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
'Every criminal court now connected to single data system for the first time'
Every Crown and magistrates’ court now has access to the ‘Common Platform’ system, which will allow quicker and seamless sharing of information between all those involved in criminal justice cases.
Under Common Platform all relevant case materials will be available in one accessible place across all criminal courts – from arrest through to trial and, for those convicted, on to the prison and probation service.
'Tighter direction for use of police cautions unveiled'
Stricter rules to govern how police use cautions will ensure they should only be used for minor, first-time offences under a new code of practice published today (2 August).
Last year, the government changed the law to end a patchwork of cautions, warnings and penalties that had previously led to the inconsistent and, sometimes, inappropriate use of so-called Out of Court Disposals (OOCDs). It was replaced with a simpler two-tier caution system designed to deal with low-level and first-time offences in a proportionate way outside of court, while sending a clear message that serious, persistent offenders will always be pursued rigorously through the courts. The new, draft Code of Practice provides stricter guidance to police on how and when to use OOCDs, including the need to consider victims’ views when considering using them and the conditions applied to any caution...
'Home Secretary cracks down on criminals receiving citizenship'
Tougher rules will make sure serious criminals cannot claim British citizenship regardless of when or where the crime took place. The government crackdown will come into effect tomorrow (31 July), with the strengthened rules applying to new applications from anyone who has received at least a 12-month prison sentence. This re-affirms the government’s commitment to protecting UK borders and ensuring no one with a criminal record can abuse the British immigration and nationality system.
The updated rules are stricter and more specific on so-called “good character” requirements, which are a key condition to be granted British citizenship, and look at whether an individual has observed UK law as well as shown respect for the rights and freedoms of British citizens. The requirements include factors such as criminal convictions, immigration offending and serious behaviour like war crimes, terrorism or genocide...
Cases
R v Trowland & Decker [2023] EWCA Crim 919
In the early hours of 17 October 2022 Mr Morgan Trowland, who is now 40 years old, and Mr Marcus Decker, who is now 34 years old, scaled the Queen Elizabeth II bridge on the M25 carriageway. They hoisted a "Just Stop Oil" banner across the bridge, and suspended themselves in hammocks. There they remained until arrested some 36 hours later. The bridge was closed for about 40 hours as a result of the protest, causing extreme disruption to many members of the public. Both men ("the protesters") were repeat protest offenders on bail at the time...
We conclude by acknowledging the long and honourable tradition of civil disobedience on conscientious grounds as described by Lord Hoffman in Jones at [89]. We also recognise that the sentences imposed go well beyond previous sentences imposed for this type of offending under the old common law offence. However, they reflect Parliament's will, as enacted in s. 78. As set out above, by s. 78 Parliament introduced a new fault-based public nuisance offence for what obviously will include non-violent protest behaviour, with a maximum sentence of 10 years' imprisonment. Further, the sentences meet the legitimate sentencing aim of deterrence for such offending in current times. The sentences should not be seen as having a "chilling effect" on the right to peaceful protest or to assembly more generally; deterrence and "chilling effect" are not the same. This protest was of a wholly different nature and scale to the many non-violent protests of conscientious activists up and down the country exercising their rights to freedom of expression and assembly on a daily basis.
We therefore dismiss the appeals. The judge made no material error of principle. His sentences of three years' imprisonment for Mr Trowland and two years and seven months' imprisonment for Mr Decker were severe. But we have concluded that they were not manifestly excessive; nor did they amount to a disproportionate interference with their rights of freedom of expression and assembly under Article 10 and Article 11 so as to be unlawful. This was very serious offending by repeat protest offenders who were trespassers (and on bail) at the time; whist the protest was non-violent as such, it had extreme consequences for many, many members of the public. Mr Trowland stated in his evidence that "the warning message is dependent on disruption". The grave consequences that we have described were not only inevitable, as the protesters would have known, they were precisely what the protesters intended and set out to achieve.
International
'Donald Trump pleads not guilty to election charges in latest arraignment'
Former US President Donald Trump has pleaded not guilty in a Washington DC court to conspiring to overturn his 2020 election defeat. During a short arraignment, he spoke softly to confirm his not-guilty plea, name and age, and that he was not under the influence of any substances. He later told reporters the case was "persecution of a political opponent". It marks the former president's third appearance in four months as a criminal defendant...