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
'Pet Abduction Bill becomes law'
Legislation to make pet abduction a criminal offence received Royal Assent today (24 May). Under the Pet Abduction Act 2024 – which was a Private Members’ Bill sponsored by Anna Firth MP and Lord Black of Brentwood and supported by the Government – anyone found guilty of stealing a pet in England or Northern Ireland will face up to five years in prison, a fine, or both. The new law recognises 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...
'Victims and Prisoners Bill becomes law'
The Victims and Prisoners Bill received Royal Assent and became an Act of Parliament following its final stages in the House of Lords on Thursday 23 and Friday 24 May. The Victims and Prisoners Bill aims to improve the support and guidance offered to victims of crime and major incidents, and those suffering bereavement, including through the appointment of specialist advocates. The bill will also implement planned government reforms of the parole system, including preventing life-term inmates from marrying and greater ministerial oversight of the Parole Board and the early release of dangerous offenders...
'Bar Council calls for review of whole criminal justice system through Royal Commission'
The Bar Council has submitted written evidence to the Public Accounts Committee’s inquiry update on reducing the backlog in Criminal Courts. Our submission sets out how criminal justice is in a parlous position due to reductions in funding across the system over the last decade of austerity. This has led to structural problems by reference to the insufficient numbers of courts, court staff, judiciary and advocates needed to resolve criminal cases, making it impossible to tackle the crisis of the backlog now at unprecedented levels (over 67,000 cases awaiting trial in the Crown Court)...
Areas for improvement the Bar Council has identified:
- Early legal advice
- Early guilty pleas
- Prison transportation and interpretation services
- The use of remote hearings
- Judicial recruitment
- Community resolution
- Scheduling and listing
- Recruitment and support for legal aid professionals
- Targeting assistance to specific areas and court centres
'Courtwatchers expose a wild west'
A mass court observation project which sat in on more than 1,100 hearings has reported that magistrates’ courts ‘often fall short’, with courtwatchers ‘shocked by what they perceived to be inefficiency’. Drawing on the findings of its CourtWatch London project, Transform Justice has produced recommendations for the Ministry of Justice, judiciary, Sentencing Council, HM Courts & Tribunal Service and Crown Prosecution Service. The report, The Wild West? Courtwatching in London magistrates’ courts, covered defendants, court efficiency and outcomes.
Recommendations to the MoJ include: an independent inquiry into the impact of video hearings; ceasing video links for defendants in hearings, excepting case management hearings, until that inquiry begins; commissioning research into the main causes of court delays; and abolishing the means test in the magistrates’ court for all those charged with an imprisonable offence. Transform Justice also recommends discouraging the use of court fines, encouraging rehabilitative sanctions, discontinuing ‘very old cases’ to reduce listings, and encouraging police to offer more out-of-court resolutions for lower-level cases. Of the 1,055 hearings where an outcome was recorded, 22% were adjourned. Courtwatchers found ‘many delays’ were attributable to lawyers or others not having the information necessary or possessing conflicting information...
Cases
Sentencing remarks in R v Ali and Others
It falls to me to sentence you today for your involvement, along with others not before the court, in the largest fraud of its type ever to be prosecuted in this country. For a period of some years you systematically plundered the state’s support mechanism for the needy in order to fund your lifestyles and those of many others. Bearing in mind the eye-watering sums involved, it may be thought that, for reasons which I shall explain shortly, my sentencing powers are inadequate...
Other
'New government's first task could be releasing thousands of prisoners early amid overcrowding crisis' (£££)
Fearing a pre-election jail overcrowding crisis, officials believe July 5 plan is the only way to prevent justice system grinding to a halt...