Issue 254  6th August 2022

The Commission has been asked by the Government to examine the need for reforms to the appeals system, to ensure that the courts have the right powers to enable the effective, efficient and appropriate resolution of appeals. The comprehensive review, which will include a public consultation, follows calls from several leading bodies, including the Justice Select Committee and Westminster Commission on Miscarriages of Justice, for improvements to the law on appeals to be considered.

The new project will consider the need for reform, with particular focus on identifying any inconsistencies, uncertainties and gaps in the law that may be hindering the ability of the appeals system to function as effectively and fairly as possible.

As part of the new review, areas that will be considered by the Law Commission include:

• The powers of the Court of Appeal – the senior court that hears appeals in England and Wales – including its power to order a re-trial of a case or substitute a conviction for another offence.
• Whether there is evidence that the “safety test” – the test used to grant an appeal against a conviction on the grounds that it is “unsafe” (for example, because of a major error in the trial) – may make it difficult to correct any miscarriages of justice.
• The test used by the Criminal Cases Review Commission (CCRC) – the independent body responsible for investigating potential miscarriages of justice – that governs when it can refer a case back to the Court of Appeal for further consideration.
• The Attorney General’s powers to refer a case to the Court of Appeal because the sentence is “unduly lenient”.
• The Crown Court’s sentencing powers for a new trial that is the result of an appeal.
• Laws governing the retention and disclosure of evidence for a case, including after conviction, and retention and access to records of proceedings.

Cyclists who kill pedestrians could face tougher sentences under a planned new law for England, Scotland and Wales. The move proposed by Transport Secretary Grant Shapps will close a loophole which means they can only currently be jailed for two years. He said it will "impress on cyclists the real harm they can cause when speed is combined with lack of care". Causing death by dangerous driving carries a maximum sentence of 14 years. Death by careless driving has a maximum sentence of five years...

Under the proposal, a new law of causing death by dangerous cycling would be added to the Transport Bill due before Parliament in the autumn.

The impact of the criminal bar’s strike action over legal aid funding is far greater than the government’s figures suggest, according to a chambers chief who has also been gathering data. The criminal bar’s court walkout, which began on 27 June, resumes this week. Figures published by the Ministry of Justice show that 8.8% of hearings were disrupted during the first week of escalated action, when barristers staged a two-day walkout. However, Birmingham set Citadel Chambers, which covers Crown courts in the Midlands, believes the impact is greater than 8.8%...

The government has yet to publish figures for subsequent weeks. Court walkouts increased by one day each week, so future government statistics should show an even higher number of disrupted hearings.

The Independent Office for Police Conduct (IOPC) has issued recommendations to the Metropolitan Police Service (MPS) over safeguarding issues highlighted by referrals concerning the strip searching of children.

Eight new referrals concerning strip searches of this nature were received from the MPS in June after we made further inquiries and a further three were made last month. We have now decided to independently investigate two of them. 

We have recommended the MPS should take immediate steps to ensure that any strip searches of children are being carried out in line with relevant legislation, national guidance and local policy.

A busy city centre court will be closed for at least two weeks while specialists test the building for asbestos.

Manchester Crown Court (Crown Square) was closed at the end of last week due to what HM Courts & Tribunals Service described as a ‘building issue’. The initial five-day closure forecast was upgraded to two weeks in an update this afternoon. It is understood that a routine asbestos survey at the building, which dates back to the 1960s, identified a need for further tests and prompted the immediate closure. So far, tests completed at the site have confirmed there is no presence of airborne asbestos particles but further checks are ongoing.

Criminal law specialist Richard Atkinson has been elected as incoming deputy vice president of the Law Society. He will join the team in October and looks forward to highlighting the important role solicitors play in upholding justice.

Richard Atkinson has specialised in criminal law for 30 years, with a focus on serious crime litigation. He is a duty solicitor and a higher rights advocate, representing clients in court.