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
'Crown court backlog in England and Wales hits new record of almost 80,000 cases'
The crown court backlog in England and Wales has risen by 10% to a new record of almost 80,000 cases, while wait times for trial dates have reached up to four years. Figures from the Ministry of Justice showed the open caseload was 78,329 at the end of June, up 2% from 76,957 at the end of March, the first time the backlog passed 75,000. It is also up 10% from 70,893 a year earlier, the figures show. The median age-length of open cases has also increased by 10% on the previous year but fallen slightly on the previous quarter. The number of cases open for a year or more increased to a peak of 19,164 cases – a 17% annual increase. Riel Karmy-Jones KC, the chair of the Criminal Bar Association, said the system was crumbling and unsustainable. “Just today, Isleworth crown court listed a case offering a trial date in October 2029,” she said. “The right approach now is to fix the infrastructure of the courts, focus on the many efficiency measures that could improve productivity, and open back up court rooms that have been shut for a year or more to claw back wasted time.”
The MoJ’s report on the figures said the demand on criminal courts continued to grow, with more than 30,000 cases entering crown courts in the latest quarter. It said courts were dealing with cases more quickly but not fast enough to keep up with the growing number of cases. It noted a 13% increase in sexual offences reaching court, a 14% increase in robberies and a 12% rise in drug offences compared with the previous year. The number of rape cases reaching court hit a peak of 1,291, a 21% increase on the previous year, the report said. The number of cases in the backlog involving sexual offences rose year on year from 11,062 to 13,238, an increase of 20%, while cases for violence against the person increased from 21,150 to 24,364, up 15%...
'Law Society report lays bare the condition of the courts estate'
Maggots 'literally raining down' from rotting seagulls is among the examples of problems with the courts estate cited by solicitors today. Nearly two thirds of respondents to a Law Society survey said they had experienced delays in hearing becaause of the state of court buildings. The report found ‘little improvement’ in the courts infrastructure since the previous survey in 2022. According to the report, 63% of respondents had experienced adjournments or transfers in venue due to the state of the court. A third of solicitors whose cases had been held remotely as a result considered this inappropriate to the type of case. The report said: ‘Other impacts noted by solicitors included a “failure to get one hour hearing for more than six months in the family court”…a prisoner with impaired mobility unable to access the cells, a “defendant not produced due to a misunderstanding and trial proceeded in absence”. There were also delays associated with interpreters, including interpreters not being booked, not attending, or being the wrong gender for case.’
The survey, which received 293 responses, found that only 5% of solicitors with a disability considered the physical state of the court to be fit for purpose ‘to a large extent’ which increased to 19% for those without a disability... The lowest rated courts were Uxbridge magistrates and Manchester magistrates. Grimsby magistrates, IAC Birmingham, Liverpool Crown and Salisbury law courts recieved the highest scores...
'Kneecap rapper Mo Chara's terror case thrown out'
The terrorism case against Kneecap rapper Liam Óg Ó hAnnaidh has been thrown out following a technical error in the way the charge against him was brought. He was charged in May after allegedly displaying a flag in support of proscribed organisation Hezbollah at a gig at the O2 Forum in Kentish Town, London, in November 2024. The 27-year-old, who performs under the stage name Mo Chara, denied the charge and has described it as political.
Chief Magistrate Paul Goldspring told Woolwich Crown Court that the charge against Mr Ó hAnnaidh was "unlawful" and "null". Mr Ó hAnnaidh's defence had argued that the charge was not brought within the six-month time limit. In his judgement the chief magistrate outlined that permission was not given to the Director of Public Prosecutions (DPP) to consent to the prosecution until 22 May, a day after Mr Ó hAnnaidh was charged. If 22 May was considered to the be the date of the charge, that was six months and a day after London gig where the offence allegedly happened. Outlining the reasons for his decision, the chief magistrate said: "I find that these proceedings were not instituted in the correct form, lacking the necessary DPP and AG (Attorney General) consent within the six-month statutory time limit." He said the court had "no jurisdiction to try the charge"...
Cases
R v Liam Og O hAnnaidh (Liam O'Hanna)
Section 117 Terrorism Act 2000 sets out how proceedings for an offence under s.13 Terrorism Act 2000 can be “instituted.” Section 117(2)(a) provides, with emphasis added, that proceedings for such an offence “shall not be instituted in England and Wales without the consent of the Director of Public Prosecutions”. Where it appears to the DPP that an offence “has been committed ... for a purpose wholly or partly connected with the affairs of a country other than the United Kingdom”, the DPP can only give consent to institute such proceedings “with the permission ... of the Attorney General.”: s.117(2A)(a) Terrorism Act 2000...
... The statutory framework is clear. Section 29(1) of the Criminal Justice Act 2003 provides that criminal proceedings are instituted when a written charge is issued. This interpretation has been authoritatively confirmed by the Divisional Court in DPP v McFarlane [2019] EWHC 1895 (Admin), where it was held, at paragraph 23, that '[t]hat is what subsection (1) of section 29 plainly says'...
... Thus, I am satisfied that proceedings against this defendant were instituted on 21st May 2025 when the written charge was issued. At that time, the necessary consent and permission required by law had not been obtained. As such, the proceedings were instituted unlawfully and are null...
Hora v United Kingdom
In the case of Hora v. the United Kingdom the Court held that there had been no violation of the right to free elections. The case concerned prisoner voting in the United Kingdom. The applicant’s case was the first to come before the Court concerning an election which had taken place following the steps taken by the United Kingdom to enforce the Court’s judgment in the case of Hirst v. the United Kingdom (no. 2). In the light of the developments since Hirst, the Court examined the manner in which the legislation in question had been applied to the specific applicant, in his particular circumstances. Considering the seriousness of his offending, his conduct, the risk he was found to pose to the public and the resulting imposition of a harsh sentence of indeterminate detention, the Court found that the restriction on his right to vote in the 2019 general election was not disproportionate.
International
'Scottish Law Commission : A Modern Law of Homicide for Scotland'
The Scottish Law Commission has published its Report on the Mental Element in Homicide, including a draft Homicide (Scotland) Bill... The Report, which concludes the SLC’s project on Homicide, makes recommendations which seek to simplify, clarify and modernise the law of homicide in Scotland and improve legal certainty...
Other
'The criminal justice system matters, yet its very future is in peril'
With huge court backlogs and prisons at breaking point, the very future of our criminal justice system is in peril. As David Lammy takes up his post as Lord Chancellor, the challenge of saving this vital public service has never been more urgent. This system is how society sets and enforces its rules for its citizens; rules set by Parliament, the democratic voice of the people. It is through the fair application of these rules that order is maintained, criminal behaviour is deterred and the vulnerable protected. When this crucial public service is abused, it does not go unnoticed. The general public showed their outrage at the mass miscarriages of justice which were brought upon the sub postmasters. Fair and equal application of criminal law is seen as a key indicator by others of a country’s stability and reliability as a place of business. Our criminal justice system is at the heart of the English & Welsh legal system, a system that has created the largest legal services market in Europe, indeed the second largest in the world. But in England & Wales our criminal justice system faces a series of crises...