Issue 169  

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.

5kbw.co.uk

News

New Victims’ Code

We received a total of 315 responses to our second consultation from a range of organisations and individuals. I would like to take the opportunity to thank all those who took the time to send us their thoughts and to assure you that we have carefully considered them. As a result, we are proceeding as planned with the main changes we outlined in our first consultation, as well as making some smaller revisions based on the views we received.

We believe that these changes will deliver a Victims’ Code that will build both victim confidence and trust in the system, as well as address the longstanding issues around complexity and accessibility.

The revised Victims’ Code has been laid before Parliament and will come into force on 1 April 2021.

justice.gov.uk

'Complainant and survivor added to code for victims'

The government has confirmed it will press ahead with plans to simplify the Victims’ Code to make it easier to understand... The code will be restructured into 12 overarching rights. The ministry acknowledged that the code will remain a lengthy document but a shorter version will also be published.

Consultation respondents queried the use of the terms ‘rights’ and ‘victims’. The current code refers to ‘entitlements’ and respondents asked whether ‘survivor’ should be used instead. The government’s response states that using the term ‘rights’ will send a clear message to victims and practitioners that victims should receive the services and information set out in the code. ‘We recognise that many people harmed by a criminal offence will not want to be referred to as a “victim”. For the purposes of the code, we continue to use the word “victim” but have added the terms “complainant” and “survivor” to the definition of who is a victim under the code,’ the response states.

lawgazette.co.uk

'Killer drug GHB should be reclassified, says official report'

The Advisory Council on the Misuse of Drugs says GHB should become a Class B drug - the same as speed or cannabis. It also advises better data collection and reporting of the drug's use. Policing Minister Kit Malthouse said the government would be looking at the report's recommendations "as a priority". Testing for GHB and related compounds should be routine in cases of unexplained sudden death, the report also advises.

The report can be found here.

bbc.co.uk

Custody Time Limits - Impact on Children

Just for Kids Law are currently collating examples from members of the Bar with cases involving children affected by the recent extension to custody time limits (which took effect on 28th September 2020). Following correspondence from Just for Kids Law, The Howard League and Liberty, an impact assessment was published which accepted a disproportionate impact upon children and BAME defendants. This was said to be justified by the backlog in the Courts caused by Covid-19. Conversely, all practitioners will be acutely aware of the pre-existing backlog caused by the reduction in sitting days and cuts. Pre-action correspondence has been entered into and JFKL are seeking to identify the impact of the provisions & collate data for the purpose of a judicial review challenge.

criminalbar.com

'Police can resume issuing instant £10,000 Covid fines'

Police forces can resume handing out £10,000 fines for breaches of coronavirus regulations, the National Police Chiefs’ Council (NPCC) has said following discussions with the government. It comes after an emergency order was made to stop officers handing out the fines to Covid rule-breakers, amid concerns the government’s flagship deterrent is unfair...

On Tuesday evening police issued a new statement saying the issue had been resolved after forces had the option of issuing a £10,000 fines again, but would have to explain that people could fight it in court. The NPCC said: “People found to be in breach of the regulations relating to gatherings of over 30 people will be made fully aware of their options when faced with a £10,000 FPN (fixed penalty notice), to ensure fairness.”

theguardian.com

'Criminal justice system is on its knees, says top English lawyer'

Crown court cases are being delayed until 2023, the innocent penalised more than the guilty, and the under-funded, criminal justice system brought “on its knees”, according to the chair of the Criminal Bar Association in England and Wales. James Mulholland QC told the Guardian that while Covid had intensified the crisis, deep cuts to the Ministry of Justice since 2010 had left it dangerously under-resourced.

theguardian.com

Cases

R v Scothern [2020] EWCA Crim 1540

On 9 June 2020 Connor Scothern appeared at Birmingham Crown Court and, following his conviction after a re-trial for an offence of Membership of a Proscribed Organisation, contrary to section 11 of the Terrorism Act 2000, was sentenced to 18 months' detention in a Young Offenders' Institution...

Therefore, as the judge correctly observed, the appropriate starting point in the case of the appellant was one of 5 years' custody with a category range of between 3 – 7 years. However, as a result of the appellant's age at the time of the offence, namely 15 and 16, the judge appreciated that it was also necessary to have regard to the Sentencing Council's Definitive Guideline on Sentencing Children and Young People, which provides for the situation where, as here, an offender has passed a relevant watershed between the date of the commission of the offence and the date of the conviction/sentence and which reflects the principle set out in Ghafoor...

...In this regard, it is important to appreciate that at the time when Ghafoor was decided, and in the case of short-term prisoners, i.e. those serving a term of less than 4 years, sections 33(1) and 43 of the Criminal Justice Act 1991 provided for their automatic release after the offender had served one half of their sentence. Therefore the effect of the substitution of an 18 month period of detention in a Young Offenders' Institution upon the over 18 year old offender in Ghafoor, meant that he would be released automatically after serving one half of that period, just as he would had he been convicted and sentenced as an under 18 year old who had been made the subject of a Detention and Training Order of 18 months' duration. By way of contrast in the present case, as a result of the application of section 247A of the 2003 Act, not only has the appellant not been released after serving one half of the period of 18 months' detention in a Young Offenders' Institution, (as previously would have been the situation either under sections 33(1) and 43 of the Criminal Justice Act 1991 or more recently under section 244(1) of the 2003 Act), but as we understand it the appellant's application for parole has been considered and refused by the Parole Board such that he is likely to remain in detention for the full 18 months' term.

In our judgment, applying this principle, which understandably focuses upon the period of custody or detention, to the circumstances of the present case, as it is apparent that the appellant is not going to be subject to early release under section 247A, we consider that the appropriate term of detention in a Young Offenders' Institution is one of 9 months.

bailii.org

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