Issue 212  25th September 2021

The Monument venue joins other temporary courts located in Southwark, Westminster, Barbican and Croydon – set up to increase capacity and tackle the impact of coronavirus on the criminal justice system. Together they have heard hundreds of cases during the pandemic, helping to minimise delays for victims, witnesses and defendants. The new site – which usually hosts conferences for international businesses – is a stone’s throw from Monument tube station, making it easily accessible to court users. Its two courtrooms will hear non-custodial jury cases for crimes such as theft and low-level drug possession. In the event of a guilty verdict, the trial judge may decide to relist the case at a nearby Crown Court for sentencing.

A police trial aimed at stopping people as young as 12 from carrying knives failed to result in a single court action during its first six weeks - and so far just two have been granted. Knife Crime Prevention Orders (KCPOs) are being piloted by the Metropolitan Police by using the courts to impose restrictions on people they believe are "on the cusp" of violence.

Figures obtained by the PA news agency under Freedom of Information (FOI) laws show two orders were applied for during the first six weeks of the trial - but both were turned down by magistrates. The force said "learning was identified" and that two orders had since been granted. Both were handed out alongside jail terms. A Met spokesman said: "The Met is 10 weeks into a 14-month pilot and so far there has been one KCPO granted in London. As is often the case with new legislation, police and other agencies involved in KCPOs are navigating through new processes and building up knowledge following the initial launch..."

The Law Society has warned that there may not be enough criminal legal aid solicitors to represent people accused by the state of serious crimes after latest government figures show the sector continuing to shrink. According to the Ministry of Justice, there are currently 1,080 providers holding a criminal legal aid contract. The number of providers has continuously declined since April 2012, when there were 1,652 criminal legal aid firms. The figures were revealed in response to a written parliamentary question by shadow legal aid minister Karl Turner MP.

Many legal aid practitioners may not be aware they can claim payment for considering unused material under a reform introduced by the government months into the pandemic, it has emerged. According to updates posted by the Legal Aid Practitioners Group and Criminal Law Solicitors Association, the Legal Aid Agency is concerned that only around 45% of advocates and around 42% of litigators are claiming the fixed fee for considering unused material (for 0-3 hours work) in eligible cases, even though there is no requirement to provide supporting information.

The fee was introduced last September following lobbying by the Law Society and practitioner groups. It applies to cases on indictment in the Crown court (other than a guilty plea) with a representation order dated on or after 17 September 2020. An hourly rate applies to time spent beyond three hours. Practitioners’ long-standing struggles to stay afloat could explain the unclaimed fees.

A catalogue of failures among prison and health professionals has been highlighted in an investigation report into the death of a teenager’s baby after she gave birth alone in her cell at the largest women’s prison in Europe. The Prisons and Probation Ombudsman published the devastating report into the events in September 2019 at HMP Bronzefield in Ashford, Middlesex on Wednesday. The case was first revealed by the Guardian and the baby’s death triggered 11 separate inquiries.

The publication of the report has triggered multiple calls for an end to the imprisonment of pregnant women from the Royal College of Midwives, NGOs and academics in the field. The organisations Level Up, Women In Prison and Birth Companions have organised a petition. Latest Ministry of Justice figures show that in the year ending March 2021 31 women gave birth during a prison sentence. While 28 gave birth in hospital and none were born in cells, three were delivered en route to hospital. Two previous babies were delivered in cells at Bronzefield and in December 2017 a full-term baby was stillborn in an ambulance on the way to hospital.