9 October 2019 to 14 January 2020.
Release Under Investigation Research
Tens of thousands of suspects are being released without bail conditions for unlimited periods, according to new research by the Law Society of England and Wales... Suspects, victims and witnesses are left waiting for months or even years for justice.
Key findings
- The use of release under investigation (RUI) has increased dramatically since changes were placed on the use of bail in 2017.
- The number of suspects released on bail has decreased dramatically – appearing to have been replaced almost entirely by RUI in some police authorities. In Thames Valley, the number released on bail between 2016 and 2017 was 13,768. But in 2017-2018 this fell to 379, as the number released under investigation rose to 11053.
- The average length of investigation is much longer than police bail. In Surrey, there is an average of 228 days. There’s no limit on how long investigations can last – and no requirement to give updates if or when the case will progress. This can cause much anxiety and distress for those involved – including victims.
9th Amendment to the Criminal Practice Directions 2015
This is the ninth amendment to the Criminal Practice Directions 2015. It is issued by the Lord Chief Justice on 10 October 2019 and will come into force on 14 October 2019.
Sections updated:
- CPDI General Matters ACCESS TO COURTS
- CPD VI Trial 26P: DEFENDANT’S RIGHT TO GIVE OR NOT TO GIVE EVIDENCE
- CPD VII Sentencing S: VARIATION OF SENTENCE
- CPD IX Appeal 39F: SKELETON ARGUMENTS
- CPD XI Other proceedings 50A: EXTRADITION: GENERAL MATTERS AND CASE MANAGEMENT
- CPD IX Appeal 39H: CRIMINAL APPEAL OFFICE BUNDLES & INDEXES FOR FULL COURT HEARINGS
- CPD XII General Application D: Citation of Authority AND PROVISION OF COPIES OF JUDGMENTS TO THE COURT AND SKELETON ARGUMENTS
- CPD XIII Listing Annex 3: CASES INVOLVING VERY LARGE FINES IN THE MAGISTRATES’ COURT
'Government publishes criminal court guidance for defendants'
A how-to guide designed to make the criminal court process more accessible and understandable for all has been produced by the Ministry of Justice.
International
Scottish Jury Research
Major research into how juries reach decisions has found that the size of the jury, the number of verdicts available and the type of majority required may all have an effect on the outcome of finely balanced trials.
The study of Scotland’s jury system, in which cases are heard by 15 jurors with a choice of three verdicts returned by a simple majority, suggests that:
- reducing jury size from 15 to 12, as is the norm in most English language jurisdictions, might lead to more individual jurors switching their position towards the majority view
- asking juries to reach a unanimous or near unanimous verdict might tilt more jurors in favour of acquittal
- removing the not proven verdict might incline more jurors towards a guilty verdict in finely balanced trials