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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
'Thousands to lose the right to trial by jury in drive to fix court logjam'
Thousands of defendants in England and Wales will lose the right to a jury trial under government plans to tackle the spiralling courts backlog. Sarah Sackman, the courts minister, told The Observer the proposal for a new intermediate court, involving a judge and two magistrates rather than 12 members of the public, was “an idea whose time has come”. She said it was “absolutely shocking” that some rape victims are being told that their case will not be heard until 2029 because of delays in the system and she would do “whatever it takes” to speed up delivery of justice. There are now a record 78,000 cases in the crown court backlog, leading to long delays for defendants and complainants. More than 4,000 of these are adult rape cases, a 70% increase on the number waiting two years ago... Her comments come as the government prepares to respond to a report published earlier this year by the retired judge Sir Brian Leveson, in which he recommended the creation of the intermediate division of the crown court. He also called for the introduction of judge-only trials for complex fraud cases and warned that without radical reform, there was “a real risk of total system collapse in the near future”.
The proposals have already provoked a furious political and legal backlash. Robert Jenrick, the shadow justice secretary, described the proposals as a “slippery slope” to abandoning jury trials altogether. The Criminal Bar Association (CBA), which represents practising barristers in courts across England and Wales, is also opposed to the idea of curtailing the right of defendants to choose to have their case heard by 12 of their peers. “The criminal justice system is not just under strain – it is buckling and on the brink of collapse. As criminal barristers, we know that sound decisions are based on the careful consideration of all the relevant evidence,” said Riel Karmy-Jones, CBA chair. “There may be a temptation to reach for ‘radical solutions’ to alleviate the crisis. The motives behind that may be well-meaning, but it ignores much of the evidence, not least of the faith which the public have in the system of trial by jury.” A survey of its members found that more than 90% are against plans to remove the right to a jury trial for all but the most serious offences...
'Review of public order and hate crime legislation'
Lord Macdonald of River Glaven KC has been appointed to lead an independent review of laws on public order and hate crime. Following the terrorist attack in Manchester on 2 October, the Home Secretary announced an independent review of existing public order and hate crime legislation. This resulted from concerns around community tensions and the impact of disruptive and intimidating protests and hate crime on the cohesion and safety of society. The government will always protect the right to lawful protest and free speech, but we will not tolerate individuals or groups who intimidate others, incite hatred, or create disorder.
The review will therefore look at the powers police have to manage protests and the current hate crime laws, including offences for aggravated behaviour and “stirring up” hatred. It will examine whether existing legislation is effective and proportionate, and whether it protects communities from hate and intimidation. It will also consider if the law protects free speech and peaceful protest, while also preventing disorder and keeping people safe...
'Plan to appoint temporary police chief unlawful'
The High Court has ruled Staffordshire Police and Fire Commissioner's decision to recruit a temporary chief constable, external was unlawful. Staffordshire's chief constable, Chris Noble, is currently suspended while an Independent Office for Police Conduct investigation is carried out. Following the court decision, Staffordshire Commisioner Ben Adams said he sought and followed advice from national policing bodies and would be asking the Home Secretary to consider revising the law. Acting Chief Constable Rebecca Riggs would continue to lead the force, said Mr Adams, as it faced a busy six months, including an inspection. The High Court judgement was about , externala technical legal point on the difference between "acting" and "temporary" arrangements when a Chief Constable was not able to perform their duties, the commissioner said. In it, the judge accepted Adams had sought advice from relevant bodies including the Home Office, but the advice that he could carry out the process was wrong in law...
'More details of crime suspects may be released to try to stop misinformation'
More information could be published when people are arrested under recommendations put forward in a review of contempt of court laws. The Law Commission for England and Wales said publishing details such as a suspect’s name, age, nationality, ethnicity, religion or immigration status “will generally not create risk”. However, what can be published depends on the circumstances in any individual case. Under its recommendations, published on Tuesday, criminal proceedings would become “active” when a person is charged, rather than at the point of arrest. Once proceedings are active, the test of contempt will be if a publication creates a “substantial risk” that justice and a fair trial will be “seriously impeded or prejudiced”. The Law Commission review examined contempt laws in the age of social media and online communications after concerns were raised over the Southport attack last year. Contempt laws have “struggled to keep pace with the rise in online communications and social media”, which had changed the publication and information landscape, the body said...
The commission said its approach was reflected in interim guidance issued by the National Police Chiefs’ Council and the College of Policing. In August, police forces were told to share suspects’ ethnicity and nationality with the public after authorities were accused of covering up offences carried out by asylum seekers. The commission said guidance about what information is generally safe to publish provides “clarity and consistency” for the police and media, though any legal risk had to be assessed in context. It is estimated more than 100 people receive prison sentences each year for contempt of court. Part Two of its report, covering powers, procedure, sanctions, costs and appeals, will be published in 2026. The government considers which recommendations to implement...
'Keyless car theft devices selling online for £20,000, BBC finds'
Gadgets used by criminals to steal keyless cars without breaking in are being sold online for more than £20,000, the BBC has found. A new law is imminent on owning devices used in car thefts, some of which allow thieves to bounce the signal from a key inside a property to open a car. But experts say the ban is unlikely to stop gangs who are loaning them out for large sums and stealing vehicles to order. The BBC has seen price lists and video guides for devices claiming to access cars including Lamborghinis and Maseratis, with gadgets selling for up to €25,000 (£22,000)...
According to the Office for National Statistics (ONS) data on police recorded crime from the Home Office, more than 100,000 vehicles were stolen within the last 12 months. Admiral Insurance told the BBC its figures suggest between 60% and 70% of vehicle thefts in the past year were keyless models. However, it does not have data for the number stolen using these devices. The BBC found some gadgets are disguised as Bluetooth speakers, used to target lower value cars, while others are military grade technology which can block the signal of a car tracker so it cannot be traced once stolen...
Other
'Why does MoJ want to curtail jury trials in England and Wales?'
The courts minister, Sarah Sackman, has said the government plans to press ahead with radical proposals by Sir Brian Leveson to take thousands of trials in England and Wales away from the jury system to be heard instead by judges and magistrates. What is the reason for these changes, how would they work and why are they controversial?...
'Peter Sullivan on 'different world' after 14,000 days in prison'
For someone who's lost nearly 40 years of his life because of a crime he didn't commit, Peter Sullivan strikes a remarkably optimistic tone. When I met him last month, for what was his first interview since being released from prison in May, he was upbeat and looking forward to getting to Anfield to watch Liverpool play for the first time since he was taken into custody in 1986...