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
'Trust in police hanging by a thread, inspectorate says'
Time is running out if the police and the government are to restore public trust in policing, the Chief Inspector of Constabulary has warned. In his annual report, Andy Cooke said police forces were experiencing "one of their biggest crises in living memory". "Atrocious" crimes committed by serving police officers had fuelled distrust, while too few criminals were being caught, he added.
Mr Cooke has called for new powers to enforce improvements. In his annual assessment of policing in England and Wales, Mr Cooke's first since his appointment last year, he said police were failing to keep up with rising demand from the public and too often were not doing the basics right.
'UK police now attending scene of every home burglary, chiefs say'
Officers are attending every home burglary in England and Wales following a pledge to roll out the policy, police chiefs have said. The National Police Chiefs’ Council (NPCC) committed forces to attending all home burglaries in a new set of standards announced last year that they hoped would result in more crimes being solved and more criminals prosecuted. The NPCC has now confirmed that all 43 forces in England and Wales have been implementing the policy since March...
Out of 148,764 residential burglaries recorded by police forces in England and Wales in 2021/22, just 3.5 per cent (5,236) resulted in a charge or summons. Almost 72 per cent of the investigations were closed with no suspect identified (106,632). The latest number of reported burglaries is lower than in previous years, probably down to periods of lockdown during the coronavirus pandemic when fewer crimes were committed...
'First ever female Lord Chief Justice to be named'
A woman is to become lord chief justice for the first time, ending a male stranglehold on the post dating back 755 years. Two women – Dame Victoria Sharp, 67, a senior high court judge, and Dame Sue Carr, 58, an appeal court judge – were the only judges to make it to the final shortlist where they were interviewed by a specially chosen panel. Alex Chalk, the Lord Chancellor and Justice Secretary, is expected to announce within the next fortnight which of the two women will be head of the judiciary in England and Wales, once his and the Prime Minister’s recommendation is approved by the King...
'Two non-judicial members to the Criminal Procedure Committee reappointed'
The Lord Chancellor has approved the reappointment of Paul Jarvis and Edmund Smyth as non-judicial members of the Criminal Procedure Rule Committee (CPRC) for 4 years from 1 September 2023...
'Judge removed from office for deleting data'
A circuit judge has been removed from office for misconduct after he 'deliberately' deleted data which was of police interest. His honour judge Andrew Easteal, appointed in 2018, was found to have deliberately deleted data in the knowledge that it was of interest to police officers carrying out a criminal investigation, the Judicial Conduct Investigations Office said. Easteal denied that his intention was to frustrate the criminal investigation but his actions were found to have been ‘misconduct of the utmost seriousness’...
International
'Northern Ireland criminal justice system at breaking point'
The criminal justice system in Northern Ireland is at breaking point, a leading voice for victims has warned. Geraldine Hanna, the victims of crime commissioner designate, said "people talk about the health service being broken, I think our justice system is not far off". It comes after a report warned that victims were being failed by long delays to cases going through court. Police and prosecutors both say budget cuts have contributed to the situation.
On average, criminal cases take twice as long to conclude in Northern Ireland compared to England and Wales. Victims in serious criminal cases - including murder - have told BBC News NI's Spotlight programme that delays have put their lives on hold and traumatised them further. Some cases are lasting five years and longer. One recent case, involving child cruelty, concluded after eight and a half years...
Other
'Lord chancellor to lead London Legal Walk'
The new lord chancellor, former criminal barrister Alex Chalk MP, is to join some 16,000 lawyers in the biggest fundraising event in the legal year, this year's London Legal Walk on Tuesday. Chalk is the first lord chancellor to join the event in recent years. He will lead the walk alongside the lord chief justice, the president of the Law Society, the director of public prosecutions and the Treasury solicitor and permanent secretary to the Government Legal Department. This year the event, organised by the London Legal Support Trust, aims to raise £1m to support free legal advice in London and the southeast...
Sponsored
A Practical Guide to Digital Communications Evidence in Criminal Law
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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.