News
Criminal Legal Aid Reforms Risk Undermining Rule of Law
Government reforms to criminal legal aid risk eroding rights to legal advice and representation, tarnishing the reputation of our justice system, and undermining the rule of law – risks that can no longer be ignored.
MPs call on the Government to carry out a comprehensive and independent review – similar to the recent independent review of legal aid in Scotland – with the aim of devising a scheme that is sustainable and user-focussed.
Max Hill QC Appointed DPP
The QC in charge of reviewing terrorism legislation will take over from Alison Saunders as the next director of public prosecutions, the attorney general announced today. Max Hill, a former Criminal Bar Association chair, says he is determined to restore public trust in the CPS, which has been heavily criticised for disclosure failures.
Consultation on the Code for Crown Prosecutors 2018
The main proposed revisions to the Code are:
Disclosure: This is included for the first time as part of Evidential Stage: when assessing whether there is sufficient evidence to charge, prosecutors must consider the potential impact of any other material.
Proceeds of Crime: Prosecutors are instructed to consider proceeds of crime at various stages of a case: when considering the public interest in charging a suspect; when selecting charges; when making submissions on court venue; and when considering a defendant’s offer of a plea.
The Threshold Test: This has been clarified and simplified, to ensure it is only applied when necessary. Review of the Threshold Test is to be carried out earlier, by the time the prosecution case is served. We have also extended the use of the Threshold Test to cases where it is not appropriate to apply the Evidential Stage of the Full Code Test, due to outstanding reasonable lines of enquiry.
Court Closures Announced
Following consultation, decisions have been made to close the following criminal courts:
- Banbury Magistrates’ Court
- Blackfriars Crown Court
- Chorley Magistrates’ Court
- Fleetwood Magistrates’ Court
- Maidenhead Magistrates’ Court
- Northallerton Magistrates’ Court
CCDCS and Blockchain
The developers of the Crown Court Digital Case System (CCDCS) are considering using Blockchain technology, used for cryptocurrencies such as Bitcoin, to guarantee the integrity of electronic documents submitted through the system.
Once added, a record of the document would be kept in the Blockchain, and this would be evidence if there was a dispute about whether the document had subsequently been altered.
Cases
R v Taj [2018] EWCA Crim 1743
The defence sought to rely on self-defence as codified in s. 76 Criminal Justice and Immigration Act 2008 ("the 2008 Act") noting, in particular, s. 76(4)(b) which makes it clear that the defence is available even if the defendant is mistaken as to the circumstances as he genuinely believed them to be whether or not the mistake was a reasonable one for him to have made. Although s. 76(5) provides that a defendant is not entitled to rely upon any mistaken belief attributable to intoxication that was voluntarily induced, it was argued that as there was no suggestion that Taj had alcohol or drugs present in his system at the time, he was not 'intoxicated' and so was not deprived of the defence.
In our view, the words "attributable to intoxication" in s. 76(5) are broad enough to encompass both (a) a mistaken state of mind as a result of being drunk or intoxicated at the time and (b) a mistaken state of mind immediately and proximately consequent upon earlier drink or drug-taking, so that even though the person concerned is not drunk or intoxicated at the time, the short-term effects can be shown to have triggered subsequent episodes of e.g. paranoia. This is consistent with common law principles. We repeat that this conclusion does not extend to long term mental illness precipitated (perhaps over a considerable period) by alcohol or drug misuse. In the circumstances, we agree with Judge Dodgson, that the phrase "attributable to intoxication" is not confined to cases in which alcohol or drugs are still present in a defendant's system. It is unnecessary for us to consider whether this analysis affects the decision in Harris: it is sufficient to underline that the potential significance of voluntary intoxication in the two cases differs.
International
'UK government criticised over change in death penalty stance on Isis pair'
The government came under attack from MPs and experts on Monday after it made a “secret and unilateral” change to its stance on the use of execution for two terror suspects in the US.
Critics said the decision to suspend the normal approach of demanding a “death penalty assurance” could put the UK’s principled opposition to the the death penalty in jeopardy.
Other
Sentencing Remarks in the 'Columbine' Plot Case
A summary of the case can be found here:
Two teenage boys who plotted a Columbine-style shooting at a school have been detained. Thomas Wyllie and Alex Bolland, both 15, planned to shoot and kill pupils and teachers at the school in Northallerton, North Yorkshire. Jurors heard they were motivated by their "worship" of Eric Harris and Dylan Klebold, who killed 13 people and themselves at Colorado's Columbine High School in 1999.
Obscurity
'Does the Treason Act need updating?'
An interesting article considering the need for reform of The Treason Act 1351.