Issue 335  2nd March 2024

The Attorney General's Guidelines on Disclosure have been updated with guidance on digital materials, the Solicitor General has confirmed...

Following a review of the guidelines, where we have worked closely with criminal justice agencies, I have updated the Attorney General’s Guidelines on Disclosure - specifically guidance on digital materials. Changes to the current guidance include highlighting the importance of having effective strategies for block listing, as well as encouraging better engagement between Prosecutors and Defence at both pre and post-charge stages...

HM Courts & Tribunals Service has revealed that a web-based platform that was supposed to be replaced by the troubled Common Platform courts IT system will remain. Work on Common Platform, which began in 2012 and will be completed next year, is intended to enable parties in a criminal case to access relevant information on one system. It is one of the flagships of the HMCTS courts reform programme. However, HMCTS director Daniel Flury today revealed that the Crown court digital case system will remain while Common Platform improvement works continue...

Common Platform will remain the system of court record in the Crown and magistrates’ court. However, HMCTS decided to retain the digital case system being told by staff, judges and lawyers that it ‘works well’ and meets their needs. Flury said: ‘We’ll look at ways we can enhance DCS in future and make sure the two systems work well together, and we’re exploring opportunities for the transfer of data and information between them. This means that, for now, there’s no change to the way legal professionals use systems in the Crown Court.'

A major investigation has been launched by the Home Office after faulty mobile phone data is believed to have been used as evidence in criminal cases for over a year, the Evening Standard can reveal. There are fears convictions could be challenged and upcoming trials delayed after O2 informed police chiefs that there were concerns about the accuracy of information it was providing to forces.

The problem is understood to date back to mid-2022 and has still not been rectified. O2, Britain's second largest telecommunications provider, said it was working to fix the matter as "a top priority" and the National Police Chiefs Council (NPCC) has sent out letters warning forces about the unreliable data. The bug relates to a phone’s unique International Mobile Equipment Identity (IMEI) number and could mean information presented to juries about calls a defendant made or received are incorrect. It could also impact location data, which is used to pinpoint where an accused person was when a crime was committed.

A Home Office spokesman said: “We are aware of an issue involving a telecommunications operator which has affected the provision of communications data. We are working with the relevant organisations and it would be inappropriate to comment further on this matter while an investigation is ongoing”...

An O2 spokesman said: “We are investigating an issue relating to the accuracy of some data provided to certain operational partners. We take this matter very seriously and we have notified the relevant bodies, taken steps to help mitigate against a recurrence in the short-term and our teams are currently working to determine the facts and fully resolve any issues as a top priority.”

A spokesman for the NPCC said: “We have been made aware of an error involving some data supplied by a telecommunications company. We are working with a range of partners to establish the exact implications of this fault and to ensure appropriate steps are taken to mitigate and resolve the issue. A more detailed update will be provided in due course.”

A pilot of ‘Intensive Supervision Courts’ launched last year in Liverpool, Teesside and Birmingham courts, as part of a tough community sentencing approach to tackle the root causes of offenders’ behaviour and protect the public. Since the launch in June 2023, over 55 offenders have been ordered to meet regularly with the same judge, engage with specialist treatment and been subject to enhanced supervision including random drug testing from the Probation Service. The order could also include an electronic tag to monitor compliance and track their every move.

Studies show that getting offenders to confront their addiction through specialist support helps drive down their chance of committing further crimes. Research from several countries suggests that on average a ‘problem-solving’ approach resulted in a 33% decrease in the rate of arrests compared to offenders who receive standard sentences. Offenders who fail to comply with the order face tough sanctions such as being temporarily sent to prison or increased drug testing.

The Lord Chancellor, Alex Chalk KC, visited Liverpool Crown Court yesterday (22 February 2024) to see the substance misuse court in action...