Issue 239  9th April 2022

This Guidance applies in respect of criminal cases in the Crown Court where action by members of the Criminal Bar Association (“the CBA action”) results in advocates refusing to accept returns, with the result that one party or more is without representation by an advocate. It is issued in anticipation of this action beginning on 11 April 2022 and will apply for the duration of the CBA action, unless varied or withdrawn in the meantime. Given recent problems in securing representation by advocates for other reasons, it also covers the situation where the prosecution is not represented...

From 11 April 2022, the Criminal Bar Association is carrying out a 'no returns' policy in protest to the government’s "woefully inadequate” criminal legal aid proposals. Read our guidance for solicitors on not undertaking work that's outside your competence.

The number of barristers practising full-time in publicly-funded criminal law dropped by 11% last year, according to analysis by the Bar Council. In 2021, only 2,400 barristers reported that their practice was entirely publicly-funded criminal work, down from from 2,670 the previous year. Meanwhile, the average annual income after expenses for barristers working full-time on publicly-funded crime work fell by 23%, from £61,000 to £47,000. The latest figures, which the Bar Council said show ‘the stark impact of the pandemic on the criminal bar’, were published today amid rising concern about the criminal legal aid sector...

The government is set to repeal the Vagrancy Act as part of plans to end rough sleeping for good. The government has driven a 43% drop in rough sleeping since 2019, which is currently at an 8 year low. We will bring forward a bold new strategy that builds on progress to date and sets out how we will end rough sleeping for good and support vulnerable people off the streets, alongside wider work to continue to protect communities from crime and anti-social behaviour. Earlier this year the government pledged to repeal the Act – in place since 1824 - which makes it an offence to sleep rough or beg in England and Wales.

The human rights group Liberty is threatening to sue the government and Crown Prosecution Service (CPS) over the bitterly contested law of joint enterprise, arguing that it is discredited and racist in the way the authorities pursue it. Under the law, people present when a person is killed can be convicted of murder despite not committing any serious violence themselves, if they are found to have “encouraged or assisted” the perpetrator. Liberty is acting for the campaign group Joint Enterprise Not Guilty By Association (Jengba), which supports approximately 1,400 people in prison who believe they have been unjustly convicted of serious crimes perpetrated by somebody else...

The Independent Office for Police Conduct (IOPC) has welcomed the Metropolitan Police Service’s (MPS) acceptance of 15 recommendations designed to tackle underlying cultural issues after Operation Hotton revealed bullying and discrimination within the ranks. The MPS has agreed to publicly commit to a position of zero-tolerance on racism, misogyny, bullying and harassment, as well as making a public commitment to being an anti-racist organisation.

IOPC Regional Director Sal Naseem described the MPS response as an important step towards recovering public trust and confidence. Inappropriate behaviour by officers, including, racism, misogyny, harassment and the exchange of offensive social media messages, was highlighted in the IOPC’s Operation Hotton learning report, published in February. It followed nine linked investigations focused on teams formed to tackle crime and disorder in the Westminster area.

The Crown Prosecution Service is today launching a united team to tackle the changing nature of serious and organised crime. The new Serious Economic, Organised Crime and International Directorate (SEOCID) brings together specialists in economic crime, organised crime, proceeds of crime and international to deliver justice, combat crime across borders and take money from criminals...

The Serious Economic Organised Crime and International Directorate launches today (1 April) and merges the existing International Justice and Organised Crime Division and the Specialist Fraud Division into two new divisions working alongside CPS Proceeds of Crime as one team.