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
'CPS strengthens guidance on child abusers caught in undercover stings'
Evidence obtained by police or other activist groups will result in substantive charges of arranging or facilitating a child sex offence - provided it is of sufficient quality to secure a realistic prospect of conviction. Previously, charging such crimes as ‘attempts’ had been an option available to prosecutors. This had raised some concern that offenders might receive overly generous discounts in their sentences where the defence pointed out in mitigation that there was no tangible victim.
'Funding boost for victims of rape and sexual abuse'
Rape and sexual abuse support services across England and Wales have been awarded increased government funding today (22 March 2019) – totalling £24m over 3 years – to help even more victims.
The move, which involves a 10 per cent increase in funding by the Ministry of Justice (MOJ), will see 79 rape support centres awarded grants – more than ever before. This will ensure, for the first time, that there are government-funded services in all 42 of the country’s Police and Crime Commissioner (PCC) areas. This will include a 50 per cent funding increase for services across Greater London – recognising the heightened demand for services in the region – with almost 15 per cent of all sexual offences occurring across the capital last year.
Modern Slavery Referrals By Councils Increase
Latest National Crime Agency statistics show the number of council referrals of suspected victims of modern slavery to the National Referral Mechanism (NRM) - the UK’s framework for referring and supporting victims - has risen from 153 in 2013 to 1,342 in 2018. The rate of council referrals has increased by 70 per cent in the last year alone, from 789 in 2017, and 221 per cent in two years, from 418 in 2016.
The LGA, which represents 370 councils and all fire and rescue authorities in England, said the increase in council referrals suggests an increasing awareness of modern slavery and the growing issue of county lines drug trafficking, many cases of which are included in the NRM figures.
Modern Slavery Act 2015 Review
In July 2018, the Home Secretary, at the request of the Prime Minister, announced a review of the Modern Slavery Act 2015
For all individuals who may be victims of modern slavery, it is essential that defence lawyers are aware of the statutory defence and advise their clients to disclose at the earliest possible stage if they are a victim of trafficking or modern slavery. This is even more important in the cases of children.
The relationship between the NRM process and criminal justice process needs to be clarified. A common set of guidance ought to be developed to ensure that all participants in the criminal justice system – the CPS, law enforcement, judiciary, defence and prosecution lawyers – understand the NRM decision-making process and the weight it should be given in criminal proceedings.
Cases
R v Coker [2019] EWCA Crim 420
But en route a short point has arisen as to the direction given in respect of the offence charged under section 4(3)(b) of the Misuse of Drugs Act 1971 ("the Act"), namely being concerned in supplying a controlled drug, here a class A drug, to another. As will be suggested, the leading textbooks may, with respect, wish to clarify their treatment of this subsection.
Section 4(3) of the Act gives rise to three separate and distinct offences. Section 4(3)(a) deals with "supply" or an "offer to supply". Subsections 4(3)(b) and (c) broaden the ambit of the section by applying to those who are "concerned in" either the supply or an offer to supply controlled drugs.
It follows that there is no room for an either/or direction. When the issue goes to whether a defendant was concerned with supply or an offer to supply controlled drugs, the count in question must either relate to subsection (b) or subsection (c).
Though counsel approached the matter with admirable diligence, the treatment of this offence in Archbold (2019) at paragraph 27-41 is, perhaps, with respect, unduly compressed. For its part, Blackstone (2019), at paragraph 19.49, wrongly it would seem, in our respectful view, includes the "either/or" formulation in its summary of the ingredients of the offence.
R v Edgar & Ors [2018] EWCA Crim 1857
Several weeks after the trial an appellant's solicitor received information that a police officer providing family liaison, Detective Constable Bryant, who had attended court during the trial to provide support to the deceased's family, had a close relationship with a member of the jury. That officer's son was in a long-term relationship with the juror. The CPS was notified and an investigation was undertaken. An investigation by Detective Inspector Hathaway revealed considerable contact between the officer and Ms Jones prior to and during the course of the trial. There was recovered from the officer's phone a series of texts which the pair had exchanged at that time which are highly material in this appeal. It is clear that the officer initially lied about having any relationship with Ms Jones, although she subsequently admitted contacts with her in interview.
In the circumstances, this trial was fatally flawed and the safety of the convictions is totally undermined. The folly of the juror and the police officer have wasted vast amounts of time and cost the public a great deal of money. Moreover, the agony for the victim's family is inevitably prolonged. We very much regret that fact. However, there has not been a fair and proper trial because of the conduct of the officer and the juror and in those circumstances it is our duty to act. We allow the appeal. We quash each of these convictions. It is plainly in the interests of justice that in this serious matter there should be a retrial and we so order.
Other
'Hated and hunted'
Fabian is world renowned for destroying ransomware - the viruses sent out by criminal gangs to extort money. Because of this, he lives a reclusive existence, always having to be one step ahead of the cyber criminals. He has moved to an unknown location since this interview was carried out.
'Bail reforms to prevent suspects being trapped in ‘legal limbo’ have reverse effect'
A change in the law to prevent suspects being stuck in a ‘legal limbo’ on police bail indefinitely has had the opposite effect. Since April 2017 police forces have faced a 28 day maximum on bail which can only be extended in exceptional circumstances and anyone the police intends to investigate beyond this period can be released, without conditions, in line with a new ‘under investigation’ status.
The average ‘under investigation’ length was 139 days compared to 90 days for the year ending April 2017. Of the ten of a total of 43 police forces which responded in full to FoI requests, suspects were being kept ‘under investigation’ for longer than they used to be kept on bail in seven of those forces. Surrey was the worst offender keeping people ‘under investigation’ three times longer than before. So in 2017/18 its average ‘under investigation’ length was 228 days compared to just 74 days.
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