Research Briefing: Police powers: detention and custody – House of Commons Library

‘This Commons Library briefing paper describes police detention powers and outlines a recent history of their reform. It also describes the police custody estate.’

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House of Commons Library, 3rd August 2021

Source: commonslibrary.parliament.uk

Rape victims still face police phone trawl, says commissioner – BBC News

‘Proposals for England and Wales mean people who claim to have been raped will still face pressure to hand over their phones to police and prosecutors, says the victims’ commissioner.’

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BBC News, 17th July 2021

Source: www.bbc.co.uk

UK introducing three laws that threaten human rights, says UN expert – The Guardian

‘Boris Johnson’s government is introducing three pieces of legislation that will make human rights violations more likely to occur and less likely to be sanctioned even as averting climate catastrophe depends on these rights, the UN special rapporteur for human rights and the environment has said.’

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The Guardian, 24th June 2021

Source: www.theguardian.com

Longer jail terms and stricter monitoring as new terror laws gain Royal Assent – Ministry of Justice

‘The biggest shake-up of terrorist sentencing and monitoring in decades has been granted Royal Assent today (29 April 2021) – giving the courts, police and security services greater powers to protect the public.’

Full press release

Ministry of Justice, 29th April 2021

Source: www.gov.uk/government/organisations/ministry-of-justice

Landmark report calls for stop-and-search filming – Law Society’s Gazette

‘Police officers should switch on body-worn cameras whenever they think they might need to stop and search someone, in order to help rebuild trust in the community, the government’s Commission on Race and Ethnic Disparities has told the prime minister in a landmark report.’

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Law Society's Gazette, 12th April 2021

Source: www.lawgazette.co.uk

Alexandra Wilson examines the Court of Appeal ‘Encrochat’ judgment: A, B, D & C v Regina [2021] EWCA Crim 128 – 5SAH

‘The Court of Appeal (“the Court”) were asked to determine whether evidence obtained from the EncroChat application (“the EncroChat material”) can be admitted in evidence in criminal proceedings, or whether it is excluded by the Investigatory Powers Act 2016 (“the 2016 Act”).’

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5SAH, 25th March 2021

Source: www.5sah.co.uk

MI5 undercover agent policy held lawful – UK Human Rights Blog

‘In Privacy International & Ors v Secretary of State for Foreign And Commonwealth Affairs & Ors [2021] EWCA Civ 330, the Court of Appeal held that the policy which authorises officers of the Security Service (MI5) to run undercover agents who participate in the commission of criminal offences is lawful.’

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UK Human Rights Blog, 26th March 2021

Source: ukhumanrightsblog.com

Policing bill: What are the new powers to ‘manage’ protests? – The Independent

Posted March 15th, 2021 in bills, demonstrations, investigatory powers, news, police, sentencing by tracey

‘Governments of whatever party seem to come up with a new “law and order” bill almost every year, and these often turn into great caravans of minor legal changes, many of which are uncontroversial. The Police, Crime, Sentencing and Courts Bill, which will be debated by MPs on Monday and Tuesday, is the latest of its kind – and it has suddenly become intensely topical because of the debate over the policing of the vigil for Sarah Everard on Saturday.’

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The Independent, 15th March 2021

Source: www.independent.co.uk

Councils and other public bodies to be put under legal duty to share data and intelligence in cases of serious violence – Local Government Lawyer

‘A new legal duty is to be imposed on local authorities, the police, criminal justice agencies, health and fire and rescue services to share data and intelligence in cases concerning serious violence.’

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Local Government Lawyer, 11th March 2021

Source: www.localgovernmentlawyer.co.uk

Tougher sentences on menu in ‘restore confidence’ bill – Law Society’s Gazette

Posted March 10th, 2021 in bills, criminal justice, investigatory powers, news, police, sentencing by sally

‘Legislation aimed at ‘restoring confidence in the criminal justice system’ is to be unveiled in parliament today. According to a government statement, the Police, Crime, Sentencing and Courts Bill will equip the police with the powers and tools they need to protect themselves and the public, while overhauling sentencing laws to keep serious sexual and violent offenders behind bars for longer, and placing greater emphasis on rehabilitation to better help offenders to turn their lives around.’

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Law Society's Gazette, 9th March 2021

Source: www.lawgazette.co.uk

MI5 policy allowing agents to commit crimes was legal, say judges – The Guardian

‘MI5’s partially secret policy of allowing agents to participate in serious crimes in pursuit of intelligence was legal, three court of appeal judges have concluded.’

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The Guardian, 9th March 2021

Source: www.theguardian.com

£130.5 million to tackle serious violence, murder and knife crime – Home Office

‘Package includes £30 million for police to surge activity in serious violence hotspots and new money to steer young people away from crime.’

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Home Office, 8th March 2021

Source: www.gov.uk

New Acts – legislation.gov.uk

Ministerial and other Maternity Allowances Act 2021

Covert Human Intelligence Sources (Criminal Conduct) Act 2021

Source: www.legislation.gov.uk

Alexandra Wilson examines the Court of Appeal ‘Encrochat’ judgment: A, B, D & C v Regina [2021] EWCA Crim 128 – 5SAH

‘Alexandra Wilson provides an update on the latest Encrochat position following the judgment in A, B, D & C v Regina [2021] EWCA Crim 128.’

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5SAH, 18th February 2021

Source: www.5sah.co.uk

Case Comment: R (on the application of KBR, Inc) v Director of the Serious Fraud Office – UKSC Blog

In this post, Omar Qureshi, Eoin O’Shea, Amy Wilkinson and Karishma Gadhia, who all work at CMS and have a special interest in corporate crime matters, comment on the decision handed down by the UK Supreme Court earlier this month in the matter R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, which concerned whether the Director of the Serious Fraud Office can issue a notice pursuant to section 2(3) of the Criminal Justice 1987 requiring a foreigner to produce material held overseas.

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UKSC Blog, 24th February 2021

Source: ukscblog.com

DWP uses excessive surveillance on suspected fraudsters, report finds – The Guardian

‘Suspected benefit fraudsters in the UK are being subjected to excessive surveillance techniques such as being tailed by government officers or identified in CCTV footage, according to a report.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

Implants, Interception and the Admissibility of EncroChat Data – Broadway House Chambers

‘On 05 February 2021, the Court of Appeal judgment in the case of A & Others [2021] EWCA Crim 128 was published. The judgment effectively dismissed arguments to stop the use of data obtained from the EncroChat communications network in legal proceedings. Put simply, judges ruled that the data obtained by French and Dutch law enforcement by hacking EncroChat servers did not constitute “interception” and therefore did not contravene the statutory provisions as set out in the Investigatory Powers Act 2016.’

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Broadway House Chambers, 8th February 2021

Source: broadwayhouse.co.uk

Peers vote to ban spies from committing murder, rape and torture under new law – The Independent

Posted January 14th, 2021 in bills, intelligence services, investigatory powers, murder, news, rape, spying, torture by tracey

‘Peers have voted to ban spies from committing murder, rape and torture under a controversial new law – three months after MPs refused to bring in the same restrictions.’

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The Independent, 13th January 2021

Source: www.independent.co.uk

‘Child spies’ bill could face Lords defeat as Tory peers rebel – The Guardian

‘Tory peers, bishops and crossbenchers could inflict defeat on the government after an outcry over new guidance which allows state agencies to use children as undercover spies as part of the government’s covert intelligence bill.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

MI6 kept quiet about ‘criminality’ of agent with ‘licence to kill’ – The Guardian

‘MI6 failed to make clear to the foreign secretary that a “high risk agent” operating overseas had probably engaged in “serious criminality” until it was pointed out by an independent regulator last year.’

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The Guardian, 15th December 2020

Source: www.theguardian.com