Issue 183  6th March 2021

March 2021 Budget

Lawyers' leaders have criticised Rishi Sunak for ‘turning a blind eye’ to the justice system with today’s Budget. Derek Sweeting QC said he was disappointed not to see the chancellor of the exchequer announce any extra funding to tackle the court backlog. The 107-page budget 'Red Book' contains one paragraph on justice. It states: ‘The government has provided £450m in 2020-21 to support the justice system in England and Wales, including funding to ensure safety in prisons and courts and funding to reduce backlogs in the Crown court caused by Covid-19'...

Criminal Bar Association chair James Mulholland QC said: 'The core funding budget for justice is stagnating in 2021-2022 at £8.4bn which is symptomatic of how people feel waiting for delayed trials to come on, after years of government under-investment in criminal justice. Justice was only mentioned five times in the entire 107-page Treasury document, mostly just in reference to the departmental spending tables, such is the disregard for even attempting to address a much needed five-year planning for our beleaguered criminal justice system.'

'Abuse trials pushed back to 2023 as backlog grows'

At least 15 crown court trials, some involving offences against children, have been delayed until 2023 as court officials fight a losing battle with a growing backlog of cases. Specialist barristers fear that criminals are avoiding justice and victims are dropping cases as trials are delayed for more than two years in an underfunded system struggling to deal with the impact of the coronavirus pandemic. Fears are especially acute regarding allegations of child abuse with the memories of young witnesses likely to fade the longer trials are delayed...

'Government to tackle inequitable funding arrangements for private prosecutions'

The government will review funding arrangements and look at how to level the playing field between prosecutors and defendants according to a report published today. Last year the Commons justice select committee conducted an inquiry into the effectiveness of the safeguards in place to regulate private prosecutions. The committee called on the government to address an ‘inequality of access’ between prosecutors and defendants and said there should be no disparity between the claims that can be made from central funds by prosecutors and defendants. Responding to the committee’s report today, the government agreed that the present funding arrangements are 'inequitable' and that the costs recoverable from central funds by a private prosecutor should be capped at legal aid rates as they are for acquitted defendants. The government said it was minded to agree that costs recoverable by a private prosecutor from a convicted defendant should either be capped at legal aid rates or by reference to what the Crown Prosecution Service would have sought, ‘but we wish to consult further on this’. The government also intends to ‘reflect further, and if appropriate consult’ on whether there should be a wider discretion to reduce or withhold payment of costs from central funds in the event of an acquittal.

'New laws to protect victims added to Domestic Abuse Bill'

A raft of new amendments to the Domestic Abuse Bill will be presented this week, providing greater protections for victims and further clamping down on perpetrators.

The proposals include making non-fatal strangulation a specific criminal offence, punishable by up to five years in prison. The act typically involves an abuser strangling or intentionally affecting their victim’s breathing in an attempt to control or intimidate them. Today’s announcement follows concerns that perpetrators were avoiding punishment as the practice can often leave no visible injury, making it harder to prosecute under existing offences such as Actual Bodily Harm (ABH).

The Government will also strengthen legislation around controlling or coercive behaviour (CCB) – no longer making it a requirement for abusers and victims to live together. The change follows a government review which highlighted that those who leave abusive ex-partners can often be subjected to sustained or increased controlling or coercive behaviour post-separation.

Meanwhile, so-called ‘revenge porn’ laws – introduced by the government in 2015 – will be widened to include threats to disclose intimate images with the intention to cause distress. More than 900 abusers have been convicted since revenge porn was outlawed but Ministers are determined to further protect victims, with those who threaten to share such images facing up to two years behind bars.

'Allow abused women to use disproportionate force against violent partners, says victims' commissioner'

Women must get the same rights as homeowners confronting dangerous burglars to defend themselves against an abusive partner, said the victims' commissioner. Dame Vera Baird, QC, is urging Priti Patel, the Home Secretary, to change the law to give victims of domestic abuse the right to use disproportionate force against a violent partner, a defence accorded to homeowners when protecting themselves against a burglar. She said women are more likely to have to resort to using a weapon when defending themselves against an abusive and powerful man but sentencing guidelines means this is more likely to result in a more serious charge and longer jail term.

'Drug dogs to detect new versions of spice to stay one step ahead of criminals'

Prison drug dogs will be trained to sniff out new and emerging strands of Spice as part of the government's comprehensive plan to tackle violence and disorder behind bars. In the last year alone over 100 kilograms of illegal drugs, including Spice, have been detected by drug dogs in England and Wales. But the efforts of some suppliers to outwit detection by changing the chemical make-up of Spice makes it difficult for dogs to find. The new funding announced today will mean scientists can develop enhanced training courses which will help sniffer dogs in detecting new and adapted variants of Spice – keeping illegal drugs out of prison and reducing reoffending which costs the tax-payer £18 billion a year.