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
'Government to introduce Harper’s Law'
Named after PC Andrew Harper, who was killed in the line of duty in 2019, the law will introduce mandatory life sentences for anyone convicted of killing an emergency worker whilst committing a crime... The changes will mean that those who kill an emergency worker while committing an offence will face a mandatory life sentence. The emergency worker does not need to be aware that that offence had taken place or be responding directly to it. Judges will have the option to impose a different sentence in exceptional circumstances if there are exceptional circumstances which relate to the offender or the offence which would make it unjust to apply the minimum sentence.
'Firearms – importation sentencing guidelines published'
The Council has published a new guideline for sentencing offenders convicted of firearms importation offences in England and Wales, following consultation... The guideline covers importation of firearms and ammunition under two Customs and Excise Management Act 1979 offences – improper importation of goods and fraudulent evasion of prohibition/restriction. It applies to adult offenders sentenced in magistrates’ court or the Crown Court on or after 1 January 2022.
The new guideline can be found here.
'Cyber-flashing likely to become a criminal offence - Dorries'
Ministers are working towards making the unsolicited sending of obscene images via wi-fi or Bluetooth a criminal offence, Culture Secretary Nadine Dorries has said. She told MPs that "cyber-flashing" was likely to be "within the scope" of the upcoming Online Safety Bill... Cyber-flashing involves the sending of obscene pictures using Bluetooth or peer-to-peer wi-fi networks. This often happens while people are in public places, such as on trains or buses.
'Inner London crown court shut down due to utterly appalling cold temperatures'
One of London’s crown courts has been forced into near-total shutdown after a heating problem saw temperatures plunge to dangerous levels. Jurors sitting on trials at Inner London crown court had to be sent home early on Tuesday after temperatures dropped below acceptable levels, reportedly to as low as 13 degrees. Lawyers took to social media to bemoan the “utterly disgraceful” situation, with one, barrister Mark Watson, revealing a trial had to be stopped midway through defence speeches due to the chilly conditions.
Other
'Harper’s Law: A grim tale of political exploitation and incoherent lawmaking'
... Today, Harper’s Law has been formally announced by the government. And it is a move which, no doubt, will attract a lot of public support. The Daily Mail’s headline today – “Life in jail for killing police, firefighters, paramedics and nursers: Harper’s Law is a triumph of tougher sentences for campaigning widow after she watched killers who dragged PC husband to his death smirking in the dock” – pithily (if grammatically questionably) captures a sentiment with which many will vigorously nod along. Remorseless criminals who take the lives of police officers should pay by spending their lives behind bars. But there are serious problems with what is proposed...
'No alternative to new walkouts in legal aid dispute, says QC'
A former barrister who led the first strike at the England and Wales bar has said he “can’t see any alternative” to fresh industrial action in a dispute over legal aid fees. Nigel Lithman QC said conditions and morale were worse now than when barristers walked out in 2014 over the same complaint – that pay for publicly funded work was too low. At that time he was head of the Criminal Bar Association (CBA); he went on to become a judge, and retired last year. The strike, believed to be the only one to date in the bar’s history, was called off after a day and a half when the government suspended planned legal aid cuts.