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
Queen's Speech 2019
My Government is committed to addressing violent crime, and to strengthening public confidence in the criminal justice system. New sentencing laws will see that the most serious offenders spend longer in custody to reflect better the severity of their crimes [Sentencing Bill]. Measures will be introduced to improve the justice system’s response to foreign national offenders [Foreign National Offenders Bill]. My Government will work to improve safety and security in prisons and to strengthen the rehabilitation of offenders. Proposals will be brought forward to ensure that victims receive the support they need and the justice they deserve. Laws will be introduced to ensure that the parole system recognises the pain to victims and their families caused by offenders refusing to disclose information relating to their crimes [Prisoners (Disclosure of Information About Victims) Bill].
A new duty will be placed on public sector bodies, ensuring they work together to address serious violence [Serious Violence Bill]. Police officers will be provided with the protections they need to keep the population safe [Police Protections Bill]. They will also be awarded the power to arrest individuals who are wanted by trusted international partners [Extradition (Provisional Arrest) Bill].
Queen’s Speech 2019 Explained
- A Sentencing Bill will change the automatic release point from halfway to two-thirds for adult offenders serving sentences of four years or more for serious violence or sexual offences.
- We will legislate to deal more effectively with foreign national offenders, increasing the maximum penalty for those who return to the UK in breach of a deportation order.
- Accelerating our plans to enshrine in law the support victims are entitled to; we will consult on a new Victims’ Law and publish a revised Victims’ Code early in 2020.
- New legislation will require the Parole Board to take into account an offender’s failure to disclose certain information about their crime - a version of Helen’s Law.
- A Serious Violence Bill will place a duty on public bodies across different sectors to work together and share data and information to identify and tackle early factors that can lead to crime, and put in place plans to prevent and reduce serious violence.
- A Police Protections Bill will support the police, establishing a Police Covenant that recognises their bravery, commitment and sacrifice.
- We will also legislate to empower police officers to immediately arrest someone they know is wanted for a serious crime committed in a trusted country, without having to apply to a court for a warrant first.
- We will take forward several measures to promote and protect animal welfare, including re-introducing the Animal Welfare (Sentencing) Bill to increase maximum sentences for animal cruelty. We will seek to improve the welfare of animals transported for slaughter, and ban the import and export of trophies from endangered animals.
Sentencing Guidelines for Public Order Offences
The Sentencing Council has published new guidelines to be used by judges and magistrates in England and Wales when sentencing offenders convicted of public order offences, following consultation.
The new guidelines, which come into effect on 1 January 2020, apply to existing public order offences, ranging from low level disorderly behaviour to widespread public disorder.
The guidelines cover the offences below, which are provided for by the Public Order Act 1986:
- Riot
- Violent disorder
- Affray
- Threatening or provocation of violence and the racially or religiously aggravated counterpart offences
- Disorderly behaviour with intent to cause harassment, alarm or distress and the racially or religiously aggravated counterpart offences
- Disorderly behaviour causing or likely to cause harassment, alarm or distress and the racially or religiously aggravated counterpart offences
- Offences relating to stirring up racial or religious hatred and hatred based on sexual orientation
'Court sitting days under review as backlog of cases rises' (£££)
Top mandarins at the Ministry of Justice appear to have accepted that cost-cutting to limit court sitting days has gone too far after the rise in the backlog of crown court cases. Susan Acland-Hood, chief executive of HM Courts and Tribunals Service, told the Commons’ public accounts committee that “having seen the number of cases tick up we are reviewing the sitting day allocation”. She said a review would be carried out by the ministry in conjunction with judges.
Cases
R v KC [2019] EWCA Crim 1632
Following the plea of guilty, the judge directed the jury to deliver guilty verdicts on counts 2, 3, 4 and 8, which they did. The case was then adjourned for the preparation of reports. At this point, the appellant contacted his solicitor indicating a desire to vacate his plea. He was advised that he could make an application, but he would have to instruct new solicitors to do so. New solicitors were instructed. The appellant was advised not to cooperate in the preparation of a pre-sentence report given that he, now, wished to vacate his plea of guilty. New counsel was instructed. Privilege in relation to the advice given by the new counsel has been obtained. Counsel has provided a detailed note to assist the Court. Counsel confirms that in his opinion the appellant had no power to apply to the court to vacate the pleas, having been convicted by a directed verdict of the jury. The counsel ventilated this conclusion before the judge who concurred with the position.
We turn now to the ground of appeal relating to the change of plea. There is no material dispute as to the law. A plea of guilty may be withdrawn at any stage before the passing of sentence. This has long been the law... In R v Plummer [1902] 2 KB 339, the Court stated that "there cannot be any doubt that the court had such power at any time before, though not after…" sentence. In S v Recorder of Manchester [1971] AC 481, it was held, in the context of a change of plea, that there was no conviction until sentence had been passed and that it followed that magistrates, like the Crown Court, could permit a change from guilty to not guilty provided that sentence had not been passed. In Dodd (1981) 74 Cr App R 50, the Court of Appeal endorsed three propositions advanced by counsel, namely: (i) That the court has a discretion to permit a defendant to change a plea of guilty to one of not guilty at any point in time prior to sentence; (ii) that discretion exists even where a plea is unequivocal; and (iii) the discretion to permit a change of plea must be exercised judicially...
It follows that counsel gave erroneous advice to the appellant when informing him that there was no scope for such an application to made; and the judge erred when he concurred in this conclusion.
Other
'Terminology does matter: believe the victim, investigative mindsets and unlearned lessons from miscarriages of justice'
On 18 December 2014, Detective Superintendent McDonald of the Metropolitan Police (MPS) declared to the media that ‘Nick’ had made “credible and true” allegations of child murder and horrific abuse against a deceased Prime Minister, current and former MPs, Peers, a Home Secretary, Heads of MI5 and MI6, and a D-Day hero and head of the armed forces. On 22 July 2019, ‘Nick’, now named as Carl Beech, was convicted of 12 counts of perverting the course of justice and one count of fraud, and sentenced to 18 years’ imprisonment. Irreparable damage was done to those wrongly accused and subjected to a deeply flawed investigation. As more of the unredacted review of Operation Midland of retired High Court Judge Sir Richard Henriques has been published, we know more about how this débacle came about. But have the lessons been learned?
Howard League for Penal Reform: Parmoor Lecture
Thank you for inviting me this evening, I am honoured to follow a long line of distinguished speakers, several of them friends of mine, and all of us admirers of the Howard League. In preparation for this evening I watched some of the videos of previous lectures. Introducing last year’s lecture, your Chief Executive Frances Crook captured the work of the Howard League ever since 1866 with these words ‘What do we do with people who transgress?’ Taking that lead, I aim to be clear this evening about my role as the nation’s chief prosecutor, on behalf of the CPS which I lead. At a time of national upheaval and some political uncertainty, the role of a properly-funded and fully independent prosecution authority is absolutely pivotal.
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