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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
Coronavirus (COVID-19)
During the current phase of the coronavirus outbreak, the business of our courts and tribunals continues. Any changes to individual hearings will be communicated directly to those affected in the usual way, usually by email and/or phone.
As long as you, or a member of your party, do not have confirmed or possible coronavirus (COVID-19) infection, you should continue to use courts and tribunals as usual. This includes those attending for jury service... However, if you, or a member of your party, do have confirmed or possible coronavirus (COVID-19) infection, you should contact the court or tribunal in which the hearing is due to take place.
'Coronavirus would spread like wildfire if outbreak hit UK prisons, experts warn'
The Howard League for Penal Reform, a leading prisons charity, has written to the Ministry of Justice (MoJ) demanding a statement on precautions being taken to protect people in prison, and thereby the wider population, from coronavirus – warning that “unhygienic” prisons where even soap is frequently impossible to obtain – could be a “centre for spreading the virus into the community”.
Emergency Plan for Prisons
The government is drawing up emergency plans to avoid disruption in England's prisons, with unions saying prison officers face "unprecedented" challenges.
The Prison Officers Association has compared conditions in England's prisons to those found on cruise ships and the Prison Governors Association has said cases of the virus are inevitable. BBC News has seen advice issued to prisons, which says inmates who had contact with a known coronavirus patient should be isolated in single accommodation.
Budget 2020
Domestic violence prevention – The government is providing £10 million in 2020-21 for innovative new approaches to preventing domestic abuse, working with Police and Crime Commissioners to expand projects like the “Drive” prevention programme.
Domestic abuse courts – The government will provide an additional £5 million to begin a trial of integrated domestic abuse courts in England and Wales.
Royal Commission on the Criminal Justice process – The government will provide an additional £3 million to launch a Royal Commission on the Criminal Justice process in England and Wales.
Community sentences – The government will provide an additional £68.5 million to strengthen community sentences in England and Wales, including by increasing the number of offenders who are required to wear an electronic tag.
Victim support – The government will provide an additional £15 million to improve the justice system’s offer to victims. This will boost the support available to victims of rape, and create a new digital hub to make the criminal justice process in England and Wales easier to understand.
Prison maintenance – The government will provide an additional £156 million in 2020-21 to tackle prison maintenance issues, helping to maintain prison operating capacity and improve conditions for those living and working in prisons in England and Wales.
Youth Violence – The government is providing £5 million in 2020-21 to support the creation of a Centre of Excellence for Tackling Youth Violence.
Economic crime levy – The government intends to introduce a levy to be paid by firms subject to the Money Laundering Regulations to help fund new government action to tackle money laundering and ensure delivery of the reforms committed to in the Economic Crime Plan.
'Legal aid fees: MoJ offer to receive resounding no'
The government is expected to be told 'enough is enough' by solicitors at a roundtable discussion tomorrow on criminal legal aid fees. The Ministry of Justice said up to £50m was on offer when, on 28 February, it unveiled the first tranche of proposals since commencing a review of fee schemes over a year ago.
Cases
Iqbal, R (on the application of) v The Crown Court at Canterbury & Ors [2020] EWHC 452 (Admin)
On 16 August 2019, he received a postal requisition at his home informing him that he was charged with an offence of drug importation and requiring him to attend Folkestone Magistrates' Court on 18 September 2019 to answer the charge. The Claimant duly attended on 18 September 2019. The CPS on that occasion objected to bail and the Claimant was remanded in custody by DJ Barron. The matter was then sent to the Crown Court for a plea and directions hearing on 20 September 2019. A "judge in chambers" application was then made on that day before the Judge. A surety of £15,000 was offered on behalf of the Claimant...
As referred to in paragraph 23 above, the Court was told that defence solicitors currently advise their clients that, if they are released under investigation and then receive a postal requisition, they will not be remanded in custody if they comply (and have in the past complied) with all attendance requirements, absent a material change in circumstances. If this is indeed a practice, there is no proper or principled basis for it. The full history and background will be taken into account by a court, as was the case here, but there can never be any guarantee of bail once a defendant is charged.
Other
Obsolete Court IT
A critical crown court IT system and thousands of laptops used by the UK's Ministry of Justice run on Microsoft's obsolete and unsupported Windows XP operating system, The Register can reveal.