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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
'Proposed homicide reform creates new degrees of murder'
A person who accidentally killed someone they intended to harm could be charged with second-degree murder under reforms proposed by the Law Commission. Opening a consultation today, criminal law commissioner Professor Penney Lewis said: ‘Homicide offences in England and Wales have never been the object of a coherent and structured reform, and the law has not kept pace with what society now understands about culpability, domestic abuse and the consequences of dangerous conduct. This review offers a timely opportunity to modernise the law and to build a fairer and more proportionate framework that reflects the degrees of culpability of offenders.’
Currently, suspects are charged with either murder or manslaughter which, says the commission, has been widely criticised for failing to differentiate appropriately between wide ranges of conduct and culpability. The commission's proposals would see a person who intended to kill the victim and stabbed them charged with first-degree murder. If the defendant intended to cause serious injury, stabbed the victim and the victim died, the defendant would be charged with second-degree murder. Partial defences, such as diminished responsibility, would apply to first-degree murder. A successful partial defence would reduce first-degree murder to murder with a partial defence, which carries a less severe sentence. The commission is also seeking views on expanding the scope of homicide offences to include, for instance, drug supply leading to death and duty to rescue someone in danger, such as a failure to seek medical help or respond to signs of suicidal behaviour. Views are also sought on whether controlling or coercive behaviour in an intimate or family relationship should be criminalised where that abusive conduct contributed to the victim’s suicide.
The consultation closes on 30 September. The commission will consult on defences to homicide and sentencing next year. A final report will be handed to the government in 2028.
'Palestine Action ban is lawful, Court of Appeal rules'
The government's proscription of Palestine Action as a terror organisation is lawful, the Court of Appeal has ruled. In one of the most significant rulings on national security in recent years, five of the most senior judges in the country overturned an earlier decision from the High Court that the ban had breached the right to protest and had been incorrectly taken by ministers. But five Court of Appeal judges concluded in a hearing on Monday that the ban had been "justified and proportionate". In a statement, the group's co-founder Huda Ammori said she intended to appeal the ruling to the UK Supreme Court - although it's not clear at this stage whether it would consider the case.
Palestine Action has remained banned since the High Court ruling in February to allow for further legal arguments and give the government time to consider an appeal. The proscription made it a criminal offence to belong to or support Palestine Action, punishable by up to 14 years in prison. Thousands of people have been arrested at demonstrations in the months since the ban came into force in July last year. After the ruling on Monday, the Metropolitan Police said 117 people had been arrested on suspicion of supporting a proscribed organisation at a protest outside London's Royal Courts of Justice, while City of London police made two further arrests near the Old Bailey.
Lady Chief Justice Baroness Carr and four other judges said that the government's policy on banning terrorism groups meant the home secretary had been legally entitled to decide the group should be proscribed. She said the judges recognised the proscription of an organisation like Palestine Acton was "highly controversial" and that it was supported by "many otherwise lawful citizens". But Baroness Carr added that it was "a fundamental mistake to overlook the fact that Palestine Action overtly promotes unlawful violence amounting to terrorism". "It is not - as claimed - a direct action civil disobedience protest group like the suffragettes, operating transparently in the open," she added. "It is a covert organisation which operates with secret cells to avoid the detection and prosecution of those using violence to destroy property and cause injury." She said the group had neither disowned nor condemned three incidents which took place before the ban was implemented and were judged by ministers to amount to terrorism...
'Problem solving 'Texas-style' courts double in number'
The government has announced a £9 million funding boost to help double the number of intensive supervision courts - which it describes as ‘tough Texas-style’. Intensive supervision courts, piloted in Liverpool, Teesside and Birmingham in 2023, aim to cut reoffending by focusing on offenders whose addictions have driven their criminal behaviour. Low-level offenders are ordered to attend weekly sessions and regularly appear before the same judge who will track their behaviour, reserving prison spaces for those who need them. Defendants who fail to attend, continue to misuse substances or refuse to engage in mandatory treatment courses will face tagging or time in prison for breaching their conditions.
The Ministry of Justice said ‘problem-solving’ courts have reduced reoffending across the world, with jurisdictions using this model seeing a reduction in further arrest by a third. In announcing the cash boost, the MoJ said the approach in Texas ‘helped drive significant reduction in the prison population and contributed to a 29 per cent drop in crime’. Currently there are five intensive supervision courts: four pilot courts in Birmingham, Bristol, Liverpool and Teesside with a fifth court due to open in Liverpool later this year. An evaluation of the pilot scheme showed two thirds of offenders did not breach their orders and those with ‘significant’ addiction issues received a clean drug test two thirds of the time. Probation staff, the judiciary and local services like drug treatment providers also reported that offenders’ drug and alcohol use had reduced and those requiring help with their mental health were receiving the right support...
'New police data-sharing to target organised crime'
Foreign criminals involved in serious and organised crime, including those operating networks moving illegal migrants across continents, will be identified more quickly as UK police gain faster access to European vehicle data. As part of efforts to secure the border and tackle illegal migration, officers will be able to check overseas-registered vehicles and receive key information in seconds rather than days or even months. Previously, delays slowed investigations into criminal gangs involved in smuggling migrants, illicit drugs and illegal weapons into the UK.
Officers can now carry out number plate checks through the EU’s Prüm data-sharing framework and receive results in around 10 seconds, rather than having to make individual requests to EU Member States. Where a match is found, the system provides vehicle keeper details and other key information, while also flagging stolen vehicles, helping police tackle crime, including vehicle theft, across the UK. This capability will strengthen intelligence on cross-border crime and improve the identification of vehicles linked to trafficking networks. Earlier visibility of vehicles and individuals will enable law enforcement to identify vehicles repeatedly used in smuggling activity, better understand the supply chains underpinning migrant smuggling, and carry out more targeted, intelligence-led operations to disrupt organised criminal networks. The system builds on the UK’s existing participation in the Prüm framework, which already enables the sharing of DNA and fingerprint data with European partners, and will be operational ahead of the second UK-EU Summit in Brussels...
'The Bar Council and the Bar Standards Board agree protocol for handling reports of bullying, harassment and sexual harassment'
Following the appointment of the Commissioner for Conduct, a recommendation of Baroness Harriet Harman KC's review, the Bar Standards Board (BSB) and the Bar Council’s (BC) Commissioner for Conduct have agreed a protocol which sets out how our organisations will work together to support people experiencing bullying, harassment and sexual harassment at the Bar.
The protocol establishes a clear and consistent procedure for the referral and handling of bullying, harassment and sexual harassment reports between the Commissioner and the BSB. The protocol confirms that where such reports amount to serious misconduct, the BSB will take action. Where they don’t meet the BSB’s threshold for regulatory action, the Commissioner will support individuals to raise their concerns with the responsible body such as chambers or the judiciary...
Cases
The Secretary of State for the Home Department v Huda Ammori, R (on the application of) [2026] EWCA Civ 721
...On the two main points, we have decided that the Home Secretary’s appeal should be allowed. The Proscription Decision ought not to have been quashed. The Home Secretary did not fail to comply with her Proscription Policy, on its proper interpretation. The purpose of the Proscription Policy was not to limit or constrain the factors available to the Home Secretary for consideration. She was fully entitled to take into account the operational benefits of proscription in dealing with Palestine Action holistically as an organisation. On the basis of the Proscription Policy, the Home Secretary’s decision to proscribe Palestine Action was, subject to the questions of proportionality and fair balance, lawful...
... Applying the statements of principle in the Supreme Court authorities referred to at [5] above, we have given an appropriate margin of appreciation to the Proscription Decision. The Home Secretary proceeded on the basis of the advice from the Joint Terrorism Analysis Centre and other experts, and reached her decision properly following the Proscription Policy, making her own balance between the free speech and freedom of assembly rights of individuals and the interests of national security and of third parties, such as the companies affected by Palestine Action’s activities. She had both the institutional competence and the democratic accountability to make that decision. We have given due weight to her assessment in reaching our decision on whether the proscription of Palestine Action is a justified interference with Article 10 and 11 rights...
Education
'Drug diversion schemes cut reoffending rates more than prosecution, study says'
Drug diversion schemes led by police that steer people away from the criminal justice system and into treatment and education services are significantly more effective in reducing reoffending than prosecution, according to a new analysis. Researchers examined outcomes across 13 English police forces and more than 62,000 criminal incidents over the past four years, finding that people whose cases were dealt with through decriminalisation-style diversion schemes were a third less likely to reoffend than similar individuals prosecuted for drug possession...