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
'Criminals to be released after a third of prison sentence'
Prisoners will be released from jail as little as a third of the way through their sentences if they behave well, under government plans to tackle the overcrowding crisis. Offenders will be able to earn their freedom after serving a third of their sentences if they complete work, training or education assignments and demonstrate good behaviour before being freed. If they fail to behave, they will have to spend longer in jail under the shake-up that will see the current automatic early release of offenders 40 per cent of the way through their sentences scrapped. Instead, convicted criminals will be given minimum and maximum sentences. Prisoners who fail to behave and engage with their training, education or work will face upper jail time limits that are significantly longer than the current 40 per cent automatic release date.
The changes – designed to incentivise rehabilitation – are part of a package of measures to combat prison overcrowding which will be recommended to the Government next week by its independent sentencing review led by David Gauke, the former Tory justice secretary. It will be the biggest shake-up in sentencing for more than 30 years, ending a blanket approach to automatic early release introduced in the 1991 Criminal Justice Act. Most prisoners are currently guaranteed release after serving 40 per cent, 50 per cent or, since 2003, two-thirds of their sentences...
The UK model would see some well-behaved offenders serve a third of their sentence in jail. This would be followed by a third on “enhanced” licence where they would be subject to electronic tags, curfews and have their passports confiscated. A final third would be on normal licence where breaches result in recalls to jail. This “third, third, third” model will not be a blanket approach for all prisoners but is expected to be targeted at categories of offenders serving “standard determinate” or fixed-term sentences, which could include burglars, thieves, fraudsters and those convicted of assault. It is thought that prisoners on “extended determinate” or on “indeterminate” sentences for more serious crimes where a parole board decides if they are safe to release will probably be excluded. Sex offenders, terrorists and domestic abusers on determinate sentences may also be excluded from the “third, third, third” model..
'Crackdown on those who assist in self-harm'
Vulnerable people who are encouraged or assisted to harm themselves will have greater protection under a new offence being introduced as part of the Crime and Policing Bill... The new laws will make it a criminal offence to directly assist someone to self-harm - such as giving someone a blade or sending them pills – whether it is done in person or online. This will build on existing laws that already prevent people encouraging or assisting suicide or self-harm through content online...
The Crime and Policing Bill will repeal the existing offence and replace it with a broader offence of encouraging or assisting serious self-harm to cover all means by which serious self-harm broader may be encouraged or assisted, including by any means of communication and in any other way The offence contains two key elements to ensure that the offence does not disproportionately impact vulnerable people who harm themselves and constrains the offence to only the most culpable offending. These are (1) that the defendant’s act must be intended to encourage or assisting the serious self-harm of another person; and (2) that the defendant’s act is capable of encouraging or assisting the serious self-harm of another person. The offence therefore targets those who intend by their act to cause another person to seriously self-harm Sharing experiences of self-harm, or simply discussing the issue, without such intention will not be a criminal offence...
'Peter Sullivan: Man jailed for 1986 murder acquitted after 38 years'
A man who has served almost 38 years in prison for the murder of a woman has had his conviction quashed by the Court of Appeal after new DNA evidence emerged. Peter Sullivan was jailed over the 1986 killing of 21-year-old barmaid Diane Sindall, who was subjected to a frenzied sexual attack in Birkenhead, Merseyside, as she walked home from a shift. The Criminal Cases Review Commission (CCRC) - the statutory body set up to investigate potential miscarriages of justice - had referred Mr Sullivan's case back to the appeal court last year after fresh testing found a DNA profile pointing to an unknown attacker in semen samples preserved from the crime scene...
Mr Sullivan, appearing on video-link from HMP Wakefield, sobbed and held his hand over his mouth as he was told he would be released. Now aged 68, he is believed to be the victim of the longest miscarriage of justice involving a living prisoner in British legal history...
'Ministry of Justice HQ to close as part of civil service relocation programme'
The Ministry of Justice’s headquarters at 102 Petty France will close for good as part of the government’s agenda to make the civil service less London-centric, the Cabinet Office has confirmed. The government wants 50% of UK-based senior civil servants to be based in the English regions, Scotland, Wales and Northern Ireland by 2030, as part of its ‘Places for Growth’ programme. Cross-government 'regional hubs' will be set up in Greater Manchester, York, Leeds, Birmingham, Glasgow, Edinburgh, Aberdeen, Bristol, Cardiff, Belfast, Sheffield, Darlington and Tyneside.
The Cabinet Office yesterday announced that 11 buildings, including 102 Petty France, will close as part of a ‘Plan for London’. The 1970s development 102 Petty France is home to the Ministry of Justice, Government Legal Department, Crown Prosecution Service and Law Commission...
Cases
R v Canatar [2025] EWCA Crim 611
This case raises again the question of the use of powers by the Crown Court to act as a District Judge in the Magistrates' Court pursuant to section 66 of the Courts Act 2003 in order to correct perceived failings in the way in which offences were initially charged...
The drug offences, it should be noted, were offences of possession only, not of possession with intent to supply to others. The Magistrates' Court convicted the appellant of the four offences. They committed him to the Crown Court for sentence... It appears that at that hearing both His Honour Judge Miller and the prosecution considered that the charges that had been brought, and to which the appellant had pleaded guilty, did not adequately represent the seriousness of the offending. On about 25 July 2022, it appears that the prosecution indicated an intention to bring charges of possession of a Class A drug with intent to supply others, and assault of an emergency worker... the matter came before His Honour Judge Mann in the Crown Court at Woolwich. The appellant had not attended court and so was not present... In order to be able to proceed with the two new charges, Judge Mann first decided to exercise his power to sit as a District Judge in the Magistrates' Court...
The decision of His Honour Judge Mann to exercise the powers of a District Judge in the Magistrates' Court pursuant to section 66 of the 2003 Act was legally flawed as he did not follow the procedure set out in section 17A of the 1980 Act. First, the appellant was not present when this procedure took place, as required by section 17A(2) of the 1980 Act. Second, the charges (including the new charge of assault of an emergency worker) and the possession of cocaine with intent to supply to others were not read to him, as required by section 17A(3). Third, the appellant was not asked to indicate whether he intended to plead guilty or not guilty if matters went to trial...
Next, we consider whether it was an abuse of process for the prosecution to seek to prosecute the appellant for the possession of a Class A drug (cocaine) within intent to supply and assault of an emergency worker, when those offences – or in any event the drugs offence – arose from the same facts in respect of which the appellant had pleaded guilty to offences in the Magistrates' Court and had been committed to the Crown Court for sentence... Standing back from the details, therefore, the position in this particular case is that it would have been an abuse of process for the prosecution to institute proceedings for an offence of possession of a Class A drug with intent to supply to others in respect of the events that occurred on 12 March 2021, given that the appellant had been convicted of an offence of possession of cocaine on the same facts and had been committed to the Crown Court for sentence and should already have been sentenced for that matter...
International
'The Menendez brothers got a major win in their fight for freedom. But it's not over yet.'
A judge’s ruling to resentence Erik and Lyle Menendez last week gave the siblings something they’ve not had in more than three decades: a chance that they could leave the Southern California prison where they’re incarcerated. The brothers, who had been serving life sentences without the possibility of parole after a pair of sensational trials ended with convictions for their parents’ 1989 murder, can seek their release from California’s parole board after Los Angeles County Superior Court Judge Michael Jesic found they do not pose an “unreasonable risk” if released from prison. Jesic resentenced the siblings to 50 years to life, endorsing the recommendation of former Los Angeles County District Attorney George Gascon and denying the position of his successor, Nathan Hochman, who opposed their resentencing...
Other
'The convictions of Lucy Letby: should they be overturned?'
When the former nurse was found guilty of murdering seven babies and attempting to murder seven others, a 1980s research paper was key to the prosecution’s case. But the author of the paper himself believes there has been a miscarriage of justice – and so too do other doctors...