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
'Landmark Sentencing Review launched to end prison crisis'
Public safety will be at the heart of an independent review into sentencing, as the government pledges to end the crisis in our prisons... Chaired by former Lord Chancellor David Gauke, the review will make sure the most serious offenders can be sent to prison to protect the public, and that the country always has the space needed to keep dangerous criminals locked up. Launched on the day more prisoners will be leaving jail under an emergency release scheme due to chronic overcrowding, the review will make sure no government is ever placed in this position again. The prison population has roughly doubled in the last 30 years - but in the last 14 of those years, just 500 places were added to the country’s stock of jail cells.
The government has committed to creating 14,000 extra prison places and outlining a 10-year capacity strategy later this year. Alongside this, the Sentencing Review will follow 3 core principles to ensure a sustainable justice system:
- make sure prison sentences punish serious offenders and protect the public, and there is always the space in prison for the most dangerous offenders
- look at what more can be done to encourage offenders to turn their backs on a life of crime, and keep the public safe by reducing reoffending
- explore tougher punishments outside of prison to make sure these sentences cut crime while making the best use of taxpayers’ money
The review will also specifically consider whether current sentencing for crimes committed against women and girls fits the severity of the act, and ask whether there is more can be done to tackle prolific offending... The review will examine the tough alternatives to custody, such as using technology to place criminals in a ‘prison outside prison’ and forcing offenders to do hard work in the community that gives back to society. In developing their recommendations, the independent chair and panel will look at evidence in this country and also from overseas jurisdictions, such as the US, to explore alternative approaches to criminal justice...
The review will submit its findings in full to the Lord Chancellor by Spring 2025.
'More prisoners to be freed early to ease overcrowding in jails'
The government is releasing 1,100 more prisoners early, as part of its emergency plan to ease overcrowding in jails in England and Wales. Offenders serving more than five years are being released on licence after spending 40% of their time behind bars, a scheme that excludes those convicted of serious violence, sex crimes and terrorism...
Tuesday’s early releases are the second and final part of the emergency plan announced by ministers days after the general election, which aimed to free 5,500 prison spaces across England and Wales. Many of those leaving jail on Tuesday will have come from open prisons, meaning they have been working towards rehabilitation...
'Met firearms officer not guilty of murdering Chris Kaba in police shooting'
A Metropolitan Police marksman has been acquitted of murdering unarmed driver Chris Kaba in a police shooting. Jurors took almost three hours to find Martyn Blake, 40, not guilty of murder in a unanimous verdict following a three-week trial at London’s Old Bailey. The firearms officer shot the 24-year-old in the forehead through the windscreen of an Audi Q8 in Streatham, south London, during a police stop on 5 September 2022. The prosecution alleged that it was “not necessary” for the officer to fire his gun after armed police had boxed in the 24-year-old driver. They also claimed the police officer’s initial account of the shooting was “false” in some parts and “exaggerated” in others, the trial heard. However Mr Blake, who denied murder, insisted he feared for his life and his fellow officer’s safety after Mr Kaba had tried to smash and ram his way out...
'Firearms officers to get anonymity in shooting legal proceedings'
Firearms officers facing trial over shooting suspects are to be given anonymity unless they are convicted, under reforms announced by the home secretary. Yvette Cooper's announcement comes days after police officer Martyn Blake was cleared of murdering Chris Kaba, who was shot in the head during a vehicle stop in Streatham, London, in September 2022. Cooper said there would be a "presumption of anonymity for firearms officers subject to criminal trial". The Home Office said later the right was still "subject to judicial discretion in individual cases"...
'Criminal legal aid: over 100 firms warn justice secretary they may not sign new crime contracts'
More than 100 firms have warned the justice secretary that they have submitted bids for new criminal legal aid contracts – but they may not sign them if the government fails to increase their remuneration. Firms wanting to join the duty rota next October had to submit bids for new crime contracts yesterday. However, the Ministry of Justice has been heavily criticised for asking firms to bid for new contracts before it has published its consultation response on police station and youth court fees and its revised decision following a High Court ruling on fees. Yesterday, more than 100 reminded justice secretary Shabana Mahmood that they are still waiting for those announcements, as well as an announcement on whether her department will accept the Criminal Legal Aid Advisory Board’s recommendations, which have yet to be published...
'Extra support for jurors thanks to launch of pioneering scheme'
Jurors on the most traumatic cases will be better supported than ever with access to round-the-clock help and free counselling sessions. In a new pilot launched earlier this month, jurors in 14 Crown Courts across the country will be able to self-refer themselves for 6 free counselling sessions with specially trained counsellors, as well as access a 24/7 helpline for support, advice and information.
Crown Courts from across the country taking part in the test scheme include The Old Bailey in London, Liverpool, Birmingham, Bristol and Teesside. These courts hear some of the country’s most serious cases – including the trial of Ian Huntley at The Old Bailey and the recent trial of Piran Ditta Khan, convicted of the murder of PC Sharon Beshenivsky, at Leeds Crown Court. The justice system depends on the public joining a jury when they are called, and today’s news will provide further reassurance that those who hear distressing evidence such as murder, abuse and cruelty will get the support they need, when they need it...
Cases
R v Letby [2024] EWCA Crim 1278
... Letby now applies for leave to appeal against her conviction in July 2024. The sole ground of appeal is that the judge erred in refusing to stay the proceedings...
... It is necessary at the outset to say what this application does not concern. Since the convictions in August 2023 there has been significant media coverage of the basis for those convictions. This has involved a critique of the medical and scientific evidence called at the first trial. Some of the public comment has called into question whether Letby ought to have been convicted in August 2023. We are not concerned with the first trial. That was the subject matter of this court’s judgment in July 2024. Whether there are or may be issues arising from the first trial which have yet to be the subject of judicial consideration is not for us to say. That would be speculative. This application will not involve any detailed analysis of the evidence called either at the first trial or the re-trial. Our concern is solely whether the trial judge was wrong to rule that Letby could receive a fair trial in June 2024 and that it would be fair to try her. This will involve principally discussion of the publicity given to her case...
... The judge identified that to stay a criminal trial because it would offend the integrity of the justice system always will be the remedy of last resort. It is an exceptional step to take. It was not justified by the circumstances in this case. The judge was entirely correct to find that it would not be unfair to try Lucy Letby for the single offence of attempted murder...
Other
'Reminder to sign in at every hearing'
New guidance has been issued by HM Courts and Tribunals Service (HMCTS) to all court staff and the expectation is that counsel and defence practitioners will be required to sign in at every hearing. This will improve the data within Common Platform and enable the Legal Aid Agency to process claims without the need to request an attendance note and delay any payments.
Evidence of attendance via the court log or attendance note is vital to ensure that the Legal Aid Agency (LAA) can evidence that payments are being made in compliance with the Criminal Procedure Rules. All payments must be evidenced for Crown Court hearings.
Obscurity
'More than 22 tonnes of cheddar stolen'
Hundreds of truckles of cheddar worth more than £300,000 have been stolen from London cheese specialist Neal’s Yard Dairy. Fraudsters posing as legitimate wholesalers received the 950 clothbound cheeses from the Southwark-based company before it was realised they were a fake firm. More than 22 tonnes of three artisan cheddars, including Hafod Welsh, Westcombe, and Pitchfork were taken, which are all award-winning and have a high monetary value...