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
'Met chief Sir Mark Rowley attacks Crown Prosecution Service cherry-picking easy cases'
Britain’s most senior police officer has accused the Crown Prosecution Service of failing victims of crime by “cherry-picking” easy cases to boost conviction rates instead of taking more suspects to court. Met Commissioner Sir Mark Rowley said he believed that prosecutors “were not taking on the harder cases” and that a “big effort” was needed to reform the justice system to “let juries and magistrates decide” on suspects’ guilt “rather than lawyers in advance”. In a further swipe, he warned that prosecutors were also adding to the risk of domestic abuse victims giving up on cases because Covid-style working practices were preventing rapid charging decisions from being taken...
His most significant comments, however, were on the need for a more robust approach from prosecutors. “When you look at the fact that the cases the CPS prosecute, 80 per cent of them are successful, guilty pleas or convictions, that suggests that we’re not taking on the harder cases, cherry-picking the easy cases rather than trying to get as many cases [to court],” Sir Mark said. “To be successful for victims of all types of crime we need a system that’s prepared to take more difficult cases through and let juries and magistrates decide rather than lawyers in advance. “The CPS and police should be jointly held to account for bringing as many people to justice as possible, whereas at the moment it’s done too separately and the CPS can pick and choose the cases they want to be held to account for how successful they are”...
'CPS at loggerheads with Met Police over 'cherry-picking' jibe'
The Crown Prosecution Service has hit back at accusations from the Met Police that it ‘cherry-picks’ easy cases to boost conviction rates... But last night, Max Hill KC, Director of Public Prosecutions, released a statement denying the commissioner accusations, saying it was ‘unfortunate and concerning’ that he was risking damaging the public’s confidence in reporting crime and their confidence that justice will be done. Hill said: ‘It is not true that prosecutors ‘cherry-pick’ cases to improve prosecution rates. We are an independent and demand-led organisation, and can only prosecute cases that are referred to us by the police themselves. Every case the CPS reviews is judged fairly according to our legal test which has remained unchanged. If they meet the test, we will not hesitate in prosecuting them – easy or hard – and taking them to court’...
'Trolls who encourage serious self-harm to face jail'
Vile trolls who hide behind the anonymity of the internet to encourage others to cause themselves serious harm will face prosecution as part of an overhaul of online safety laws announced today (18 May 2023).
Additions to the Online Safety Bill will make it a crime to encourage someone to cause serious self-harm, regardless of whether or not victims go on to injure themselves and those convicted face up to 5 years in prison. The new offence will add to existing laws which make it illegal to encourage or assist someone to take their own life. Police or prosecutors will only have to prove communication was intended to encourage or assist serious self-harm amounting to grievous bodily harm (GBH) – this could include serious injuries such as broken bones or permanent physical scarring... Encouraging someone to starve themselves or not take prescribed medication will also be covered...
'End to intrusive fishing expeditions of rape victims’ therapy notes'
Victims of rape will no longer face unnecessary and invasive requests to access their therapy notes or other personal records during the investigation stage thanks to new legislation announced today (15 May 2023). For the first time ever, an amendment to the government’s Victims and Prisoners Bill will set out clearly in law that police should only request material that is absolutely necessary and proportionate to ensure that vulnerable victims aren’t put off seeking vital support. This will end expansive fishing expeditions for information that can be irrelevant to the investigation and used to undermine the credibility of the victim..
The new legislation forms part of the Victims and Prisoners Bill which will transform victims’ experience by putting the principles underpinning the Victims’ Code on a statutory footing - sending a clear signal about what they can and should expect from the criminal justice system...
'Campaign to find new Director of Public Prosecutions is launched'
The recruitment campaign to find the next Director of Public Prosecutions (DPP) has launched today, the Attorney General, Rt Hon Victoria Prentis KC MP has announced. The current DPP, Max Hill KC, will stand down on 31 October this year at the end of his five-year term.
Cases
R v Laskowski [2023] EWCA Crim 494
On 30 April 2020 two men exchanged messages via Encrochat phones discussing the supply of controlled drugs. The appellant, who was at that time in the Netherlands, offered to supply 5kg of cocaine to the other man, who was in England. Did such conduct constitute an offence contrary to s4(3) of the Misuse of Drugs Act 1971 of offering to supply a controlled drug of class A to another, in contravention of s4(1)?...
... If the judge had considered the "substantial measure" test, we have no doubt he would have concluded that it was satisfied in the circumstances of this case. We regard the following features of the case as important considerations. The mischief at which the 1971 Act is aimed is, as we have said, the unlawful possession and supply of controlled drugs in the United Kingdom. The appellant has accepted that his offer was an offer to supply cocaine in England. The harm which would be caused by the offered supply of controlled drugs would therefore be suffered in the United Kingdom. The man to whom the offer was made was as a matter of fact also in England. In those circumstances, a substantial measure of the activities constituting the crime did in our judgement take place in England...
... For those reasons, we are satisfied that, although the offer was made from the Netherlands, the "substantial measure" test was satisfied and the Crown Court had jurisdiction. When the offer was made from the Netherlands, the conduct of offering to supply controlled drugs in the United Kingdom was complete and the offence contrary to s4(3) of the Act was committed. Accordingly, whilst we have respectfully found that the judge fell into error in his reasoning, his decision was correct. The conviction is accordingly safe, and this appeal is dismissed.
Sponsored
A Practical Guide to Digital Communications Evidence in Criminal Law
New book for 2023 - get 10% off here by entering code BFR2GSW
Technology has changed the way we communicate with each other, for better or for worse. The result is that most criminal investigations now involve some aspect of digital communications evidence - be it mobile telephones seized from suspects, call data obtained from mobile network operators, or records taken from social media platforms.
This book is for practitioners looking to understand the most common types of digital communications evidence used in criminal prosecutions. From cell site mapping through to mobile telephone extraction, each category of evidence is explained and the relevant law set out. The uses and limitations are explored, as well as a focus on how best the evidence can be presented or challenged before judge and jury. Although primarily aimed at junior advocates and litigators, it is also intended to be a quick reference guide for those more senior.
Part One contains a chapter on each category of evidence, covering: Mobile Telephone Extraction, SIM Card Extraction, Call Data Records, Subscriber Checks, Cell Site Evidence, IP Address Resolution, and Intercept Material. Part Two deals with the relevant notices and warrants under RIPA 2000 and IPA 2016. Part Three is focused on disclosure: how it should be managed, what review tools are available, and how complainants should be treated.