Issue 89

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

APCC Requests Withdrawal of 'Digital Consent Form'

This week’s announcement of a new document requiring complainants to either agree to the download and search of a wide range of digital personal data or to face the threat that their case will be discontinued has caused PCCs to be extremely concerned about the impact this will have on victims.

APCC Criminal Justice Lead, David Lloyd PCC said: “We have no doubt that this form, as it currently stands, should be withdrawn, or it is likely to result in a loss of confidence in the police, the CPS and the criminal justice system more broadly

'State may take back control of probation service' (£££)

David Gauke, the justice secretary, is preparing to renationalise probation after a partial privatisation by Chris Grayling that a watchdog branded “irredeemably flawed”.

Under the proposals the supervision of tens of thousands of offenders will be taken over by the state-run probation service. Private sector companies will provide treatment programmes and other help to criminals.

Criminal Legal Aid Review Programme Overview

In December 2018, the Ministry of Justice (MOJ) announced a comprehensive review of criminal legal aid fee schemes.

We also intend to engage with wider stakeholders, including relevant experts and user engagement groups. At the request of the Defence Practitioner Advisory Panel, we are publishing a Programme overview (PDF, 789KB, 26 pages) in advance of a series of regional events open to practitioners where MOJ will present the aims of, and approach to, the review and the issues we hope to address and invite feedback.

BPTC at The Inns of Court College of Advocacy

The ICCA is delighted to announce that it has applied to the Bar Standards Board (BSB) to be authorised to deliver a new Bar Course that will replace the Bar Professional Training Course (BPTC).

If approved, the course will be delivered in two parts from Autumn 2020... The ICCA will charge £12,225 overall which will be split between £1,000 for part one and £11,225 for part two.

Court Access Scheme Widened

The ‘professional-user access scheme’ has already been trialled at 10 courts and will now be rolled out by HM Courts and Tribunals Service (HMCTS) to an additional five courts in May, continuing nationwide with completion expected in 2020.

The five courts joining the scheme from 22 May 2019 are:

Manchester Minshull Street

York Crown Court

Reading Crown Court

Guildford Crown Court

Cardiff Crown Court

'Joseph McCann hearing held in jail after rape suspect refuses to leave'

A judge has visited the alleged serial sex attacker Joseph McCann to conduct a hearing in prison after he refused to attend court to face a string of charges including allegations he tied up a mother and sexually abused her children.

Chief magistrate Emma Arbuthnot authorised the use of force to bring him before her after he refused to leave the cells at Westminster magistrates court on Wednesday. But in what is believed to be an unprecedented move, she convened a private hearing inside Belmarsh prison on Thursday.

The court crest was brought in a carrier bag.

Cases

John-Baptiste, R (On the Application Of) v DPP [2019] EWHC 1130 (Admin)

The single issue in this claim for judicial review is whether the decision made on behalf of the Director of Public Prosecutions by senior officials of the Crown Prosecution Service ("CPS") not to prosecute S for manslaughter for the death of Jourdain John-Baptiste was irrational.

Ms Harrold recognised that the decision was a difficult one. Despite the unequivocal view of two Treasury Counsel that the evidential test was not satisfied, that difficulty was exemplified by the contrary view taken by Mr Bailin and the conflicting views expressed by different experienced Crown Prosecutors. But the fact that different people with great expertise and experience came to different conclusions when considering all the evidence in this tragic case demonstrates, to my mind, that there was nothing irrational or perverse in the decision ultimately made by Ms Harrold. It confirms that more than one view could be taken on the evidence. Both views were rational. She, both Treasury Counsel and other Crown Prosecutors, were entitled on the evidence to conclude that it was not more likely than not that a jury would convict S of manslaughter.

Other

Sir Brian Leveson: 'Increasing efficiency in a digital age'

Given the overarching themes of this conference are reducing crime, reducing re-offending and increasing effectiveness, I would like to offer my thoughts on increasing efficiency in a digital age.

Speaking of IT challenges – one of the issues in relation to disclosure is the sometimes incredibly vast amounts of data with which the prosecution has to deal. In R v R, arising out of Operation Amazon, some 7 terabytes of data had to be appropriately managed under the disclosure obligations which are a fundamental part of a fair criminal justice system.

SEC Review of Criminal Legal Aid Meeting

On Wednesday 8th May the South Eastern Circuit will host the first public event at which the MoJ will be present to answer questions about the Legal Aid Review. The focus of our event will be Crown Court advocacy. (Other similar events will be hosted by the Law Society that focus on other parts of the CJS). This event will take place at the Old Bailey in the Bar Mess between 17.00 - 19.00.

The event is open to all practitioners on application for a ticket here. Numbers are strictly limited and priority will be given to members of the Circuit.

BSB Proposal for Mandatory Pupillage Timetable

Currently, the BSB stipulates that all pupillages must be advertised on the Pupillage Gateway. AETOs must apply for a waiver for any exception. However, there is no requirement to adhere to the common Gateway advertising and recruitment timetable. The BSB is proposing to introduce a requirement, by way of a condition of AETO authorisation, that all pupillage recruitment must be in line with the Pupillage Gateway timetable. (Note that we are not proposing that the Gateway must be used for processing pupillage applications). The Bar Council, who manage the Pupillage Gateway, support our decision to consult on this proposal.

The deadline for responses to the proposals is 31 July 2019.

Obscurity

Section 30(1) of the Courts Act 2003 states that "The Lord Chancellor may, after consulting the Lord Chief Justice, give directions as to the places in England and Wales at which magistrates' courts may sit".

Issue 89 11th May 2019