News
Domestic Abuse Bill Consultation
The proposals include:
- Domestic Abuse Protection Orders (a civil order imposed by the criminal courts, bringing together elements from existing protective orders, but increasing the range and length of restrictions; one of the proposed additional restrictions is electronic tag monitoring)
- Automatic eligibility for special measures for domestic abuse victims (as is currently the case for complainants in sexual offence and Modern Slavery Act 2015 cases)
- Domestic abuse to be a statutory aggravating factor in sentencing
- Domestic Violence Disclosure Scheme to be codified into statute
Upskirting Bill
A Liberal Democrat MP has tabled a parliamentary bill that would make it a criminal offence to take a photo up a person’s skirt without their permission. Wera Hobhouse introduced the bill after discovering “upskirting” is not illegal because there is no specific crime covering the act.
The text of the proposed offence is here.
Dangerous Cycling Review Published
The independent report commissioned by the Government into cycle safety has been published.
The review recommends reform, and suggests changing the definition of "mechanically propelled vehicles" to include bicycles, so that dangerous driving could be committed by a cyclist.
The Government has launched a consultation asking for views on this proposal.
Prisons Reform Speech
The Justice Secretary gave a speech setting out the proposals to reform prisons, which include:
- installing technology in prisons that will allow the download of data from illicit phones seized from prisoners;
- categorisation of prisoners to take into account the risk that they will direct crime and violence whilst in prison; and
- more use of release on temporary license as an incentive for good behaviour in prison, to allow prisoners to leave prison each day to go to work nearby.
Cases
R v James [2018] EWCA Crim 285
Advancing fresh grounds in the Court of Appeal (Criminal Division) after the single Judge has refused permission to proceed on the original grounds will require an application to vary. Such an application does not require exceptional leave, but the hurdle is a high one.
Factors to be taken into account will include: delay in advancing fresh grounds, reason for that delay, whether the issues/facts were known when the original grounds were lodged, the overriding objective, and the interests of justice.
International
Texas Judge Delivers Electric Shock for Failure to Answer Questions
A Texas appeals court has overturned a man's conviction after finding a judge had inappropriately electrocuted him in court, US media report.
Judge George Gallagher ordered the bailiff to activate a stun belt sending 50,000 volts through Morris when he allegedly refused to answer questions.
Other
'The Crisis in the Criminal Justice System'
An interesting article written by Mark George QC on funding cuts in the criminal justice system.
'How many murders can a police informer get away with?'
In January, Northern Irish paramilitary Gary Haggarty pleaded guilty to hundreds of violent crimes, including many killings – while working for the British state
Obscurity
Tainted Cultural Objects
Dealing in a tainted cultural object is contrary to section 1 of the Dealing in Cultural Objects (Offences) Act 2003.