Issue 320  18th November 2023

Judges could be called on to sit in late-night courts to deal with a “surge” of people being charged after protests in London. More than 100 Just Stop Oil activists were taken into custody by the Metropolitan Police on Monday after a demonstration on the A41 near to Brent Cross. The mass arrests come after 126 people were detained by police on Saturday as far-right groups congregated in central London around the Cenotaph and hundreds of thousands of people marched in support of Palestine...

On Monday afternoon an email from the Legal Aid Agency was sent to solicitors, seeking legal representatives to be on duty at Highbury Corner magistrates court between 4pm and 8pm. “HMCTS is running extra evening courts”, the message said, identifying Tuesday and Thursday this week as potential dates where extra cover is needed. The news caused consternation among lawyers who have long-resisted Ministry of Justice attempts to introduce extended working hours beyond the usual 10am to 4.30pm court day. The Criminal Bar Association told its members they are “not obliged, contractually or otherwise, to attend court out of hours”, adding: “We are mindful of the disruptive and harmful impact working outside normal hours have on practitioners, both personally and professionally particularly on those with caring responsibilities.

Evening court sessions were scheduled at a London magistrates’ court this week as part of a contingency plan to manage any increased arrests as a result of marches that took place on Saturday, the Gazette has learned. Lawyers feared a fresh attempt was being made to introduce extended operating hours after Women in Criminal Law, a practitioner group, posted on X that Highbury Corner Magistrates’ Court would be running evening sessions, from 4pm to 8pm, today and Thursday.

This morning, HM Courts & Tribunals Service said: ‘As part of our contingency planning, we routinely work with criminal justice partners to prepare for emerging issues, such as protests, that could lead to increased court activity and impact the wider justice system. Seeking judicial approval to run additional courts is one contingency and would only be used at Highbury Corner Magistrates’ Court as a temporary measure when responding to a surge in demand. We’ve a statutory duty to ensure those held in custody are brought before the court as soon as practicable. None of which have been used so far this week'...

Any plans to introduce extended operating hours would again be met with overwhelming opposition.

A new Criminal Justice Bill will protect the public from ruthless criminals and empower the police to take a zero-tolerance approach to cut crime and keep neighbourhoods safe. The bill, introduced in the House of Commons today (14 November), will be focused on keeping violent criminals locked up for longer and making sure victims’ voices are heard...

Through the bill, police will be given greater powers to retrieve stolen goods from thieves, such as mobile phones, without a warrant and technology used to steal cars including signal jammers parked outside houses will be banned. Officers will also be given more powers to stamp out anti-social behaviour and intimidation and crack down on drug-taking, with powers to test suspects for more drugs on arrest.

Victims will be better protected from knife crime with police given new powers to seize, retain and destroy knives found on private property that are likely to be used in connection with unlawful violence. We are also creating a new offence of possessing a knife with the intent to use it violently...

Other measures contained in the bill include:

• creating a statutory aggravating factor at sentencing for grooming behaviour, to make sure those involved in grooming gangs receive the toughest possible sentences
• boosting confidence in the police by providing for a duty of candour for policing and enabling provisions to allow chief officers of police forces the right to appeal the result of misconduct panels to the Police Appeals Tribunal
• Strengthening Serious Crime Prevention Orders to make it easier for police and other law enforcement agencies to place restrictions on offenders or suspected offenders and stop them from participating in further crime
• new powers to tackle economic crime by strengthening the tools available to law enforcement agencies including prohibiting possession or supply of SIM farms with no legitimate purpose
• reforming confiscation powers used to strip convicted criminals of their proceeds of crime and extending the powers of law enforcement agencies to suspend domain names and IP addresses used for fraudulent purposes
• creating a scheme whereby the government works with the financial sector to use monies in accounts suspended on suspicion of crime for projects to tackle economic crime
• increasing the maximum penalty for the offences of possession, importation, manufacture, sale or supply of prohibited offensive weapons and of selling knives to those under 18 from six months to two years’ imprisonment, reflecting the severity of the offence

As action is being taken to stop low risk offenders getting stuck in the revolving door of short prison sentences, the Government has confirmed that domestic abusers will continue to face jail, and judges will have full discretion to lock up any tormentor who puts an individual at significant risk of psychological or physical harm. Changes to shorter jail stints also won’t apply to those in front of the court for breaching a court order such as a restraining or stalking prevention order. This will keep the safety of women and girls at the heart of the criminal justice system. The announcement comes as the Sentencing Bill, which was set out in the King’s Speech, is introduced in the House of Commons...

Under the plans, the most heinous murderers will spend the rest of their lives locked up, including for any murder involving sexual or sadistic conduct. With Whole Life Orders being handed down in the worst cases, and judges only able to not impose one in exceptional circumstances, life will mean life. The new legislation will also mean rapists and criminals who commit other serious sexual offences spend their full custodial term in prison behind bars, making the average sentence for rape up 50% when the Government came to power in 2010...

While custody is the only appropriate punishment for the most dangerous and violent offenders, for many, a short time in custody can begin a merry-go-round of reoffending that can devastate communities and leave countless more victims. That is why, through the Sentencing Bill, there will be a presumption on the courts to suspend custodial sentences of twelve months or less... Judges will retain their discretion to hand down custodial sentences where they feel it is right in the circumstances of the case.

The Lady Chief Justice is pleased to announce the appointment of three new leadership judges. These roles are the Deputy Senior Presiding Judge, Vice President of the King’s Bench Division and Lead Judge for Diversity & Inclusion, Leadership Development and Wellbeing.