News
CPS Fined £325k for Loss of ABEs
The Crown Prosecution Service has been fined £325,000 by the Information Commissioner's Office for losing unencrypted DVDs containing interviews with 15 victims of child sex abuse to be used at a trial. The sanction comes just over two years after being fined £200,000 for losing sensitive material.
The ICO said today the DVDs were sent by tracked delivery in November 2016 from the CPS's Guildford Office to its office in Brighton, which is in a shared building. The DVDs, which were not in tamper-proof packaging, were delivered at 6.49am and left in reception.
Concerns Over Accuracy of Facial Recognition Tools
Police must address concerns over the use of facial recognition systems or may face legal action, the UK's privacy watchdog says.
In figures given to Big Brother Watch, South Wales Police said its technology had made 2,685 "matches" between May 2017 and March 2018 - but 2,451 were false alarms.
Video Cross-Examination Delays
Justice officials have admitted they still do not know when support for vulnerable witnesses will be made fully available even though a new policy was supposed to be in place months ago.
The Ministry of Justice had intended to roll out section 28 of the Youth Justice and Criminal Evidence Act last autumn, allowing vulnerable and intimidated witnesses to video record their cross-examination before trial. That deadline passed after quality concerns arose when technology to record and play back cross-examination was being tested.
In a letter sent last week to the House of Commons justice committee, justice minister Dr Phillip Lee conceded the ongoing problems prevent a fixed timescale for rolling out Section 28.
Cases
R v Ilyas [2018] EWCA Crim 718
The factors to be weighed in deciding whether it is possible to suspend the sentence are set out on page 8 of the guidelines. Of those factors which indicate that it would not be appropriate to suspend a custodial sentence only one could be said to apply, namely that punishment can only be achieved by immediate custody. Of those factors which indicate that it may be appropriate to suspend the custodial sentence two factors can be said to apply, namely a realistic prospect of rehabilitation and strong personal mitigation.
We are satisfied that had the judge correctly considered the definitive guideline for the imposition of community and custodial sentences, she ought to have suspended the period of detention. Also consistent with the guidance, the custodial term should usually be for the same term as would have been imposed in an immediate sentence...
International
McCoy v Louisiana - SCOTUS
An interesting opinion (and dissent) in a case reviewing the duty of trial counsel to follow his client's instructions in a capital murder case.
Trial counsel had effectively conceded that the defendant had committed the actus reus of the offence because of the overwhelming strength of the evidence, despite instructions to run alibi and conspiracy.
By majority, the court decided that counsel's actions were impermissible, as the admission blocked the defendant’s right to make the fundamental choices about his own defence. The dissenting opinion found sympathy for trial counsel's decision, as arguing for a lesser offense in such a way that admitted the killings was likely to be a better strategy for avoiding the death penalty. As the jury decide on both guilt and sentence, running a 'ridiculous' defence was likely to significantly harm any ability to mitigate at the sentencing stage.
Obscurity
Taking and Selling a Wreck Abroad
Taking a wreck found in UK waters to a foreign port and then selling it is contrary to section 245 of the Merchant Shipping Act 1995.