News
Criminal Legal Aid Reforms Unlawful
The Ministry of Justice has been roundly criticised by High Court judges who ruled today that controversial legal aid cuts were unlawful. In a case brought by the Law Society the court quashed new regulations cutting payments for document-heavy Crown court cases, which the Society argued amounted to a 37% reduction in fees.
In The Law Society, R v The Lord Chancellor, the 2017 regulations were deemed unlawful because the key analysis relied on in making the decision was not disclosed to consultees, rendering the consultation process unfair. Judges said the new regulations used methods that were statistically flawed, making it irrational to rely on the analysis.
New Definitive Guideline on Manslaughter
The Sentencing Council has issued a new definitive guideline on sentencing for manslaughter. It will come into effect on 1 November 2018.
'The Tommy Robinson judgment – what does it all mean?'
The Court of Appeal (Criminal Division) handed down judgment in the appeal of Stephen Yaxley-Lennon (AKA Tommy Robinson), partially allowing the appeal and directing a rehearing at the Crown Court.
Supreme Court Rejects Criminal Record Certificate Challenge
A man acquitted of rape has lost his Supreme Court appeal to remove any reference to the case from his enhanced criminal records check. The qualified teacher, who cannot be named, was found not guilty of a rape in 2011 after a Crown Court trial.
On Monday the Supreme Court unanimously dismissed the appeal. and ruled that disclosing the man's acquittal was proportionate in the context of his job application.
The judgment can be found here.
'Isil teenager youngest female terrorist to be jailed for life'
An Old Bailey judge has jailed a teenager who was part of Britain’s first all-woman terror cell for life after rejecting claims she had renounced her Jihadist views.
Sentencing Safaa Boular to a minimum of 13 years in prison Judge Mark Dennis QC said that despite being groomed by an Isil fighter the 18-year-old remained responsible for her actions. Boular was found guilty in June of two counts of preparing terrorist acts after she plotted with her sister and mother to attack tourists and Londoners at targets around the capital, including the British Museum and Palace of Westminste
Cases
The Law Society, R (On the Application Of) v The Lord Chancellor [2018] EWHC 2094 (Admin)
This is another claim for judicial review of a decision by the Lord Chancellor to reduce the amount of money made available as legal aid for defending people accused of crimes. The decision challenged in these proceedings has reduced fees payable under a scheme called the Litigators' Graduated Fees Scheme under which most of the work done by "litigators" (typically solicitors) in preparing the defence of persons prosecuted in the Crown Court is paid.
It is difficult to express in language of appropriate moderation why we consider these arguments without merit. The first point, which should not need to be made but evidently does, is that consultees are entitled to expect that a government ministry undertaking a consultation exercise will conduct it in a way which is open and transparent. In particular, they are entitled to expect that if, on the crucial question raised in the consultation paper, officials have carried out an analysis which forms the basis of the proposal, then that fact will be mentioned in the consultation documents and not left to be inferred.
R v Stephen Yaxley-Lennon (aka Tommy Robinson)
The judgment of the Court is to dismiss the appeal in respect of the committal for contempt at Canterbury Crown Court and to allow the appeal in respect of the committal for contempt at Leeds Crown Court. The appellant is granted bail and the matter of contempt at Leeds Crown Court is remitted to be heard again.