Issue 26  24th February 2018

AGFS Reform

AGFS, the fee scheme for defence advocates, is changing as a result of the Government's consultation:

• Basic fee will now include just the first day of trial and three conferences and views - PTPH, sentencing and other appearances will be separately remunerated
• Fee increases for standard appearances, PTPHs, and sentences
• Second day of trial will now be paid as a full refresher
• Refresher fees will no longer be reduced after 40 days
• PPE aspect of fees removed for all but fraud and drug cases
• New banding system for offences to indicate seriousness and complexity

The Bar Council's response is here. The CBA's response is here. A joint statement from the Circuit Leaders is here.

The amendment regulations are here.

Met Police Loses Appeal

"By a majority, we have held that failures in the investigation of the crimes, provided they are sufficiently serious, will give rise to liability on the part of the police,” Lord Kerr said.

“There were, of course, both systemic and investigatory failures in the case. But the important point to make is that, if the investigation is seriously defective, even if no systemic failures are present, this will be enough to render the police liable.”

The judgment can be read here.

New Sentencing Guidelines For Domestic Abuse

The Sentencing Council has issued new Domestic Abuse guidance, effective for those sentenced on or after 24 May 2018.

A useful blog post on the guidance is here.

Further Calls For An Upskirting Offence

"Upskirting" should be made a specific sexual offence, after police data showed a 10-year-old girl was among those targeted, campaigners say.

Secretly photographing underneath a skirt is not a specific offence in England and Wales. The Ministry of Justice says that upskirting is currently covered by alternative avenues of prosecution.