News
Suspended Sentence Warning Issued
Judges, magistrates, court clerks and probation officers have all been instructed to stop handing down so many suspended prison sentences and switch instead to giving offenders community orders.
A leaked circular sent earlier this month by the chair of the Sentencing Council, Lord Justice Treacy, to courts across England and Wales warned that a punitive culture had developed – imposing suspended sentences “as a more severe form of community order” when not legally appropriate. Probation officers have been told to no longer recommend suspended sentences in pre-sentence reports.
'Killer is first to be freed from jail after change in gang murder law'
A man has been released from prison after becoming the first person to have a joint enterprise murder conviction quashed following a landmark ruling in the Supreme Court. The law had led to many convictions of people who were present at a killing but did not strike the fatal blow. It was thought that dozens of prisoners would mount a challenge but few have.
The appeal relied on the landmark decisions in R v Jogee and R v Johnson.
Knife Crime Up 22%
Violent crime in England and Wales is rising at an accelerating pace, according to police figures showing a 22% increase in knife crime and 11% rise in gun crime.
The figures for 2017 from the Office for National Statistics show overall crime has fallen owing in part to a 28% decrease in computer misuse offences. But violent crime is on the up. Police recorded 39,598 offences involving a knife or sharp instrument in the year to December 2017, a 22% increase compared with the previous year (32,468), and the highest number registered since comparable records started in 2010.
AGFS Powerpoint Presentation
The Government has published a PowerPoint presentation in response to the ongoing AGFS strike fees dispute, containing statistics based on new data models.
In line with the principles underpinning the new scheme, the MoJ believes these changes will ensure advocates’ remuneration better reflects the actual work done in Crown Court cases.
Cases
R v Rana [2018] EWCA Crim 725
Fresh expert evidence regarding the distance over which a mobile phone could connect to a router using WiFi rendered the conviction for arson endangering life unsafe.
Other
'The Secret BPTC Student on legal aid cuts and the criminal Bar'
A guest post on The Secret Barrister blog, explaining the ongoing dispute between the criminal Bar and the government over legal aid fees and the funding of the CJS.
The Pursuit of Criminal Justice - Sir Brian Leveson
Sir Brian Leveson gave the inaugural Criminal Cases Review Commission lecture, which addressed the purpose of the CJS, the trial process, and the history of reform within the CJS.
Obscurity
Melting Coins
Melting metal coins without a licence is contrary to section 10 of the Coinage Act 1971.