Issue 187  

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

Independent Review of Criminal Legal Aid: Call for Evidence

The Independent Review of Criminal Legal Aid has launched a Call for Evidence, opening on from 29 March 2021 and closing on 07 May 2021. Sir Christopher Bellamy, Chair of the Review, is inviting interested parties at the heart of the Criminal Legal Aid System to submit evidence on how the system as a whole can be improved and placed on a sustainable footing for the future. We are particularly, but not exclusively interested in hearing the views of criminal defence practitioners, representative bodies, charities, and end users of the system. We also invite contributions from academics who have carried out relevant research. Responses can either be submitted online or sent to [email protected]. All questions do not need to be answered if respondents are only interested in some aspects of the Call for Evidence.

www.gov.uk

'The report of the Commission on Race and Ethnic Disparities'

Last summer, the Prime Minister asked if I would be willing to chair a Commission to investigate race and ethnic disparities in the UK. He felt that the UK needed to consider important questions about the state of race relations today, and that there needed to be a thorough examination of why so many disparities persist... The Commission was established with 10 of us drawn from a variety of fields spanning science, education, economics, broadcasting, medicine, and policing. And, with one exception, all from ethnic minority backgrounds. Tasked to look at race and ethnic disparities in education, employment, crime and policing and health, we first met virtually in July...

  • Recommendation 4: Bridge divides and create partnerships between the police and communities
  • Recommendation 5: Improve training to provide police officers with practical skills to interact with communities
  • Recommendation 12: Prevent harm, reduce crime and divert young people away from the criminal justice system
  • Recommendation 14: Increase legitimacy and accountability of stop and search through body-worn video
  • Recommendation 21: Create police workforces that represent the communities they serve
  • Recommendation 22: Equip the police service with skills to serve the needs of their local communities
www.gov.uk

'Crown court backlog has reached crisis levels, report warns'

The backlog of crown court cases in England and Wales has reached “crisis levels”, with the increased remand population likely to disproportionately impact children and young people from black and minority ethnic backgrounds, a parliamentary committee has warned. In a damning report published on Tuesday, the House of Lords constitution committee said funding cuts had already left courts and tribunals struggling going into the Covid-19 pandemic and were exacerbated by a “regrettable” failure to plan for such a threat...

The report said the government should open more Nightingale courts and increase the number of sitting days as well as the number of part-time and retired judges sitting to tackle the “neither acceptable nor inevitable” backlog. It also called on the government to increase the legal aid budget – which it said had fallen by almost 40% in less than a decade – to meet new challenges for access to justice that arose during the pandemic. Overall, funding for courts and tribunals had fallen by 21% in real terms in less than a decade, the report said...

The report can be read here.

theguardian.com

'Common Platform live in more courts in the midlands and north-west England'

The latest sites to go live with Common Platform are:

  • Chester Crown Court
  • Warrington Magistrates’ Court
  • Stoke-on-Trent Crown Court
  • Newcastle-under-Lyme Magistrates’ Court (North Staffordshire Justice Centre)
  • Stafford Crown Court
  • Cannock Magistrates’ Court

Common Platform went live in these courts on Monday 29 March 2021, with the first overnight cases being managed on the system from 30 March 2021. Initially, it will be used for a small number of cases with case volumes building over time. System performance will be closely monitored, making sure everything works as anticipated, before gradually increasing capacity.

www.gov.uk

'Nightingale court opens in Bolton stadium'

The home of Bolton Wanderers Football Club will begin a new life as a temporary court this week, joining the national effort to tackle the impact of coronavirus on the criminal justice system... It will host two courtrooms that will hear non-custodial criminal cases and be able to issue fines and community service orders. Any cases deemed serious enough for time in prison will be sent back to a Crown Court for sentencing.

www.gov.uk

'Scotland Yard cleared over handling of Sarah Everard vigil'

The Metropolitan Police has been cleared over its controversial handling of the Sarah Everard vigil on Clapham Common. A report by Her Majesty's Inspectorate of Constabulary, Fire and Rescue Services (HMICFRS), concluded that the force had acted appropriately when it broke up the gathering earlier this month.

Scotland Yard came in for intense criticism over its handling of the vigil, with some even calling for Dame Cressida Dick, the Met Commissioner, to resign. But Matt Parr, the inspector, who carried out the review, at the behest of Priti Patel, the Home Secretary, said much of the criticism had been unwarranted and showed a lack of respect to the police.

The report can be read here.

telegraph.co.uk

'New Victims’ Code comes into force'

Victims of crime will get better support from the police, courts and other criminal justice agencies as a new Victims’ Code comes into force today (Thursday 1 April). They will be told what to expect at every stage of the justice system including, for the first time, their automatic right to be told when a perpetrator is due to leave prison. Victims of sexual violence will be able to choose the gender of their police interviewer and there will be clearer advice on when they can have their evidence pre-recorded ahead of a trial – rather than face the stress of cross-examination in front of a packed courtroom. Where an offender is a foreign national offender, victims will for the first time have the right to know when they are deported. Today’s milestone will pave the way for a new Victims’ Law, on which Ministers will consult this summer. It seeks to underpin victims’ rights in legislation and ensure justice agencies are held to account for delivering them.

www.gov.uk

GHB to be Class B Drug

Home Secretary Priti Patel said GHB would move from a Class C to a Class B drug - the same as speed or cannabis. Announcing the news, Ms Patel said it would mean tougher penalties for those found with it in their possession. It follows a recommendation last year by the Advisory Council on the Misuse of Drugs (ACMD).

bbc.co.uk

Cases

R v Gould [2021] EWCA Crim 447

These appeals all raise technical issues concerning the relationship between the Magistrates' Courts and the Crown Court and, in particular, about the powers which may be exercised by Crown Court judges by reason of section 66 of the Courts Act 2003 ("section 66"), and what procedures should be followed if exercising those powers... The central issue is how far Crown Court judges can lawfully go to try and alleviate the unfortunate consequences of serious failures by the prosecution in charging criminal offences. At a more fundamental level the cases involve consideration of the relationship between the jurisdictions of the Magistrates' Courts and the Crown Court...

We have therefore concluded that a Crown Court judge may lawfully exercise the powers of the Magistrates' Court under section 66 of the 2003 Act... However, the exercise of those powers will result in an ineffective order if the judge acts beyond the jurisdiction of the Magistrates' Court and may do so if the judge is responsible for procedural errors... When the section 66 power is used, it must be used properly and the judge must proceed in the way which would be required of the Magistrates' Court. It is not necessary for a judge to "reconstitute" himself or herself as anything. It is, however, necessary to explain, with reasons, exactly what powers are being exercised and why. This is so that all concerned are aware of the extent of any powers which are being employed, and so that the lawfulness or otherwise of what is being done can be considered expressly at the hearing and subsequently if necessary, on appeal or judicial review. The Crown Court judge, in cases where the appeal route is important, should consider whether the proposed use of the power will create difficulties in that part of the result might be appealed to the Crown Court and part to the Court of Appeal Criminal Division. If exercising the power (and the original Explanatory Notes to section 66 of the 2003 Act suggest that this is not a bar to its exercise) the judge must be explicit and clear about which sentences are imposed as a DJ(MC) and which as a judge of the Crown Court. That must appear in the Order and, as we have said, must also appear in the records of the Magistrates' Court. We suggest that rigorous thought about these questions will reveal at least some of the cases where it would actually be better to leave the Magistrates' Court to deal with its own work.

bailii.org

International

'Ten EU states to halt extraditions to UK following Brexit'

Ten EU member states have said they will no longer extradite their nationals to the UK following Brexit, the British Home Office has said. Countries including France, Germany and Poland have informed the UK of their refusal to allow the extradition of their nationals. Two more — Austria and the Czech Republic — will only hand over suspects to the UK with their consent.

irishtimes.com

No spam, ever. We'll never share your email address and you can opt out at any time.