Issue 164  17th October 2020

'Latest court sites listed to resume jury trials'

Following rigorous health and safety assessments, one further Nightingale Court (Chester Town Hall) will start jury trials from next week bringing the total number of Nightingale Courts running jury trials to 5. No existing Crown Court sites are restarting jury trials next week. The number of courts that have restarted jury trials therefore remains at 77.

'HMCTS: don't come to court if you have Covid'

HM Courts & Tribunals Service has told court users with coronavirus symptoms not to come to court despite acknowledging that the law permits people in England to break self-isolation rules. Health protection regulations which came into force in England last month state that people who test positive for Covid-19 or have had close contact with someone who has tested positive for the coronavirus after 28 September must self-isolate. A person can come out of self-isolation ‘to fulfil a legal obligation, including attending court or satisfying bail conditions, or participating in legal proceedings’...

HMCTS says in its update: ‘Please contact the court or tribunal before you are due to attend so that suitable arrangements can be made for your hearing… While public health legislation allows those involved in legal proceedings to come out of self-isolation when necessary, you must consult with the court or tribunal first who will consider and decide on appropriate arrangements.’

Updated Covid AGFS Guidance for Cracked Trials

Clarification is needed where cases crack following effective first hearings where a not guilty plea is entered, but no trial date has been listed due to COVID-19. Where this happens, the LAA will pay the basic fee that applies where the trial cracks in the final third. This applies in cases with a representation order dated on or before 16 September 2020.

Cracked trials in cases with a representation order dated on or after 17 September 2020 are automatically entitled to the fee for a cracked trial. This is the equivalent of a basic trial fee for advocates, regardless of whether a date has been listed for trial.

'Pilot unit set up to improve NHS frontline assault prosecution rate'

An operation has been launched to improve the prosecution rates of criminals who assault frontline staff. Those on the NHS frontline are three times more likely to be assaulted than those in other professions but the prosecution rate is just seven per cent.

London Ambulance Service recorded 260 physical attacks on staff between April and August, with 172 of these including kicking, punching, head-butting and biting. Now a pilot unit called Operation Cavell, made up of the Met Police, NHS and CPS, has been set up to tackle the problem. It will ensure senior investigators review all crimes against NHS workers and use the experience of specialised police investigators.

Modern Slavery Sentencing Guidelines Consultation

The Council has launched a consultation on proposed guidelines for sentencing offenders convicted of modern slavery offences, including slavery, servitude, compulsory labour and trafficking people for exploitation purposes. The draft guidelines, which apply to adult offenders, cover two main offences under the Modern Slavery Act (MSA) 2015:

• Holding someone in slavery, servitude and forced labour (section 1), including physical restraint or imprisonment, threats or treatment which make escape from their position an impossibility.
• Human trafficking – transporting people for purposes of exploitation (section 2), which may involve recruiting, harbouring, receiving or transferring people cross-border.

The consultation ends on 15 January 2021.

'Youth Drug Diversion Scheme to be rolled out forcewide – Thames Valley'

Thames Valley Police and partners are rolling out a drug diversion scheme for under 18’s forcewide as part of work being delivered by the Violence Reduction Unit. The scheme aims to reduce the harm caused by the use of drugs and drug related offences. It gives those young people found in possession of small quantities of illegal drugs the opportunity to take part in a tailored diversion to address their drug use as an alternative to facing prosecution. This specialised support aims to prevent the cycle of reoffending and long term demand upon police and judicial services.

'Expansion at 4 jails announced'

HMPs Guys Marsh (Dorset), Rye Hill (Warwickshire) and Stocken (Rutland) will benefit from additional houseblocks and High Down (Surrey) will get a new workshop – the latest step in a £2.5 billion commitment to create 10,000 modern prison places. The new buildings will allow for more than 930 places, supporting the construction industry amid the Coronavirus pandemic and generating scores of long-term jobs in jails.

'Drivers to be banned from picking up mobile phones'

It will become illegal for anyone to pick up and use their mobile phone while driving, under new legislation to be enacted next year. The change will end a loophole that can allow drivers to escape punishment for using a hand-held phone to take a photo or play a game. Mobiles will still be able to be used to pay for a drive-through takeaway. And drivers will still be able to use devices hands-free under the plans, the Department for Transport said.