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
'Significant fee rise for criminal barristers confirmed in law'
Legislation implementing fee increases for barristers and solicitors has been laid today (20 July 2022) as part of £135 million of additional investment in the criminal legal aid system...
The legislation has been fast-tracked so legal professionals can see the pay rise before the end of the year with the new fees introduced at the end of September...
'Politicians back criminal barristers as strikes linger on'
Prominent Conservatives have voiced their support for striking barristers who went to parliament to lobby MPs and peers over the impact of low criminal legal aid rates.
A former solicitor-general backed the barristers as the Criminal Bar Association said that a statutory instrument laid in parliament by the government yesterday to implement a 15 per cent pay rise from the end of September would not resolve the dispute.
Hundreds of criminal defence specialists across England and Wales began a five-day walk-out on Monday, escalating their protest action, which has disrupted thousands of trials over the past month...
'New Problem-Solving Courts to combat drug and alcohol-fuelled crime'
The first three ‘Problem-Solving Courts’ (PSCs) are being piloted as part of the Government’s £900-million Drug Strategy, based on evidence that this approach will most effectively turn such offenders away from crime and protect the public. They will trial a tougher approach to community sentences for low-level criminals who would otherwise face short jail terms.
Under unique orders which can be issued by the PSCs, offenders will see the same judge at least once a month, have intense support and supervision from the Probation Service, and get wraparound services tailored to their individual needs - such as from substance misuse and recovery agencies, housing support and educational services. They will also get treatment and undertake frequent, random drug testing where appropriate. Offenders will be offered the full range of treatment interventions to help them achieve abstinence.
The £8.25-million pilot will see two such courts launched at Liverpool and Teesside Crown Courts, while a further one at Birmingham Magistrates’ Court will focus on female offenders with complex needs, including substance misuse.
'Government snubs review body with 3% pay rise for judges'
Judges will receive a 3% pay rise for 2022/23, the government has announced – but the increase is significantly below the current 9.4% rate of inflation and less than that recommended by the Senior Salaries Review Body (SSRB).
Lord chancellor Dominic Raab said yesterday that a 3% rise, combined with a commitment to introduce a new judicial pension scheme, ‘demonstrates the value the government places on our independent judiciary’. However, the SSRB this month called for a 3.5% increase for all judicial office holders, saying it is ‘concerned about the continuing shortfalls in recruitment, mainly for the court-based judiciary in England and Wales and particularly for the district (civil) bench’...
Cases
R v A [2022] EWCA Crim 988
... The grounds of appeal are in summary first, that the prosecution's application made prior to the trial under section 28 of the Youth Justice and Criminal Evidence Act (the 1999 Act) should not have been granted. This was because the relevant legislation in force at the time did not permit the evidence of the complainant to be adduced by way of pre-recorded evidence under section 28 in circumstances where though she was 16 when she gave her ABE (achieving best evidence) interview, she was 18 by the time the application under section 28 was made. Secondly, at the ground rules hearing which then took place, the judge inappropriately restricted the questions the defence proposed to ask in cross examination. In the result, on either or both grounds, it is submitted that the appellant's conviction is unsafe...
... In our view, it is plain from an ordinary reading of the relevant legislation, including the Commencement Order, that the appellant's submissions on the availability of section 28 at the material time, are correct. The complainant was not eligible for assistance by virtue of section 16, because of her age at the time the section 28 application was made, and this was the only route available because of the terms of the Commencement Order...
... For the reasons we have identified, the section 28 procedure was not available in this case. We are not satisfied however that its use or the decisions made at the ground rules hearing, affected the safety of the appellant's conviction. This appeal is, accordingly, dismissed.
R v Luckhurst [2022] UKSC 23
Following a conviction for a criminal offence, the Proceeds of Crime Act 2002 (“POCA”) provides for the making of a confiscation order by the courts. The aim of such an order is to take away the fruits of crime by requiring a payment by the criminal to the State. In order to prevent the frustration of a confiscation order, and usually made in advance of such an order, POCA gives the courts the power to make a restraint order freezing the assets of the (alleged) criminal...
... the purpose or policy of section 41(4) is best understood as not precluding an exception for legal expenses in respect of civil proceedings for causes of action. In contrast, the provision precludes the legal expenses of defending the alleged criminal offence(s) and resisting the confiscation and restraint orders themselves. On the correct interpretation, legal expenses in respect of civil proceedings for causes of action (such as for torts or equitable wrongs) are not precluded but are controlled by the courts’ discretion in the same way as, for example, living expenses...
Other
'Attrition'
...Though sometimes I feel it, I am not alone. This summer, my (learned) friends took brave and bold action. To make this profession a better, fairer place than when we arrived. For those who choose to remain. For those brave enough to leave. And for those of us, hopelessly in love with this job, who are yet to decide.But, most importantly, we must make this vital, important job viable for anyone who is about to begin. Regardless of their starting line.