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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
'Sir Brian Leveson seeks evidence for criminal courts review'
The former judicial chief for criminal justice leading a major review of the criminal courts has called for ‘ambitious’ evidence and ideas that ‘challenge current thinking’. Sir Brian Leveson, former president of the Queen’s Bench Division, has been asked to report back to the lord chancellor by spring with longer-term options for criminal court reform that could lead to fewer jury trials and is seeking views on all aspects of the review.
The Ministry of Justice says: ‘Sir Brian Leveson welcomes views from all who have an interest in this area on any aspect of the Review, as set out in the terms of reference. We would encourage those responding to the call for evidence to be ambitious, and we welcome any ideas which challenge current thinking, are innovative, or which spotlight best practice and how it can be extended.’ Under the review’s terms of reference, Leveson will consider the introduction of an ‘intermediate court’, where cases are heard by a judge flanked by magistrates, for cases that are too serious for magistrates’ courts but not serious enough for the Crown court. Leveson will also explore magistrates’ sentencing powers and reclassifying some offences that could see more cases heard in the magistrates’ or potentially new intermediate court...
'Chair of miscarriages of justice review body quits'
The embattled and heavily criticised chair of the miscarriages of justice review body the Criminal Cases Review Commission has resigned. Helen Pitcher had been criticised for the agency's failings in relation to the Andy Malkinson affair, which saw Mr Malkinson spend 17 years in jail for a rape he did not commit. Ms Pitcher told the Times in an interview that she had been made a scapegoat. Mr Malkinson called Ms Pitcher's statement "shameless", adding: "I know what it truly is like to be a scapegoat."
The BBC understands Mrs Pitcher spoke to the newspaper before telling ministers or senior members of the commission that she was resigning. A government source said Ms Pitcher had "jumped as she was pushed", as the prime minister had received an independent recommendation to advise the King to remove her from office. Last summer, Justice Secretary Shabana Mahmood began the formal process of sending a recommendation to the King that Ms Pitcher should go, after personally concluding that she was not fit to head the CCRC. That decision came after a damning independent report , externalinto how the CCRC had mishandled Mr Malkinson's pleas for help, and how the chair herself had presented its work on his case...
'Survivors of sexual abuse to be empowered in closed case reviews'
Victims will be given more power to have their cases re-examined, the Home Secretary has announced today, as she unveils a £10 million action plan to tackle grooming gangs and child sexual abuse. As part of this government’s mission to halve violence against women and girls, deliver justice for victims and ensure more perpetrators of this crime end up behind bars, today the Home Secretary, Yvette Cooper, has set out new measures to finally deliver change and action for survivors of grooming gang crimes to get justice.
Survivors and victims will be able to ask for their closed cases to be reviewed by an independent criminal justice review panel where their previous investigations were not taken forward to prosecution by the police or Crown Prosecution Service (CPS). The Home Secretary is writing to the National Police Chiefs’ Council requesting officers look again at these unsolved and closed grooming gangs cases, backed by £2.5m in funding for stronger investigations.
Since taking office, the government has been engaging with victims to implement the recommendations of the Independent Inquiry into Child Sexual Abuse (IICSA). This work provides further momentum to deliver change for victims. Today the Home Secretary has pledged that by Easter 2025 the government will lay out a clear timetable for taking forward the recommendations in the final IICSA report. We will also provide new national backing for locally-led inquiries, backed by £5 million of funding. Working in partnership with Tom Crowther KC, the chair of the impactful Telford Inquiry into grooming gangs, the Home Office will develop a new effective framework for victim-centred, locally-led inquiries, and work with Oldham Council and four other pilot areas to implement it...
'Extension of Deborah Taylor's term as Chair of the Criminal Legal Aid Advisory Board'
The Lord Chancellor has extended the appointment of Deborah Taylor as the Chair of the Criminal Legal Aid Advisory Board (CLAAB) for an additional 12 months from January 2025.
The CLAAB was established following the recommendation in the Criminal Legal Aid Independent Review (CLAIR) that an independent Advisory Board be set up to take a wider view and encourage a more joined-up approach to criminal legal aid within the criminal justice system. The CLAAB plays a vital role in enabling collaboration with stakeholders across the criminal justice system. It ensures that criminal defence practitioners have ongoing input into the future development of the criminal legal aid system.
International
'Donald Trump will become president on 20 January - but what happens to his criminal cases now?'
Donald Trump became the first president-elect to be criminally sentenced just days before his inauguration, for attempting to cover up a hush money payment in 2016. But with other cases against him ongoing, what can the courts do against the man in the White House?...
Education
'People with working-class accents more likely to be suspected of committing crimes'
Researchers have said a study that found people who speak with accents perceived as working class are more likely to be suspected of committing a crime raises “serious concerns” about bias in the UK criminal justice system.
People with accents from Liverpool, Newcastle, Bradford and London risked being stereotyped, according to research led by the University of Cambridge in collaboration with Nottingham Trent University. The stereotypes could affect all parts of the system, from arrest to sentencing, and undermined not only suspects and defendants but also the testimony of witnesses, researchers said. The study raised particular concern about accented speakers being incorrectly selected from voice identification parades...
Other
'How the CCRC failed Andrew Malkinson'
I met Andrew Malkinson, the victim of one of Britain’s gravest miscarriages of justice, on just one occasion. But he left quite an impression and I’ve been thinking about his case, especially since the belated resignation of Helen Pitcher, chairman of the Criminal Cases Review Commission (CCRC). The organisation, which investigates potential wrongful convictions, failed Malkinson terribly. He served 17 years in prison for a rape he didn’t commit; the CCRC should have referred his case to the Court of Appeal after seven years...