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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
'Legal aid support package to help lawyers weather the coronavirus pandemic'
The government today unveiled a support package it claims will help legal aid practitioners weather the coronavirus pandemic while maintaining access to justice.
The Law Society welcomed the government’s efforts to help solicitors make payment claims earlier than they usually would. However, whether the response is adequate depends on how quickly the police and courts can find new ways of handling more routine work and maintain a volume of cases.
Amanda Pinto QC, chair of the Bar Council, said today’s measures ‘will have little impact on the many criminal legal aid barristers whose livelihood depends on conducting important criminal trials. The changes, albeit made in a spirit of helpfulness, will have no effect on the overwhelming majority of criminal barristers’.
'Press release on behalf of the Inns of Court'
The Inns of Court are conscious of the predicament in which many members of the Bar have been placed as a result of the current COVID-19 pandemic, and are working urgently on a package of measures to assist those most in need. These include:
- Participation in, and an immediate contribution towards, an emergency fund that is imminently being launched by the Barristers’ Benevolent Association to distribute funds to barristers in urgent need; and
- Hardship funds provided by each Inn, designed primarily to assist pupils and other junior barristers who are not eligible for either the Government assistance for the self-employed or for help from the BBA.
In addition, the Inns are taking measures to relieve hardship in relation to the rental obligations of Chambers on each Inn’s estate.
'SEC Leader's Update - 10.04.20'
This crisis has hit everyone and every family. In our “world”, all parts of the Bar are suffering, but some parts are weaker and more vulnerable than others to the financial shock caused by the lock down. In all areas of work we seek a route out, hoping that we can navigate through with a mixture of science and technology, and initiative and drive from all those who work in and around our courts and tribunals.
[The Common Video Platform] is something that will come to the fore in the days to come. It may help considerably. The hope is that remote trials will start in some Magistrates Courts by the end of this month. There is no technical reason why it could not be used in the Crown Court (and in other courts/ tribunals) but the practicalities present considerable challenges. I am delighted that testing what might be possible has already begun with some Crown Court Judges. The Bar will continue to do everything it can to support such initiatives. The Bar Council, CBA and Circuits are testing models and ideas for the way in which we might restart some jury trials. We would like to hear your ideas.
'UK crime agency loses case against ex-Kazakh president's family'
Britain’s National Crime Agency has lost a high court attempt to force the daughter and grandson of a former president of Kazakhstan to explain where they got the money to buy £80m of property in London. Last year, the NCA froze three of the family’s properties, including a mansion on north London’s so-called Billionaire’s Row with an underground swimming pool and cinema, over claims they were acquired using proceeds from unlawful activity.
On Wednesday, a high court judge granted an application to discharge the unexplained wealth orders. The NCA said it would appeal against the decision.
The judgment can be read here.
Recorder of London Appointed
Following the election by the Court of Aldermen of the City of London, Her Majesty The Queen has appointed the Chief Coroner, HHJ Mark Lucraft QC, as the next Recorder of London, the lead judge at the Central Criminal Court. Judge Lucraft QC will take on some of the responsibilities of leadership at the Old Bailey with immediate effect. However, in the light of pressures on the coronial system as a result of the current pandemic, Judge Lucraft QC will remain in post as the Chief Coroner.
International
'George Pell: Court quashes cardinal's sexual abuse convictions'
Cardinal George Pell has been freed from jail after Australia's highest court overturned his conviction for child sexual abuse. The former Vatican treasurer, 78, was the most senior Catholic figure ever jailed for such crimes. In 2018, a jury found he abused two boys in Melbourne in the 1990s. But the High Court of Australia quashed that verdict on Tuesday, bringing an immediate end to Cardinal Pell's six-year jail sentence.
The judgment can be found here.
Other
CPS COVID-19 and CTL Extension Guidance
The Covid-19 outbreak presents an unprecedented challenge for the Criminal Justice System in England and Wales. Cases may be adjourned for many weeks to a date for mention, not for trial, and when the eventual trial date may be unknown. This guidance is for use during the Coronavirus pandemic for the handling of cases that involve a Custody Time Limit (CTL) that will not result in a substantial custodial sentence. It is particularly relevant to cases being tried in the magistrates’ courts but may also be relevant to a small number of cases in the Crown Court.