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
Sentencing Offenders with Mental Health Conditions Consultation
The Council has developed a draft guideline for courts to use when sentencing offenders with mental health conditions, neurological impairments or development disorders. The aim of the guideline is to consolidate and explain information which will assist courts to pass appropriate sentences when dealing with offenders who have either a mental health condition or disorder, neurological impairment or developmental disorder, and to promote consistency of approach in sentencing.
The consultation closes on 9 July 2019.
CPS Review of Fees
As a result of this, the CPS has indicated that it is prepared to hold a review of its fees and a meeting is due to be held next Monday (15 April 2019) when the terms of the review and other matters will be discussed.
The preliminary indications are that any review will be done with the intention of being completed by the end of September 2019. Any negotiations will include representatives from the Bar Council and the Bar Council Remuneration Committee, the CBA, YBC and the Circuits. There will be Silk and junior involvement. The Bar will be kept informed of any developments. There will be no hidden agendas. We will keep you updated as to progress.
Assange Arrested
Assange shouted “this is unlawful” as police officers struggled to drag him from the Ecuadorian embassy on Thursday morning, the court heard. He had tried to “barge” past the officers back to his private room when they attempted to introduce themselves.
Assange, who had pleaded not guilty, now faces up to 12 months in prison in relation to the bail charge and will be later sentenced at Southwark crown court at an unspecified date.
Separately, Assange is due to appear in court via video link in May at Westminster magistrates court in relation to the US extradition charge of conspiring with Chelsea Manning to break into a classified government computer and disclose sensitive documents in 2010.
'Jack Shepherd: Speedboat killer jailed after fleeing UK'
Jack Shepherd fled before he was sentenced to six years for the manslaughter of Charlotte Brown, who died in the crash on the River Thames. He returned to the UK on Wednesday night after 10 months on the run.
Shepherd, 31, pleaded guilty at the Old Bailey to breaching bail and absconding and was sent to prison to begin his six-and-a-half-year sentence.
‘UK citizens who go to foreign terror hotspots could face 10 years in jail’
British citizens who go to live in foreign terror hotspots could face up to 10 years in prison under new laws that come into force on Friday. The Counter-Terrorism and Border Security Act 2019 creates a criminal offence of entering or remaining in a “designated area” overseas.
The act allows Home Secretary Sajid Javid to designate an area, subject to parliamentary approval. In order to use the power, he would need to be satisfied that it is necessary to restrict UK nationals and residents from travelling to or remaining in the area in order to protect the public from a risk of terrorism.
International
'Laleh Shahravesh: Dubai horse Facebook post Briton set to go free'
A woman being held in Dubai after allegedly calling her ex-husband's new wife a "horse" is to be allowed to go home. Laleh Shahravesh was arrested a month ago on arrival in the United Arab Emirates, three years after making remarks on social media about her ex-husband and his new spouse. She was accused of breaking Dubai's cyber crime laws, because of the online "insults".
It is understood she has been ordered to pay a fine of £3,000, after which her passport would be returned.
Other
'Should a convicted man stay in prison if his accuser says he is innocent?'
Last week in the unreported case of SB [2019] EWCA Crim. 569 the Court of Appeal gave its reasons for upholding a 68 year old grandfather’s conviction in a historical sex case, even though the only witness against him had told them, on oath, that he was innocent, and that she had lied at his trial.
It was, with respect to the judges, the sort of decision that might cause people to say that the law is an ass.
The judgment can be found here.
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Crime Fees 3 - Crown Court Fees Calculator for iOS and Android
Crime Fees enables criminal barristers in England and Wales to easily calculate Crown Court advocate fees for both prosecution and defence. All fee schemes are covered: the CPS Scheme C, the new December 2018 AGFS (Scheme 11), the April 2018 AGFS (Scheme 10), and the old 2012 AGFS (Scheme 9).
No need to compare complex fee tables. Simply select the type of hearing and offence, set the number of trial days, and the app will tell you the fee.
Add each fee in the case to the basket and save for convenient reference until you have been paid.
Every permutation of case is catered for - the 3 advocate types, the 19 types of hearing, the 17 offence bands, and the 915 offences.