Issue 299  24th June 2023

Suella Braverman has called on police to increase the use of stop and search powers “to prevent violence and save more lives”. In a statement aimed at all 43 forces in England and Wales, the home secretary said officers who used the powers had her “full support”.

Her comments are likely to alarm critics of stop and search who point out that the technique disproportionately targets black and minority ethnic communities. Government statistics suggest black people are seven times more like to be stopped and searched compared with white people. Campaign groups have previously said relaxing restrictions on police use of stop and search could compound discrimination. In remarks that appear to be aimed at addressing anticipated criticism, Braverman said young black males were disproportionately affected by knife crime...

Rape victims will be given the opportunity to meet the Crown Prosecution Service (CPS) staff involved in their case ahead of a trial in the latest move to guide them through the criminal justice system.

This will give victims the chance to discuss what they can expect in court, better understand the process and be talked through the support measures available to them such as appearing via video link. It will also provide victims the opportunity to have their voice heard and discuss any concerns ahead of trial. This obligation will be cemented into an updated Victims’ Code, the principles of which will be put on a statutory footing through the Victims and Prisoners Bill. The bill begins its next stage through Parliament today...

The Law Society has been granted permission to take the government to court over its decision not to raise criminal legal aid fees by the minimum 15% recommended by the Bellamy review. Chancery Lane argued in its application that the government’s decision was irrational, lacked reasons and was in breach of the constitutional right of access to justice. Permission was granted by the High Court today on all three grounds.

Society president Lubna Shuja said: ‘We would encourage the new lord chancellor to reconsider his predecessor's refusal to engage with us in some form of alternative dispute resolution and to address our concerns without the need for continued intervention from the court. We are keen to work with the lord chancellor to find a way forward which will make this crucially important work financially viable for criminal defence solicitors.’ The Bellamy review, published towards the end of 2021, recommended an immediate 15% uplift in fees for solicitors and barristers as soon as possible. Publishing the government's final response a year later, the Ministry of Justice said solicitor firms would see a total fee increase of around 11%.

The BSB has today issued a consultation document seeking views on proposed changes which would widen the powers of the BSB and of Disciplinary Tribunals in order to:

1) give Disciplinary Tribunals the power to impose interim restrictions on a barrister’s practising certificate, or the withdrawal of practising rights on an interim basis, where a finding of misconduct has been made but the decision on sanction has been deferred to a later date; and

2) extend the BSB’s power to refer a person to an interim suspension panel, by replacing “to protect the interests of clients (or former or potential clients)” with “for the protection of the public or in the public interest” as a criterion for such a referral.