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
'Latest court listed to resume jury trials'
Newcastle Crown Court is scheduled to resume them on Tuesday 1 September 2020. This will bring the total number of courts hearing jury trials to 67, out of a total of 77 courts open.
Recovery in the Crown Court
Since May, when jury trials resumed, more than 690 jury trials have been listed and disposed of. From this week, jury trials will be taking place in 66 Crown Court buildings and two Nightingale Courts (Prospero House and Swansea Civic Centre); 93 courtrooms are available for jury trials and we expect this to increase to 100 usable jury trial rooms by the end of August...
So far, we’ve identified almost 200 courtrooms and 59 retiring rooms which would benefit from screens. Those for juries have already been installed in one courtroom in Leeds and three in Liverpool and an ambitious rolling programme of works is underway. By the end of October, we expect to have rapidly increased capacity, thanks to installation of the screens in around 250 court and retiring rooms...
The approach being tested in the Crown court, starting at Liverpool Crown Court last week, involves a minimum of two court rooms operating jury trials in the same court centre. In one courtroom, two lists will operate: one in the morning and a second list in the afternoon, Monday to Friday. Alongside this, a ‘standard hours’ court will operate. This will ensure that if, for any reason, a case is unsuitable for the earlier or later session court, it can still be listed in the usual way...
'Teenage murderers face longer jail terms under Ellie’s law'
Teenage killers aged 15 or over will be handed longer jail terms under changes to the sentencing regime for youth offenders being considered by the Justice Secretary, The Telegraph can reveal. Robert Buckland is likely to propose increasing the starting point for determining sentences for 15-17 year olds who commit murder from a minimum of 12 years under plans expected to be unveiled next month. The new changes are likely to be referred to as “Ellie’s law” after teenage victim Ellie Gould, whose family have pushed for tougher sentences for older adolescents after she was murdered in 2019 by her then 17-year-old boyfriend...
At present the starting point for murderers aged under 18 who are convicted or who plead guilty to murder is 12 years, as opposed to 15 years for adults. However, ministers are looking to introduce a “more graded approach”, which would see the starting point for murder sentences for over 15s moved closer to the adult sentencing regime...
The Ministry of Justice is also due to put forward changes to ensure child murderers face life imprisonment without parole, as set out in the Conservative Party’s 2019 manifesto.
'Coronavirus: New £10,000 fines for organisers of illegal raves from Friday'
Police in England will be able to fine organisers of illegal gatherings of more than 30 people such as raves up to £10,000 from Friday, ministers say. Those who attend gatherings and those who do not wear face coverings where it is mandatory can be given a £100 fine, doubling on each offence up to £3,200...
The government first unveiled plans for tougher penalties for those breaking coronavirus rules earlier this month. Details of the stricter rules come after extra restrictions to stem the spread of Covid-19 were introduced in north-west England.
HMCTS CEO at Department for Education
HM Courts & Tribunals Service chief executive Susan Acland-Hood could remain at the Department for Education for longer than expected. The government today announced that Jonathan Slater, permanent secretary at the DfE, will stand down on 1 September. Acland-Hood, who was appointed interim second permanent secretary last Friday, will take over as acting permanent secretary
Acland-Hood's sojourn to education was meant to be for only six weeks. She was brought in to support the DfE's response to exam results. HMCTS deputy chief executive Kevin Sadler is currently leading the courts and tribunals team. The Gazette asked the Ministry of Justice whether Acland-Hood will remain at the DfE longer than expected in light of her new role and was told that it is still six weeks at the moment.
Cases
London Borough of Islington, R (On the Application Of) v Bajaj [2020] EWCA Crim 1111
This is a most unusual case. The prosecutor, Islington Borough Council, applies for leave to appeal under s.31 and s.89 (1) of the Proceeds of Crime Act 2002 ("the 2002 Act") against a confiscation order made by HH Judge Peter Clarke QC, sitting in the Reading Crown Court, on 18 May 2020. The amount of the confiscation order was £200. The underlying criminal context was breaches of various regulations relating to the management of Houses in Multiple Occupancy. The essential point sought to be raised is that the judge misappraised the benefit obtained by the respondent, Arun Bajaj. It is said that there should have been included in the benefit an amount, said to run to several hundreds of thousands of pounds, equal to the value of the pecuniary advantage said to have been obtained by reason of the respondent not properly housing the affected occupants of his property...
Of course avoiding or deferring payment of costs which a defendant otherwise may be lawfully obliged to pay is capable, in an appropriate case, of being a pecuniary advantage within the ambit of s.76: see, by way of example, Morgan [2013] EWCA Crim 1307, [2014] 1 WLR 145. But in the present case the short point is that the respondent was under no lawful obligation to house these 12 occupants at all. On the contrary, he was under a lawful obligation not to house them at 190A/190B Seven Sisters Road at all. It is, in our judgment, wholly artificial, in such circumstances, to attribute to him as a pecuniary advantage the notional capital cost of acquiring or building a property with a view to properly housing those 12 occupants, when he had no obligation to house them...
International
'UK supreme court ruling clears way for Isis pair to be tried in US'
A US trial of two members of Islamic State accused of taking part in the beheading of hostages appears likely to go ahead, following a legal ruling that allows the UK to share evidence with US prosecutors. Britain’s supreme court said on Wednesday that a stay preventing the Home Office from supplying intelligence relating to Alexanda Kotey and El Shafee Elsheikh must be lifted after the US said it would drop death penalty charges against them...
Kotey, 36, and Elsheikh, 32, two members of a notorious gang of four Britons that hostages nicknamed “the Beatles”, left the UK to join Isis soon after it emerged in Syria and Iraq. They have been accused of involvement in the gruesome killings of four US citizens and two Britons, which were filmed and broadcast online six years ago.
Other
'Video enabled criminal hearings: guidance for defence practitioners'
All video enabled criminal hearings will be hosted using Cloud Video Platform (CVP), which allows participants to appear in court remotely by video link using laptops, tablets, and other internet enabled devices. Video enabled hearings are being held to enable courts to continue functioning during the coronavirus outbreak...
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