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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
'Street harassment to be banned in crackdown, government says'
Sexual harassment on the street will be made a crime with jail sentences of up to two years, the government has said. Catcalling, following someone and blocking their path will be criminalised in England under plans backed by the Home Secretary.
"Every woman should feel safe to walk our streets," Suella Braverman said. Sexual harassment is already illegal but it is hoped creating a new offence for street harassment will encourage more people to report it to police. "We are putting the needs of victims at the heart of our decision, which will mean the criminals who commit these acts face the consequences they deserve," Ms Braverman said.
'New 24/7 support service for victims of rape launched'
Victims of rape across England and Wales will have access to round-the-clock support as a new 24/7 Support Line is launched today (7 December 2022)... Specialist operators – available via telephone or webchat – will be on hand at any time to provide victims with vital information and emotional support. This includes signposting to local, longer-term services such as Independent Sexual Violence Advisors (ISVA).
The government-funded service will be operated by Rape Crisis England & Wales who have over 3 decades’ experience running a helpline for rape and sexual abuse survivors. It will be available to anyone aged 16 years and over who has experienced any form of sexual violence and abuse, at any point in their life. The support line has been launched in time for the festive season when reports of sexual violence are known to increase. At least 1 in 4 women and 1 in 20 men have been raped or sexually assaulted as an adult. Research shows that victims who speak to an ISVA are 49% less likely to withdraw from the criminal justice process. This means that the more support a survivor receives, the more likely it is their attacker will be brought to justice.
'Solicitors’ warning on criminal rates'
Criminal law solicitors could follow the Bar’s example and down tools following justice secretary Dominic Raab’s final response to the Independent Review of Criminal Legal Aid. The review, led by Lord Bellamy and published last December, recommended as a minimum an immediate 15% rise in criminal legal aid rates across the board. One year later, however, Raab last week published his full response, offering an extra £138m for the legal aid sector as a whole, including ‘raising the overall package [for solicitors] from 9% to 11%’. In contrast, the government offered a 15% increase for the vast majority of Crown Court cases as part of a deal to end Criminal Bar strikes in September.
Law Society president Lubna Shuja said: ‘Having seen that direct action gets results, the response from some of our members may be to resort to disruptive tactics. ‘But far more worrying than any disruption caused by short-term action is the continued loss of criminal defence solicitors which is already leaving parts of the criminal justice system wholly unable to cope with the demands on it. This will get even worse across more areas of England and Wales. It will be far more costly to fix if we get that far. ‘We are still exploring options for saving the system, including a legal challenge of the decision.’
'Anne Sacoolas: Former US spy avoids jail over death of teen motorcyclist Harry Dunn'
Anne Sacoolas has been sentenced to eight months in prison, suspended for 12 months, for causing the death of teenage motorcyclist Harry Dunn by careless driving. Sacoolas, 45, was driving her Volvo on the wrong side of the B4031 in Northamptonshire, a two-lane road with a 40mph limit, when she hit Harry, 19, who was riding in the opposite direction. The former US spy was sentenced in an "unprecedented" case at the Old Bailey - but did not attend the hearing in person after American officials stepped in...
Alongside handing Sacoolas a suspended prison sentence, the judge, Mrs Justice Cheema-Grubb, also ruled that she is disqualified from driving for 12 months. She told the defendant, who appeared in court on Thursday via a video link from her lawyer's office in the US capital, that while she remained in America her sentence could not be enforced.
'New investigative unit launched to handle serious criminal offences across defence'
A new, tri-service and independent body has been launched to investigate criminal offences within the Armed Forces, including rape and sexual assault, the Defence Secretary has announced... The Defence Serious Crime Command (DSCC) and Defence Serious Crime Unit (DSCU) has the jurisdiction to investigate the most serious crimes alleged to have been committed by persons subject to service law in both the UK and overseas.
The unit, based in Southwick Park, replaces the existing Special Investigation Branches (SIB) and in its place forms an independent crime capability for Defence as part of its commitment to reforming the Service Justice System (SJS). This includes implementing the recommended changes to improve the experience for victims, who will be at the heart of the investigative process.
Cases
R v Sacoolas Sentencing Remarks
... For the offence of causing the death of Harry Dunne by your careless driving the sentence is 8 months imprisonment suspended for 12 months. There will be no additional requirements. The sentence means that if in the next twelve months you commit any offence, whether or not it is of the same type for which I am sentencing you today, you would find yourself before the court again and it is likely that the sentence would be brought into operation either in full or in part.
R v Newton (On the Application Of) v The Parole Board for England and Wales [2022] EWHC 3051 (Admin)
This is an application for judicial review of the Parole Board’s decision of 21 March 2022 not to direct the Claimant’s release following his recall to prison in August 2021 (the Decision)...
... The short and simple submission made by Mr Bimmler on behalf of the Claimant is that the Panel fell into error when it expressly took into account unproven (and denied) allegations in its assessment of the risk posed by the Claimant, without making any findings of fact on the allegations, or their constituent facts. He said this approach fell foul of the Court of Appeal’s decision in R (Pearce) v Parole Board [2022] 1 WLR 2216 at [3], [26], [35], [43], [47] and [49]. The judgment of the Court of Appeal predated the Panel’s decision by about nine weeks. In that case, Macur LJ, with whom Lewison and Snowden LLJ agreed, said that the evaluation of risk can only take place upon ‘undisputed or established facts’ and that unproven allegations should not be taken into account. (Mr Bimmler helpfully told me that the Supreme Court heard an appeal by the Parole Board in Pearce in early November 2022; judgment is awaited. He did not suggest that I should await the outcome of the appeal.) I agree with Mr Bimmler that the Parole Board erred in taking into account (the unproven and denied) allegations against the Claimant when it came to assess risk...
Other
'How jurors helped uncover plot to fix drugs trial'
Four people have been found guilty of a "concerted attempt" to fix the trial of a drugs baron by tampering with a jury. The defendant Leslie Allen, as well as a juror, the juror's mother, two witnesses and a go-between all plotted to pervert the course of justice in a drugs trial in 2018 at Warwick Crown Court, the Old Bailey heard. One of these thought died before the Old Bailey trial began and the juror's mother admitted her part in the plot and so did not face trial. Juror Damien Drackley had boasted of how he had been offered £5,000 to try to persuade fellow jurors into finding Leslie Allen not guilty of the drugs offences, the prosecution said...
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