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
'Super courtroom opens in Manchester'
Manchester Crown Court has been revamped to create a space that is three times the size of a usual courtroom – allowing for trials with up to 12 defendants, which usually involve gang-related crime such as county lines drug trafficking, murders, and money laundering.
The trials that require this level of space – known as multi-handers – have built up during the COVID-19 pandemic due to the need for social distancing. The super courtroom will create the space needed to get through these cases at speed, while preventing disruption to other cases in the building.
'Victims losing faith in criminal justice system, warns commissioner'
Less than half of victims would report a crime again after their experience of the justice system, a new survey has found. Just 43 per cent of the 600 respondents to an online poll launched by Victims' Commissioner for England and Wales, Dame Vera Baird, said they would lodge a complaint in the future, while slightly more than a third of people revealed they would not consider doing this.
The survey’s findings come at a time when the courts backlog has reached a record high. As of 31 March, there were almost 60,000 crown court cases awaiting trial in England and Wales, a 45 per cent increase from the previous year. The average waiting time also rose by more than 40 per cent to 363 days. The survey found just 9 per cent of people said their cases were handled promptly by the courts. The number of people who said they would attend court again dropped considerably from last year’s poll results, falling from 67 per cent to 50 per cent.
'Cressida Dick: Met commissioner given two-year contract extension'
Dame Cressida Dick will serve an extra two years as Metropolitan Police commissioner, it has been confirmed. She became the first woman to lead the London's force when she was appointed in 2017 and will remain until 2024. On Wednesday, a number of high-profile signatories wrote an open letter accusing her of "presiding over a culture of incompetence and cover-up". Dame Cressida, 60, said she was "honoured and humbled" to have her contract extended.
'Volunteer police reserves under consideration to bolster numbers'
The Government is considering establishing a reservist police force to allow highly skilled specialists and former officers to join in the fight against crime, The Telegraph can reveal. Operating along similar lines to the Armed Forces reserve, recruits could be called upon in times of increased demand to support regular officers. Retired officers, or those who have left the service early, could also be retained for a period in order to bolster numbers, especially in experienced ranks.
Volunteers would be rewarded for their time and the scheme would also help cement relationships between the police and wider society, it is said. But the real value is thought to be in persuading highly trained professionals from the private sector – especially in fields such as cyber security and digital technology – to volunteer their time and skills.
'Ministerial appointments: 10 September 2021'
The Queen has been pleased to approve the re-appointments of:
- Rt Hon Suella Braverman QC MP as Attorney General
- Rt Hon Michael Ellis QC MP as Solicitor General
- Rt Hon Lucy Frazer QC MP as a Minister of State in the Ministry of Justice
This follows the return of Suella Braverman from maternity leave.
'Spotlight on domestic homicides as independent reviewer appointed'
A leading criminal defence barrister has been appointed to conduct an independent review of the law around domestic homicides.
Clare Wade QC – who was lead counsel in the high-profile case of Sally Challen – will examine the need to reform the law before presenting her findings and recommendations to the Lord Chancellor, Robert Buckland QC MP. She will consider whether the law could better protect the public and ensure sentences reflect the severity of these crimes. It follows an initial review carried out by the MOJ which looked in detail at more than 100 cases, including analysis of the sentences imposed, sentencing remarks, as well as information on the gender of perpetrators and victims and the method of killing. This was in response to a number of cases in which concerns were raised about the minimum term for murders committed with a weapon.
Education
'Barrister apprenticeships a “viable option”, specialist argues'
Apprenticeships are a “viable option” to qualification as a barrister, but they would need collaboration between the Bar Standards Board, education providers and the Bar, a new paper has argued. Michaela Hardwick, solicitor and managing director of Beyond Compliance, said that while pupillage itself was hard to come by, there was “plenty of work” for those who had completed part or all of the training needed to become a barrister.
This could be acting as caseworkers, paralegals or legal assistants for chambers, self-employed barristers or law firms, and undertaking paralegal-type activities such as research, case preparation, drafting and general legal administrative duties. It could be working as an advocate, on a self-employed basis, using “the loophole in the Legal Services Act 2007 allowing for individuals who are not authorised themselves but are working for an LSA-regulated entity to conduct court hearings being heard ‘in chambers’”.
Other
'Miscellaneous amendments to sentencing guidelines'
We have opened a consultation asking practitioners who use sentencing guidelines for their views on a series of proposed changes to existing guidelines. The proposed changes are designed to bring greater clarity and consistency and reflect developments in legislation. They relate to:
- breach of a sexual harm prevention order (SHPO): clarifying that it is not open to the court to vary the SHPO or make a fresh order of its own motion for breach;
- compensation: adding wording relating to giving reasons if compensation is not awarded in all relevant guidelines;
- confiscation: providing fuller information on confiscation in all relevant guidelines;
- racially or religiously aggravated offences: making the uplift for racial/ religious aggravation a separate step and consistent across guidelines for these offences; and
- domestic abuse overarching guideline: revising the definition of domestic abuse in the light of the Domestic Abuse Act 2021 and expanding it to include a wider range of relationships.