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
'Liberty and Home Office pause court battle over anti-protest legislation'
A court battle between campaign body Liberty and the government over anti-protest laws has been paused as the two sides prepare to see if they can resolve their dispute. The Court of Appeal was due today to hear the government’s appeal to the High Court’s decision in May to quash regulations that altered the threshold for police intervention in public processions and assemblies. Late yesterday, Liberty announced that its lawyers had agreed to adjourn today's hearing and the organisation will meet the Home Office in the next few weeks to find a resolution...
'IBOR two granted permission to appeal to Supreme Court'
The Supreme Court has granted permission for the cases of former currency traders Tom Hayes and Carlo Palombo to be heard by the highest court in the land. Permission to appeal was granted after the Court of Appeal dismissed both appeals in April following a referral from the Criminal Cases Review Commission.
Though the appeal was dismissed, Lord Justice Bean, Lord Justice Popplewell and Mr Justice Bryan certified a point of law of general public importance relating to the proper construction of the London Inter-Bank Offered Rate (LIBOR) and Euro Interbank Offered Rate (EURIBOR) definition which allowed Hayes and Palombo to apply to the Supreme Court for permission to appeal...
'UK drink-drive deaths rise to 300 a year in dangerous upward trend'
Deaths due to drinking and driving on UK roads have increased to 300 annually, a 13-year high, according to newly published government data. There were an estimated 300 deaths where at least one driver was over the legal blood-alcohol limit in 2022, the latest year for which official figures are available, the Department for Transport said. This is the highest annual figure since 2009, a toll motoring organisations described as “abhorrent” and concerning...
'Jet skier issued first caution under new watercraft safety law'
A jet skier who forced an Isle of Wight ferry to take evasive action after steering across its path has become the first to be cautioned by the Maritime and Coastguard Agency (MCA) under a new water safety law. The offence was committed by a man in his 20s from Southampton at the entrance to Cowes Harbour on 4 August 2023 after he circled directly across the ferry’s path, within metres of its bow...
The jet skier admitted breaching Rule 9 of the International Regulations for the Prevention of Collision at Sea (IRPCS), contrary to Section 4 of The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996. Since 31 March last year, the law has also applied to jet skiers (under the Merchant Shipping (Watercraft) Order 2023), which enables those who endanger others by using powered watercraft of any size in a dangerous manner to be prosecuted.
Cases
DPP v Lewes Crown Court [2024] EWHC 1885 (Admin)
The issue is whether there is a custody time limit which governs the period following the remission to the magistrates’ court of a case from the Crown Court under section 46ZA of the Senior Courts Act 1981, and, if so, what that limit is...
The plain words of Regulation 4(2) apply a limit which includes all time spent in the custody of the magistrates’ court between first appearance and the start of summary trial. They do not provide for any time spent in the custody of the Crown Court to count against that time limit, in contrast to the way in which Regulation 5(6B) deals with the opposite situation...
It may be thought that this result exposes an accused person to a risk that they may be detained for much longer than the Regulations permit, without any need for an extension of any time limit by the court. They may be sent to the Crown Court for trial on the first appearance in the magistrates’ court, and then held in the custody of the Crown Court for 182 days. If they are remitted for summary trial at or near the end of that period they will be liable to be further detained for 70 days. The answer to that is, first, that remission under section 46ZA can only occur with the consent of the accused person. Secondly, the Crown Court when remitting the case can consider bail under section 46ZA(6), and the magistrates’ court would also be able to entertain a bail application. The power under section 46ZA(6) only allows the Crown Court to give directions about bail or custody “until the accused can appear or be brought before the magistrates’ court”. In many cases, but not necessarily all, remission to the magistrates’ court will take place where the Crown Court considers that the sentencing powers of that court are adequate to deal with the case. A bail application made at a time when a person has served the time which would have to be served prior to release (currently half of the sentence) would have considerable force. This factor, combined with remission from the Crown Court, is very likely to amount to a change of circumstances enabling an application to be made and heard...