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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
King's Counsel Appointments
The appointments of 95 new King’s Counsel (also known as silk) are announced today. These appointments are made by His Majesty The King on the advice of the Lord Chancellor, Alex Chalk KC MP, following consideration by the independent King’s Counsel (KC) Selection Panel.
'Government backs new pet abduction law in pet theft crackdown'
A new criminal offence for pet abduction has taken a significant step forward today (19 January) with the announcement of government backing for new legislation. Under the Pet Abduction Bill - a Private Member’s Bill sponsored by Anna Firth MP – anyone found guilty of stealing a pet will face up to five years in prison, a fine, or both.
By supporting the Pet Abduction Bill, the Government is delivering on pledges made in its Action Plan for Animal Welfare. This recognised that cats and dogs are not inanimate objects but sentient beings capable of experiencing distress and other emotional trauma when they are stolen from their owners or keepers...
'Clampdown on child abuse as a gap in the law closed'
Children will be better protected from sexual abuse following change to the law making it easier to prosecute criminals who have had sex in front of children for gratification.
An amendment to the Criminal Justice Bill will remove the need to prove that the perpetrators knew, believed, or intended that the child was aware. Instead, the offence will focus on whether they are exploiting the child’s presence for their own sexual gratification, ensuring that convictions will no longer be missed...
The tabled amendment would amend offences at sections 11, 18, 32, 36 and 40 of the Sexual Offences Act 2003 to criminalise sexual activity in the presence of a child or a person with a mental disorder, where the defendant engages in sexual activity in the child’s presence for the purposes of obtaining sexual gratification but does not know, intend or believe the child is aware that they are engaging in the sexual activity. Currently the law in this area hinges on whether the defendant knew or believed that child was aware of sexual activity in their presence, or if the defendant intended them to be aware of it. However, proving this belief, knowledge or intention can be problematic in some cases, particularly when the child involved is too young to give evidence. Instead, the amendment will mean that the offences will no longer require the defendant to know, believe or intend that the child is aware of the sexual activity but retains the link between the fact of the child’s presence and the defendant’s own sexual gratification.
'BSB to scrap requirement for barristers to have a degree'
The Bar Standard Board (BSB) is planning to scrap the requirement that Bar students have at least a lower second-class degree, opening the way for those with third-class degrees or no degree at all to become a barrister...
In a consultation paper last week, the BSB said it wanted to change the definition of academic training. “This change would mean that applicants without a degree could apply for entry onto a vocational course.” However, all applicants “would be assessed against the same criteria, that is, whether they are competent in respect of academic legal training”...
Presently, prospective barristers who are non-graduates or overseas applicants must obtain a certificate of academic standing from the BSB before they can start a GDL course. The BSB proposed to scrap this, so vocational training providers would instead decide who should be admitted onto their courses. Instead of requiring students to have a 2:2 degree, the training providers would decide whether a candidate was “ready to start the vocational training, taking into account a holistic view of their training, experience and academic record”...
'New First Senior Treasury Counsel confirmed'
Tom Little KC has been appointed as First Senior Treasury Counsel to the Crown, the Attorney General has today announced. Rt Hon Victoria Prentis KC MP, has announced the appointment which will come into effect on 1 April 2024...
Other
'The inside story of two rape trials: It’s as bad as I’ve ever known it'
In sexual assault cases, the work of prosecution barristers is complex, poorly paid – and essential. With conviction rates extraordinarily low and barristers quitting criminal practice in droves, the Guardian shadowed one prosecutor for two years...
'Police videos reveal grooming fantasist Eleanor Williams' deceit'
A serial fantasist's lies that she was groomed by an Asian gang are set out in 50 hours of police videos. The footage, shared exclusively with the BBC, tracks Eleanor Williams' deceit as it becomes more elaborate over a three-year period. One video shows her with self-inflicted facial wounds while acting drugged. Williams, 23, from Barrow-in-Furness, Cumbria, was jailed for eight-and-a-half years after being found guilty of perverting the course of justice...