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
'Court of Appeal considers whole-life order appeals'
A whole-life order is ‘an extreme sentence for an extreme level of offending’, the Court of Appeal heard today as it considers the jail terms of five killers – including Wayne Couzens, the former Metropolitan Police officer who murdered Sarah Everard. A five-judge bench – which heard there are currently 64 whole-life orders being served – is considering references brought by the attorney general, who is seeking a whole-life order in two other cases, as well as appeals by four offenders seeking a reduction in their sentences...
At the conclusion of the hearing, the lord chief justice Lord Burnett said the court would ‘take time to consider our decisions in these very difficult and tragic cases’.
'Getting £135m for criminal legal aid not easy, says minister'
The minister in charge of legal aid has tried to persuade solicitors to support the government’s criminal legal aid package – suggesting it was no mean feat to secure £135m. James Cartlidge MP told a Law Society webinar this week that when he joined the Ministry of Justice last September, if he knew he would be able to get the £135m recommended by Sir Christopher Bellamy following his independent review, ‘I would have proverbially bitten someone’s limb off. Please, do not underestimate how difficult it is in government, no matter what an independent report recommends, to secure funding, ensure you can deliver it, get all your policy right,’ the minister said...
Bellamy recommended a 15% uplift in fees. The Society withdrew its support for the government’s proposals after calculating that the overall package for solicitors would amount to 9%. Even if the cash set aside for reforming the litigators graduated fee scheme is factored in, the Society’s head of justice Richard Miller told the minister that the overall package would still only amount to 11%. Cartlidge rejected the assertion, saying it did not reflect the fact that reform has been separated into two ‘buckets’: a fee uplift in most areas and LGFS reform...
'Pilot scheme paves way for victims’ right to attend Parole Board hearings'
Victims could attend full Parole Board hearings for criminals hoping to be freed from jail for the first time as early as next month. A pilot to test the plans hopes to see victims observe at least 12 case reviews from June or July, providing sufficient support is available for those taking part...
'Dominic Raab rebukes Parole Board for release of Baby P’s mother'
Dominic Raab has launched a scathing attack on the Parole Board after it rejected his appeal against the decision to free the mother of Baby P, who died after months of abuse. The justice secretary had claimed that the decision to release Tracey Connelly, who was jailed indefinitely with a minimum term of five years in May 2009, should be reconsidered on the grounds of irrationality, but a judge upheld the original decision. It means Connelly, 40 – who was convicted of causing or allowing the death of her 17-month-old son, Peter, at their home in Tottenham, north London, in 2007 – could be out within weeks.
Raab reacted angrily, proposing a “fundamental overhaul” that would curb the board’s independence. Raab, who is also the lord chancellor, tweeted: “Tracey Connelly’s cruelty towards her son, baby Peter, was pure evil. The decision to release her demonstrates why the Parole Board needs a fundamental overhaul – including a ministerial check for the most serious offenders – so that it serves and protects the public.”
'Tory police commissioner who pledged to crack down on speeding caught breaking limit five times in 12 weeks'
A Conservative police and crime commissioner who pledged to crack down on speeding has been caught breaking a 30mph limit five times in just 12 weeks. The PCC for Nottinghamshire Police, Caroline Henry, admitted the offences - which included two committed on consecutive days - at a previous hearing in February at Nottingham Magistrates Court. Magistrates were told Henry, who is the wife of Broxtowe MP Darren Henry, had written a letter to the court saying she was "very sorry, embarrassed and ashamed"...
On her official PCC website, Henry listed ensuring an "effective and efficient" police response to speeding as one of her priorities. She campaigned for election using the slogan "Make Notts Safe" and promised to "reduce crime with action, not words"...
Cases
Secretary of State, Application for Reconsideration in the case of TC [2022] PBRA 57
This is an application by the Secretary of State for reconsideration of the decision of a panel of the Parole Board (‘the Board’) which on 30 March 2022, after an oral hearing on 15 and 16 March 2022, issued a provisional decision to direct the release on licence of TC (‘the Respondent’). The decision was provisional because it was eligible for reconsideration under Rule 28(1) of the Parole Board Rules 2019...
... I have carefully considered all of the arguments advanced by the Secretary of State in support of his application, but for the reasons explained in detail above, I cannot find anything in them to justify reconsideration of the panel’s decision. This application is therefore refused and the panel’s provisional decision is now final.
Education
'Midlands barristers launch £15k bar course scholarship for students with 'strong' regional links'
The Midland Circuit is to fund the vocational studies of one bar student with “strong” ties to the region, it has announced. The £15,000 scholarship aims to cover the bar course fees for one wannabe barrister at a provider in the Midlands, namely BPP Birmingham, ULaw Birmingham or Nottingham Law School. It’s open to law student and non-law students on the Graduate Diploma in Law (GDL) looking to undertake the bar course either full or part-time. Prospective applicants are asked to complete a series of competency-based questions and provide details of their personal background, their connection to the Midlands, and why they wish to practise as a barrister in the region...
Other
'Twenty-five steps towards a less error-prone criminal justice system'
It’s been 25 years since the miscarriages of justice watchdog, the Criminal Cases Review Commission (the CCRC) was established. It was created to act as a safety net for wrongful convictions in the wake of the high-profile miscarriages of justice, the Birmingham Six and the Guildford Four. The CCRC’s role is critical in uncovering miscarriages of justice. The previous system, where direct appeals had to be made to the Home Secretary, was woefully inadequate – referring only four to five cases out of 700 to the Court of Appeal Criminal Division (Court of Appeal) per year...
Here APPEAL lists 25 vital reform steps – one for every year of the CCRC’s existence – that we believe must be implemented to ensure a fairer and more accountable justice system over the next 25 years. APPEAL welcomes feedback and debate on these proposed reform steps...
'AI tool designed to identify coercive language patterns receives Home Office funding'
A start-up project that could help police identify patterns of tech-facilitated coercive control has received a £115,000 cash boost, courtesy of the UK Home Office. The project, for which De Montfort University Leicester (DMU) is consulting on, aims to create an artificial intelligence (AI) tool that can risk assess potential domestic abuse perpetrators by analysing the language they use with their partners over text messages and social media...
It’s hoped that the AI tool, which is currently being developed, will help police quickly analyse conversations for red flags through keywords and patterns, without manually reading through a victim’s phone. Professor Vanessa Bettison, who teaches criminal law at DMU and is a leading consultant on the project, believes the tool may encourage more victims of domestic abuse and coercive control to come forward...