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
Evenings and Weekends in the Crown Court
Judicially-led working groups for each jurisdiction are working through the plans for extended operating hours, while alongside this we’ve already identified a number of additional buildings (“Blackstone Courts”), the first of which you will see announced very soon. These extra locations, which will deal with non-custodial work, will be a variety of building types – from former courts to local authority and other public buildings, as well as some commercial hires, such as conference venues...
...if we assume that we use Blackstone courts for all our non-custodial Crown cases, and move from 2 metre to 1 metre social distancing everywhere (both stretching assumptions), then even with extended hours added on, there is still work to be done to get us to pre-pandemic levels...
So we need extended hours, even if we do everything else we can to the full. The constraint on us is space; and extended hours lets us do more in the limited space we have (and indeed in the new space we add). We also can’t wait, and do everything else first before we start extended hours – apart from anything else, as we seek funding for extra court space, we will need to be able to show that we’ve made the most of what we’ve got already. So it’s not an either/or between extended hours and new buildings – it’s both/and.
'Police watchdog to investigate whether force is institutionally racist'
An investigation is being launched into whether police officers across England and Wales racially discriminate against ethnic minorities, and to establish whether there are “systemic issues which should be addressed”... The Independent Office for Police Conduct (IOPC) said it will launch its probe in the coming months, and will review cases to determine whether a pattern of racial bias exists.
Concerns have been raised over potential racial bias in the ranks following a string of high-profile cases, including that of Team GB athlete Bianca Williams.
'More than 160 cases of coaches engaging in legal sexual activity with teens, FOI request shows'
There were more than 160 cases of sports coaches engaging in sexual activity with a 16- or 17-year-old in their care since 2016, a BBC investigation has found - prompting campaigners to say the law must be changed "urgently". Victims, MPs and the NSPCC have renewed calls for a legal "loophole" to be closed to ban anyone holding a position of responsibility over a child from having a sexual relationship with them.
It is illegal for certain professions, including teachers and doctors, to engage in sexual activity with children, even if they are over the age of consent. However, the Sexual Offences Act does not extend to sports coaches. The Ministry of Justice is carrying out a review of the legislation, and says it will outline its plans "in due course", but Sarah Champion MP said the figures obtained by the BBC were "irrefutable" evidence that the law needs to be changed "immediately".
'Start prosecuting shoplifters who steal less than £200, Home Office tells police'
The government is to tell chief constables to prosecute shoplifters stealing less than £200 after complaints from retailers that the police are no longer interested in smaller scale thefts. It will also review legislation which gives the impression that police are not interested in investigating such low level crime.
'Proposals for sentencing guidelines for unauthorised use of a trade mark published'
The Sentencing Council has launched a consultation on new guidelines for sentencing offenders for using a trade mark without the owner’s consent. The new guideline will apply to both individuals and organisations in England and Wales. The new guideline will replace the current guideline published in 2008, which is used in magistrates’ courts and applies to individuals only. The Council is seeking views on the draft guidelines from judges, magistrates and others with an interest in this area.
The consultation can be accessed here and is open until 30 September 2020.
International
McGIRT v. OKLAHOMA
On the far end of the Trail of Tears was a promise. Forced to leave their ancestral lands in Georgia and Alabama, the Creek Nation received assurances that their new lands in the West would be secure forever. In exchange for ceding “all their land, East of the Mississippi river,” the U. S. government agreed by treaty that “[t]he Creek country west of the Mississippi shall be solemnly guarantied to the Creek Indians.” Treaty With the Creeks, Arts. I, XIV, Mar. 24, 1832, 7 Stat. 366, 368 (1832 Treaty). Both parties settled on boundary lines for a new and “permanent home to the whole Creek nation,” located in what is now Oklahoma. Treaty With the Creeks, preamble, Feb. 14, 1833, 7 Stat. 418 (1833 Treaty). The government further promised that “[no] State or Territory [shall] ever have a right to pass laws for the government of such Indians, but they shall be allowed to govern themselves.” 1832 Treaty, Art. XIV, 7 Stat. 368.
Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said other- wise, we hold the government to its word.
Sponsored
Crime QRH (Quick Reference Handbook)
Crime QRH is an easy to use guide to criminal offences in England and Wales for use by criminal lawyers and court advocates. It's a searchable database of offences, providing quick access to key details:
- maximum sentence
- class of offence (including grave crimes)
- sentencing guidelines
- statutory provision
- page references to Archbold and Blackstones
- mandatory minimum sentences
- dangerousness provisions
- obligatory/discretionary driving disqualifications and endorsements
- availability of SHPOs, SCPOs, Unduly Lenient Sentence referrals, SOA Notification Requirements, and POCA