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
'Former top judge calls for prime minister to have a criminal justice adviser'
A criminal justice adviser accountable to the prime minister, an annual review of legal aid fees and allowing prison vans to use bus lanes are just some of the 135 recommendations in part two of the government-commissioned Leveson review to cut the Crown court backlog. The lord chancellor and justice secretary, David Lammy, is already pressing ahead with controversial reforms to curb jury trials; one of 45 proposals in part one of Sir Brian Leveson’s review. Publishing part two of the review today, Lammy said the government ‘will urgently consider the proposals’ and respond to them ‘in the coming weeks’.
Part two of the Leveson review, split over two volumes, focuses on proposals to make the criminal justice system run more efficiently. The most eye-catching of the recommendations is the creation of the post of ‘Prime Minister’s Criminal Justice Adviser’, who would be appointed by and answerable to Downing Street. The adviser, whose role would be enshrined in law, would be solely focused on coordinating work to build a ‘single vision for a fragmented criminal justice system’.
AI features significantly in Leveson’s recommendations, which include greater use of AI tools to summarise the initial details of the prosecution case. Legal aid recommendations include an annual review of fees and a new ‘staged’ payment system to incentivise earlier engagement and remunerate lawyers. The wide-ranging recommendations also include making bus lanes accessible to prisoner escort and custody services vans to make journeys more reliable...
'Children to get swifter justice thanks to renewed Victims’ Code'
Child victims will be better supported to understand their rights as a victim of crime and, more crucially, where to get the help they need to recover under plans for a new and improved Victims’ Code unveiled today (5 February). Many children and young people don’t know where to turn following crimes such as domestic abuse and sexual violence – lost in the complexities of the criminal justice system. To make this known and clear, the Government will work with young people and experts to develop the first-of-its-kind child-friendly version of the Victims’ Code. This will set out in age-appropriate language a child’s rights as a victim of crime – including the right to be referred or self-refer to support services.
Proposals in the new Victims’ Code include more direct contact with police and probation officers alongside parents for those aged 12 and up, granting them the dignity and autonomy they deserve as survivors of crime, and a stronger feeling of safety going through the justice system. From the point of reporting all the way through to trial and beyond, a better Victims’ Code will encourage all victims to see their case through, knowing the government stands firmly on their side. The Government is going further still to make sure all victims know about their rights through the Understand your Rights campaign which will reach across England and Wales to show that the Victims’ Code is there for every victim, whatever the crime...
'Government leads global fight against deepfake threats'
Bringing together leading technology companies, such as Microsoft, academics and experts, the government is set to develop and implement a world-first deepfake detection evaluation framework, establishing consistent standards for assessing all types of detection tools and technologies. This will help position the UK as a global leader in tackling harmful and deceptive deepfake content. The framework will evaluate how technology can be used to assess, understand and detect harmful deepfake materials, no matter where they come from. By testing leading deepfake detection technologies against real world threats like sexual abuse, fraud and impersonation, the government and law enforcement will have better knowledge than ever before on where gaps in detection remain. Once the testing framework is established, it will be used to set clear expectations for industries on deepfake detection standards...
Every person in the UK faces growing risk from harmful deepfakes – AI-generated fake images, videos and audio designed to deceive. These materials are often being used by criminals to deceptively steal money, strip away the dignity of women and girls, and spread harmful content online. Criminals are already using this technology to impersonate celebrities, family members and trusted political figures in sophisticated scams, with tools to create convincing fake content being cheaper and more widely available than ever before, and little to no technical expertise required...
'Dangerous extremists face “supermax” style restrictions behind bars'
Updating Parliament today (3 February), the Deputy Prime Minister set out a major overhaul of separation centres to better tackle the unique threat terror offenders pose. This includes exploring ‘supermax’ style controls on the most violent and extreme prisoners, improving how intelligence is collected and used, and reforms to better protect against litigation and limit perverse payouts to terrorists.
The intervention follows the publication of Jonathan Hall KC’s independent review of separation centres, launched in the wake of the horrific attack on staff at HMP Frankland last year. The Government has today published its response, accepting Mr Hall’s recommendations in full and in some areas going further to improve staff safety, bolster the operation of separation centres, and address the growing complexity of radicalised individuals in custody. Key measures include:
- A commitment to create a new tiered separation centre system, with the most dangerous extremists facing stricter conditions.
- An expert-led review of training for staff working in these units, to ensure it is tailored to the uniquely dangerous environments in which they work.
- Strengthening internal processes and considering whether new legislation is required to better protect decisions taken by experienced staff in separation centres from litigation on Article 8 grounds.
- Further improving intelligence collection practices to reduce unnecessary bureaucracy and ensure intelligence directly informs operational decisions.
Separation centres were created in 2017 to isolate the most pernicious and influential extremist offenders from the mainstream population where they could spread their dangerous ideologies and radicalise others. The new measures announced today include the commitment to redesign this model, with the creation of tiered separation centres – placing the most violent and disruptive extremists in higher-control conditions inspired by tough restrictions seen in ‘Supermax’ prisons in the United States. Movement between the tiers will only be possible following rigorous risk assessments. Further details will be set out in due course...
Other
'Palestine Action – what just happened?'
Yesterday, six Palestine Action protestors were acquitted by a jury of aggravated burglary, following a break-in at an Elbit Systems UK factory near Bristol in August 2024. Three of the six were also acquitted of violent disorder, while no verdict was reached in relation to three others. The jury were also unable to reach verdicts on a charge of inflicting grievous bodily harm with intent (against one defendant, accused of striking a police officer in the back with a sledgehammer, causing serious injury), and charges of criminal damage.
The verdicts (or lack thereof) have inevitably proved a Rorschach Test for those with a settled political view on the protestors and/or their professed cause: either a valuable reminder of the importance of juries in upholding the civil liberties of those on the right side of history, or a perverse verdict which gives the green light to mob violence in pursuit of a political objective. As ever, this blog does not offer a criticism nor a defence of the outcomes, for the evergreen reason that I was not in court to hear all the evidence, and the slightly more deciduous and case-specific reason that there may well be a retrial, and so care must be taken as to what is published. It follows that I am not going to attempt an analysis of the evidence, and will have to be somewhat circumspect with the facts of the allegations; rather I will set out some general legal principles relating to the offences charged, which I hope may help shed some light on the issues that the jurors were grappling with...
'Efficiency is not enough'
Efficiency measures proposed today by Sir Brian Leveson will not be enough by themselves to deal with the “truly appalling backlogs that have developed in our criminal justice system,” the former judge says in part two of his report to the justice secretary. Even if his 135 new recommendations could be put in place quickly, which Leveson says is itself a challenging assumption, they “would not be sufficient to meet the volume of cases now coming into the system — let alone to reduce the open caseload”...