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
'More courts listed to resume jury trials'
Following rigorous health and safety assessments, two more crown courts are listed to resume trials. This will bring the total number of courts hearing jury trials to 64, out of a total of 77 courts open. In addition, Prospero House, the first Nightingale court, established because of the COVID-19 pandemic, started to hear cases on 3 August.
- Worcester - 10 August 2020
- Shrewsbury - 10 August 2020
'Discount for early guilty pleas could be abolished'
Automatically discounted prison sentences for criminals who plead guilty at the earliest opportunity may be abolished in a bid to secure public confidence, it has been reported today.
Lord chancellor Robert Buckland QC is said to be studying proposals to end the current practice of giving convicted criminals a third off their sentences if they plead guilty the first time they are asked in court. It is believed that the policy is likely to initially focus on murder and manslaughter, but could be extended to other serious offences.
First Appearance Nationality Request Removed
The government has been forced into a U-turn over defendants being required to state their nationality at their first appearance before criminal courts. Senior judges and lawyers told ministers that collecting nationality information at the start of criminal cases breached privacy laws. Only defendants who are convicted and given a prison sentence will now be asked to give their nationality, for the purpose of possible deportation.
HM Courts & Tribunals Service emailed magistrates telling them to stop their legal advisers asking defendants their nationality ’with immediate effect’. This followed a decision by the Criminal Procedure Rule Committee, which is chaired by lord chief justice Lord Burnett of Maldon, that the collection of nationality information by the courts at the beginning of a case did not comply with the Data Protection Act 2018, as the detail was not necessary at that stage.
'Nightingale Court gets off to shaky start with delays and missing documents'
One of the first Nightingale Courts, opened to help tackle the mammoth backlog of criminal cases, got off to a shaky start, when legal files went missing, hearings had to be adjourned and the judge was forced to explain the lack of a dock to confused jurors.
Prospero House close to London Bridge is sitting as an extension to Southwark Crown Court, where two cases were listed on Monday morning. But both hearings had to be adjourned due to technical difficulties.
'Coronavirus: Suspect released as judge criticises crown courts backlog'
A judge has ordered that a suspected drug dealer be released from prison because a lack of courtrooms means he will not face trial until next year... Ministers have hired facilities at ten sites to create “Nightingale” courts but in an unusually outspoken criticism of the government, Judge Keith Raynor said that “many defendants in custody will not be tried until well into 2021”. He was speaking at Woolwich crown court in London during a hearing regarding Richard Graham, 49, who was arrested in December and charged.
'Pc Andrew Harper's widow launches campaign for full life jail terms for killers of emergency services workers'
Pc Andrew Harper's widow is launching a campaign for criminals convicted of killing emergency workers to spend the rest of their lives in jail. Lissie Harper is calling for "Andrew's Law" in memory of her husband that would see harsher punishments for anyone who kills a police officer, firefighter, nurse, doctor or paramedic.
Mrs Harper said: ... "I hope that by creating a new "Andrew’s Law" - that sees any person who commits a crime that results in the death of an emergency worker being jailed for life - that those that have to go through what I have been through in the future get the justice that they rightly deserve."
Cases
R v Ashford [2020] EWCA Crim 673
Breach of a sexual harm prevention order ("SHPO") or a sexual offences prevention order ("SOPO") is an offence punishable with imprisonment. It is not however an offence listed in either schedule 3 (sexual offences) or schedule 5 (other offences) to the Sexual Offences Act 2003. A court dealing with an offender for breach of an SHPO or SOPO therefore does not have the power to make a new SHPO...
In our view, it is to be inferred from the terms of section 103E that Parliament intended that a court should only have jurisdiction to vary an existing order if the application was made by one of the persons whom the section permits to make it, and made to the court prescribed by the section...
It follows from what we have said that the Crown Court does not have power under section 103E to vary, renew or discharge an SHPO which was made by an adult magistrates' court or a youth court. It does not, however, follow that in such circumstances there must always be a separate hearing in the magistrates' court or youth court. By section 66 of the Courts Act 2003 a Circuit Judge or Recorder has the powers of a District Judge (Magistrates' Courts) in relation to criminal causes and matters. Provided that an application under section 103E has been made to the prescribed court by one of the persons who is permitted to make it, a judge or recorder dealing with the defendant in the Crown Court may be invited to exercise the power of a District Judge (Magistrates' Courts) sitting in that prescribed court to grant a variation pursuant to section 103E...
The final situation which we must consider is that of an offender who has previously been sentenced for an offence listed in schedule 3 or schedule 5 and was made subject to a suspended sentence of imprisonment and an SHPO. If he is subsequently convicted of a breach of that SHPO and consequently falls to be dealt with for breach of the suspended sentence order, but is not also before the court for any offence listed in schedules 3 and 5, can the Crown Court make a fresh SHPO? In our view, it cannot.
Other
'Where next for post-COVID criminal justice? asks The Secret Barrister'
Something must be done or the much-vaunted ‘new normal’ will be taking place without us. The Secret Barrister boils down the critical issues into a five-point alternative recovery plan for criminal justice
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