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
Proposed Change to Automatic Release for Serious Offences
Legislation brought before Parliament today (22 January) will end the automatic half-way release for offenders sentenced for crimes such as rape, manslaughter and GBH. Instead they will be made to spend two-thirds of their sentence in prison, before being subject to strict licence conditions upon release.
As currently drafted, the Release of Prisoners Alteration of Relevant Proportion of Sentence Order 2019 will change the release point for those serving standard determinate sentences of 7 years or more where the maximum sentence is life to the two-thirds point. It will apply to any offenders sentenced from 1 April 2020.
'Tougher sentencing and monitoring in government overhaul of terrorism response'
Tougher sentences, an end to early release and a major review of the management of convicted terrorists are among a raft of measures to strengthen the UK’s response to terrorism, the government has announced today (Tuesday 21 January).
Confirmed by Home Secretary Priti Patel and Justice Secretary Robert Buckland QC, the new Counter-Terrorism Bill, to be introduced in the first 100 days of this government, will force dangerous terrorist offenders who receive extended determinate sentences to serve the whole time behind bars and ensure those convicted of serious offences such as preparing acts of terrorism or directing a terrorist organisation spend a mandatory minimum of 14 years in prison. It will also overhaul the terrorist licensing regime, doubling the number of specialist counter-terrorism probation officers and introducing measures such as polygraph testing.
Sentencing Guidelines Consultation - Driving Disqualifications
The Sentencing Council has launched a public consultation on proposed revisions to sentencing guidelines for driving offences disqualifications, breach of community orders and clarifications to some explanatory materials.
The proposed new guidance covers ‘totting up’ disqualifications, which are imposed when an offender incurs 12 or more points on their licence. Drivers can avoid disqualification if they successfully claim that not being able to drive would lead to “exceptional hardship”. The new guidance sets out clearly what the courts should have regard to when considering whether there are grounds to reduce or avoid a disqualification due to exceptional hardship...
Police Funding Increase
Today (Wednesday 22 January) the government has announced the biggest increase in funding for the police system in a decade. The amount of funding available to the policing system for 2020 to 2021 will increase by more than £1.1 billion, totalling £15.2 billion, if Police and Crime Commissioners (PCCs) take full advantage of flexibility to set the police precept. This represents an almost 10% increase on the core (resource) grant provided to forces last year, enabling the police to cut crime and deliver on the people’s priorities.
X-Ray Scanners for Prisons
Innovative new X-ray body scanners, developed specifically for the Prison Service, will produce instant images from inside the human body and can reveal internally concealed contraband, including drugs, mobile phones and weapons. The cutting-edge technology will be installed first at 16 local jails with high volumes of remand prisoners – posing the greatest risk of smuggling. The £28 million that will pay for X-ray scanners across the estate is being funded from the government’s bold £100 million package to boost security.
Cases
R v Gabbai [2019] EWCA Crim 2287
It was initially argued by the appellant that the evidence of false complaints of sexual assault and rape did not require a ruling under Section 41 YJCEA, as such material was not evidence of the previous sexual behaviour of the complainant. In essence, the distinction was between the account of previous sexual behaviour and the self-doubting account of ambiguity as to consent, and unreliable accounts of rape...
In our view, this evidence was of a striking nature, and relevant as suggestive of previous false accounts. The evidence that the complainant had doubted her own past suggestions of rape, and was 'Lying. Attention seeker" should have been admitted pursuant to s.100 CJA 2003. This provided an evidential foundation for a conclusion of falsity, of substantial importance in the case as a whole, and should have been before the jury...
The appellant seeks to advance two inter-related grounds regarding cross-admissibility... In our judgment, the jury was not entitled to find the counts mutually reinforcing. The similarity advanced was on the very limited basis that during rough sex the appellant went further than the complainant wanted. The suggested propensity was, as the prosecution had put it, 'losing control in the moment and/or exploiting his physical, dominant role in the sexual activity, paying little or no regard to the wishes of his sexual partner.' Each case turns upon its facts and the facts here were too widely distinct for cross-admissibility be left to the jury.
The position of the Crown was not contained in a notice, making it clear what they sought, in a manner to precipitate a conclusive argument on the point, in advance of closing speeches. There was no discussion with the judge at that point. This Court was informed that the fact the judge proposed to leave cross-admissibility to the jury only emerged during the first day of the summing-up, 4 April... The service of a bad character notice should and would have the effect of ensuring this issue is approached in a coherent and timely way.
Other
Report on 'separation of children in young offender institutions'
This inspection investigated outcomes for children separated from their peers in the five young offender institutions (YOIs) in England and Wales. There are a variety of words used to describe situations where children are unable to mix with their peers or attend activities in the normal way. For the sake of clarity, we have used the term ‘separation’ to cover all of these throughout the report.
During the course of this inspection we carried out 85 interviews with separated children and the staff responsible for their care. We also looked in detail at the cases of 57 separated children. The findings are a cause for significant concern.
This Doesn't Look Like Justice - Western Circuit
The Leader of the Western Circuit, Kate Brunner QC, has, alongside Anna Midgley and Holly Rust compiled a report, This Doesn’t Look Like Justice, showing how justice is being denied to victims and their families, as well as all other users of the criminal justice system.
The report can be read here.
'Rough sex murder defence: Why campaigners want it banned'
Campaigners say men are increasingly using the "rough sex" defence to try to get away with murdering women. They want the law changed to prevent such a defence and have the support of two MPs. But what difference would it make?