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
'Raab back as Lewis sacked as lord chancellor'
New prime minister Rishi Sunak has appointed Dominic Raab MP to his former post as lord chancellor, deputy prime minister and justice secretary after dismissing Brandon Lewis in one of the first moves of his reshuffle. Raab's reappointment suggests that his Bill of Rights bill - introduced in June but put on hold under Lewis - will resume its progress through parliament. The reshuffle also brings Suella Braverman MP back as home secretary, six days after her resignation from the Liz Truss government...
'MoJ reveals full ministerial line-up'
The appointment of two new ministers of state appears to have completed a ministerial reshuffle at the Ministry of Justice following Dominic Raab’s return as lord chancellor... Edward Argar MP, a former chief secretary to the Treasury, has been appointed minister of state along with Damian Hinds MP, a former education secretary... In the more junior ranks, Mike Freer MP has been reappointed parliamentary under secretary of state... He works alongside Rob Butler MP, under secretary of state responsible for prisons and probation, and Gareth Johnson, under secretary of state for courts and tribunals as well as legal aid and tackling illegal migration... Lord Bellamy (Christopher Bellamy KC) remains ministerial spokesperson in the House of Lords.
'Raab's return fuels legal aid funding fears'
The prospect of solicitors boycotting criminal legal aid work appears to have risen following Dominic Raab’s reappointment yesterday as lord chancellor and justice secretary. Raab’s predecessor, Brandon Lewis, reassured MPs last week that solicitors would benefit from the government’s revised criminal legal aid offer and further plans would be set out as part of the government’s response to the Bellamy review at the end of November. Whether Raab continues on the same path is unclear. During his previous tenure as justice secretary, he refused to meet the criminal bar to discuss his controversial £135m reform package, instead accusing barristers of ‘holding justice to ransom’ with their ‘needless and indefensible’ strike. Crime contract holders are due to meet on 8 November in Birmingham to discuss next steps should the government’s response to Bellamy be unsatisfactory. The Law Society has already warned that it will advise members to shun criminal defence work if solicitors do not receive a fair deal.
'Better protection for victims under pre-charge bail reforms'
Victims of crimes like domestic abuse and sexual assault will be better protected following arrests of perpetrators under new provisions collectively known as ‘Kay’s Law’, Safeguarding Minister Mims Davis announced today (25 October). The reforms, which will come into force this week, will mean police have a duty to take into account the views of victims before releasing someone on bail. Police will be encouraged to use pre-charge bail instead of releasing suspects under investigation, where it is necessary and proportionate...
In 2019, the government launched a review of pre-charge bail legislation which led to the reforms being implemented this week, including the new duty which aims to provide better protection for victims like Kay. The measures were introduced as part of the Police, Crime, Sentencing and Courts Act...
Education
'Study Finds ‘Hot-Spot Policing’ More Effective When Officers Show Respect'
Procedural justice principles are compatible with effective crimefighting, according to a study by the Center for Evidence-Based Crime Policy at George Mason University. Researchers found that crime significantly declined in high-risk neighborhoods where police were trained to use principles that focus on treating people fairly and with respect...
The idea was to test two different ways of carrying out hot-spot policing, a strategy introduced in many cities as a more sophisticated targeted approach to crimefighting. Rather than saturate an entire community with law enforcement, officers would be assigned to streets or sections of a neighborhood where statistics showed crime was high. Hot-spot policing produced a high volume of arrests, but it also generated hostility in communities that considered they were being unfairly profiled. In particular, one of the essential pillars of policing reform—the need for gaining trust and therefore legitimacy among the people who were being policed—often was absent...
The authors wanted to test whether applying procedural justice principles undermined the “hot spot” policing approach. Procedural justice focuses on treating people with dignity and respect, even through comparatively minor details like taking an extra 10 minutes to speak to a community resident who has a problem or complaint... Those trained in procedural justice “were significantly more likely to give citizens a voice, demonstrate neutrality, and treat people with dignity and respect. They were also significantly less likely to be disrespectful.” And it produced a change in community-police relations as well. Residents of blocks where procedural justice team had been working were less likely to complain about police harassment or excessive use of force.