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
'Barrier to employment lifted for thousands of ex-offenders'
Over 120,000 former offenders will find it easier to get work and turn their lives away from crime following a change in the law. These changes significantly reduce the time people with criminal convictions are legally required to declare them to most potential employers after serving their sentence and when applying for courses, insurance and housing.
Under the previous rules, some offenders needed to disclose their sentences for the rest of their lives, even for crimes committed decades earlier, a significant barrier to them getting a job and rebuilding their lives. Now, custodial sentences of four years or more years for less serious crimes become ‘spent’ after a seven-year period of rehabilitation, as long as no further offence is committed. Offenders who have committed serious sexual, violent, or terrorist offences are excluded from these changes to ensure this does not result in an increased risk to the public. Stricter disclosure rules will continue to apply to jobs that involve working with vulnerable people, through standard and enhanced DBS checks.
The Ministry of Justice has also brought in changes that will mean offenders serving shorter sentences for less serious crimes will need to declare their criminal record for shorter periods, helping turn their lives away from crime.
'Met Police: Thousands of officers redeployed for protests'
Around 3,500 community police officers have been redeployed to central London protests in the past three weeks, the Met commissioner has said. Sir Mark Rowley told the London Assembly he was "deeply concerned" about the impact on community policing. He added that if the protests were to continue, the Met would have to rethink its resources going forward. The commissioner also believed the force had been balanced in its approach to investigating hate crime...
On the weekend of 14 October, Sir Mark said 1,000 community officers were redeployed as the first two Israel-Gaza protests took place in central London. The following weekend (21 October) saw an increase, with 1,500 redeployed and last weekend (28 October) 2,000 were redeployed. He said: "I am deeply concerned about the effect this has on local policing and the balance of that effort across London. "Clearly we can't let these protests get out of hand but it is creating a significant stretch." He explained that he anticipated that if these protests continued as a "sustained pattern" it would mean the force would have to change their approach to resources to make it sustainable. It comes as further pro-Palestinian protests are planned for Remembrance weekend, including a "significant demonstration" on 11 November in central London...
'American bully XLs added to list of banned dogs in England and Wales'
American bully XLs are being added to the list of banned dogs in England and Wales, making it illegal to own one without an exemption from 1 February next year. From January the dogs will also have to be muzzled and on a lead in public. There will be a longer deadline for owners to ensure the dogs are neutered. It follows a number of attacks involving the breed, although owners insist the dogs, despite their appearance, make lovable pets. From 31 December 2023 it will be against the law to sell, abandon, breed from or give away an American bully XL, or have one in public without a lead or muzzle. If your dog is less than one year old on 31 January 2024, it must be neutered by 31 December next year. If your dog is older than one year old on 31 January 2024, it must be neutered by 30 June.
The guidance is similar to that issued for the four breeds which were banned under the Dangerous Dogs Act 1991: the American pit bull terrier, the Japanese tosa, the Dogo Argentinos and the Fila Brazileiro...
'Review of investigations after police use of force: terms of reference'
On 24 September 2023 the Home Secretary announced a review of investigatory arrangements which follow the police use of force and police driving related incidents. It is vital the public and officers have clarity and confidence in the accountability system relating to police use of force and police driving, including the efficacy of investigations.
This Home Office-led review will assess:
- the existing legal frameworks and guidance on practice that underpin police use of force and police driving
- the subsequent framework for investigation of any incidents that may occur, including timeframes for conclusion
- how post-incident learnings and communications can improve both officers and the public’s confidence in these frameworks
'Magistrates to be able to record their own verdicts in Single Justice cases'
Magistrates who have completed the relevant training will soon be able to choose to enter and submit the results of Single Justice cases directly onto our Common Platform case management system. They will have direct access to the relevant areas of the system, and will be able to record their own decisions without needing to wait for them to be entered by a court official. However, they will still be advised and supported by a qualified legal professional throughout each session...
Single Justice cases are already managed on Common Platform throughout England and Wales for non-police prosecutors including the Driver and Vehicle Licensing Agency, Transport for London, Merseyrail and TV Licensing. Magistrates will be able to record their own decisions on all these types of cases under the new model when it goes live. It will also include SJP cases for additional train, bus and tram operators as they are onboarded onto Common Platform...
Cases
R v McSweeney [2023] EWCA Crim 1250
In the early hours of 26 June 2022 Jordan McSweeney, now 30 years old, subjected Zara Aleena to a brutal and sexually-motivated attack causing her multiple injuries from which she tragically died. On 18 November 2022 he pleaded guilty to her murder contrary to common law and sexual assault contrary to s. 3(1) of the Sexual Offences Act 2003. On 14 December 2022 Cheema-Grubb J ("the Judge") sentenced him to life imprisonment for the murder with a period of 38 years specified as the minimum term under s. 322 of the Sentencing Act 2020, and 4 years' imprisonment for the sexual assault (to run concurrently)...
These were abhorrent crimes. They involved a planned, determined sexual assault, followed by a sustained and repeated attack which culminated in the death of a young, wonderful woman, full of promise and talent, and who was loved by so many. She was spirited, intelligent and kind. As was stated in Stewart (at [19ix)]), the period that a murderer must serve does not reflect the value of the life taken away, and does not attempt to do so. This was a difficult sentencing exercise, which the Judge carried out with care and sensitivity. Nevertheless, applying the relevant statutory sentencing regime, we have reached the conclusion that the minimum term of 38 years, after credit for guilty plea, is not sustainable. It was manifestly excessive. We therefore allow the appeal. We quash the minimum term of 38 years on the count of murder and substitute in its place a minimum term of 33 years...
Education
'Barrister apprenticeships will lower costs and improve access'
Barrister apprenticeships could be introduced next year in a move that is hoped will further shake the profession out of its elitist image. Solicitors have been able to qualify through apprenticeships since 2016 and many law firms offer them. But the smaller barristers’ side of the profession has lagged behind.
The proposed reform would enable students to earn while they learn and complete their training over six years, potentially qualifying to practise at the Bar debt-free. At present, to qualify as a barrister, students must complete the vocational and work-based training elements in strict linear order — starting with a law degree or one-year postgraduate conversion course, then a vocational year at Bar school and finally a 12-month pupillage, during which they shadow a barrister...
Other
'Government response to the Law Commission Report Unfitness to Plead'
This document sets out the government’s response to the Law Commission’s report on Unfitness to Plead. The unfitness to plead framework addresses what should happen in criminal courts where a defendant lacks sufficient capability or capacity to effectively participate in their trial, including understanding the charges against them and deciding how to plead...
The government has accepted the majority of the Law Commission’s recommendations, which will modernise the unfitness to plead procedure. The government will look to bring forward legislation to implement these recommendations when Parliamentary time allows