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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
'Met Police: Women and children failed by 'boys' club', review finds'
Women and children have been failed by the Metropolitan Police, with racism, misogyny, and homophobia at the heart of the force, a blistering review says. Baroness Casey says a "boys' club" culture is rife and the force could be dismantled if it does not improve. Her year-long review condemns systemic failures, painting a picture of a force where rape cases were dropped because freezers containing key evidence broke. The Met's Commissioner Sir Mark Rowley has apologised to Londoners...
Baroness Casey was appointed to review the force's culture and standards after the abduction, rape and murder of Sarah Everard by serving police officer Wayne Couzens, in 2021. During the course of her review, another Met officer, David Carrick, was convicted of a series of rapes, sexual offences and torture of women. The report begins with a tribute to Sarah Everard's mother and a quote from her victim impact statement, given in court. It says "those crimes and those betrayals of trust" led to this review. The 363-page report condemns the force as institutionally racist, misogynist and homophobic. Staff routinely experience sexism, it adds. There are racist officers and staff, and a "deep-seated homophobia" in the organisation. In London, Baroness Casey says policing by consent - the idea ordinary people trust the police to act honourably and be held accountable - is broken...
The report can be read here.
'The application of sentencing principles during a period when the prison population is very high'
The Council is aware of concerns in relation to the current prison population in England and Wales. This raises the issue of whether the potential impact on offenders should be considered in sentencing... On 3 March 2023 the Court of Appeal delivered its judgment in the case of R v Arie Ali [2023] EWCA Crim 232, which refers to sentencing and the impact of the current, very high prison population. When the courts are considering sentencing an offence that crosses the threshold for a short custodial sentence, judges and magistrates can elect to suspend the sentence or impose a community order instead. The judgment in the case of Ali clarifies that, in such instances, and while there continues to be pressure on prison capacity, the courts can take into account the impact of the current prison population levels when making that decision... This does not mean that the high prison population is a factor which requires all short prison sentences to be suspended. Rather, when a court has to decide whether a custodial sentence must be imposed immediately or whether the sentence can be suspended, the high prison population is a factor to be taken into account.
'Hotspot policing to halt rise in antisocial behaviour'
Public drug use, fly-tipping and low-level crimes such as graffiti are to be targeted with a strategy of “hotspot” policing and “short and sharp” punishments under plans for a crackdown on antisocial behaviour to be announced next week. To address growing public concern about a proliferation in nuisance crime, ministers will unveil “tougher” enforcement powers that could mean those caught vandalising property are forced to repair it.
Police could be given powers to carry out on-the-spot drug tests on the street for the first time under plans that will be consulted on over the next few months. There will also be new laws to crack down on nuisance begging, including a ban on asking for money at cash dispensers. A ban on the sale and possession of nitrous oxide, known as laughing gas, will be announced to address growing concerns about its impact on health and the littering in streets of the metal canisters that carry the substance. Perpetrators of antisocial behaviour such as fly-tipping, graffiti and other damage to public infrastructure will be forced to clean up and repair damage within 48 hours of committing the offence under plans for “immediate justice”...
'Some lawyers vow to not prosecute climate activists'
Leading lawyers say they will refuse to prosecute climate protesters or represent new fossil fuel projects. More than 120 lawyers have vowed to not act against activists from groups such as Extinction Rebellion and Just Stop Oil who are "exercising their democratic right of peaceful protest". They have published a "Declaration of Conscience", and face the prospect of disciplinary action... The group, who call themselves 'Lawyers Are Responsible', say they will withhold their services supporting new fossil fuel projects and any action against climate protesters who are "exercising their democratic right of peaceful protest"...
.... The chair of the Bar Council Nick Vineall KC said it was "disappointing"... In a statement, Mr Vineall said: "The cab rank rule prevents barristers from refusing work because they disagree with the actions or views of those seeking their services." The rule "promotes access to justice and promotes the rule of law", he said, adding: "It is disappointing that some lawyers apparently wish to remove these rights from people of whom they disapprove." "I would be profoundly unhappy if a climate change activist accused of a public order offence were ever to be precluded from obtaining the services of the barrister of their choice because their chosen barrister happened to disapprove of the particular way in which they had been protesting," he said...
'DPP to step down in the autumn'
Max Hill KC is to step down as director of public prosecutions at the end of October when his five-year appointment as head of the Crown Prosecution Service (CPS) comes to an end. He could have asked for a further term but he told CPS staff yesterday that he would not be doing so. The vacancy will be advertised in due course...
'Ministers call for ban on zombie knives after gangs use legal loophole to get their hands on weapon'
Chilling photos show the huge Zombie knives and machetes that can easily be bought online with no checks as ministers consider a change to weapon legislation to stop gangs exploiting legal loopholes.
Policing minister Chris Philp is set to rewrite laws to make it an offence to sell the huge blades online or in high street shops and to possess them in the home, the Telegraph reports. Currently police can only confiscate and prosecute possession of zombie knives if the blades have a cutting or serrated edge or contain 'images or words' that suggest a violent purpose. The loophole has been blamed on a increase in robberies and street violence where gangs have attacked one another and intimidated members of the public with the unregulated sword-like weapons...