Climate activist who allegedly held sign directed at jurors may be charged – The Guardian

‘A climate activist who allegedly held a sign outside court telling jurors they were entitled to find protesters not guilty based on their conscience may still face a criminal charge.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

Remote hearings have “no impact” on outcomes of Crown Court cases – Legal Futures

‘Judges and lawyers can be reassured that holding Crown Court hearings and trials remotely makes no difference to the outcome, a major analysis has concluded.’

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Legal Futures, 31st March 2023

Source: www.legalfutures.co.uk

Sexual Risk Orders: Lowering the Standard – Doughty Street Chambers

‘Sexual Risk Orders (‘SRO’) under section 122A of the Sexual Offences Act 2003 (‘the 2003 Act’) were introduced in 2015 by the Anti-Social Behaviour, Crime and Policing Act 2014. Unlike the similar Sexual Harm Prevention Orders introduced at the same time, SROs may be obtained without a criminal conviction for a sexual offence. Being civil orders obtained in the Magistrates’ Court the applicant authority (a police force or the National Crime Agency) is able to rely on the admissibility of hearsay evidence under the Civil Evidence Act 1995 (‘the 1995 Act’) and the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999. However, the Police, Crime, Sentencing and Courts Act 2022 significantly altered the process by amending section 122A(6) to state that the court need only be satisfied on the balance of probabilities that a defendant has done at least one act of a sexual nature as alleged. Previously, the standard of proof had been held to be the criminal standard, though the statute was silent as to the standard required. This amendment took effect on 29 November 2022 and there has already been a noticeable upsurge in the number of applications for these Draconian orders.’

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Doughty Street Chambers, 12th March 2023

Source: insights.doughtystreet.co.uk

Ministers can veto prisoners’ parole in Victims and Prisoners Bill – BBC News

‘Ministers will be able to block the release of some prisoners and stop others getting married under new plans to overhaul the parole system.’

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BBC News, 29th March 2023

Source: www.bbc.co.uk

Call to name courts with biggest backlogs – Legal Futures

Posted March 28th, 2023 in courts, criminal justice, delay, Ministry of Justice, news, reports, statistics by sally

‘The Ministry of Justice (MoJ) must publish data on the backlogs of individual criminal courts, a group that campaigns to improve public data has said.’

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Legal Futures, 28th March 2023

Source: www.legalfutures.co.uk

Delays to rape trials in England and Wales ‘devastating’ for victims – The Guardian

‘Long delays and a massive increase in the rescheduling of rape trials are having a devastating impact on victims’ mental health and leading some victims to take their own lives, according to a major new report.’

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The Guardian, 27th March 2023

Source: www.theguardian.com

British man deported to Jamaica launches action against Home Office – The Guardian

‘A British man convicted of murder is launching a legal action against the Home Office after he was wrongly deported to Jamaica.’

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The Guardian, 19th March 2023

Source: www.theguardian.com

Whole life sentence prisoners face ban from marrying under Government plans – The Independent

‘Prisoners serving whole life sentences would be prevented from marrying under new Government plans.’

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The Independent, 18th March 2023

Source: www.independent.co.uk

Ministers face legal battle with criminal solicitors over legal aid – The Guardian

Posted March 2nd, 2023 in criminal justice, legal aid, news, remuneration, solicitors by sally

‘Ministers could face a legal battle over their refusal to increase legal aid rates for criminal defence solicitors in England and Wales by the minimum recommended in an independent review. The Law Society, the professional body for solicitors, claims there has been an “unlawful and irrational” failure to implement the 15% minimum increase recommended by Christopher Bellamy as necessary to sustain the future of the criminal justice system.’

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The Guardian, 1st March 2023

Source: www.theguardian.com

Revealed: one in 100 police officers in England and Wales faced a criminal charge last year – The Guardian

‘Shocking figures obtained by the Observer show roughly one in 100 police officers in England and Wales faced criminal charges, including for sexual offences, last year alone.’

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The Guardian, 25th February 2023

Source: www.theguardian.com

What’s the future for open justice and ‘justice system data’ policy? – Transparency Project

Posted February 27th, 2023 in civil justice, consultations, criminal justice, data protection, news by sally

‘“Our justice system is years behind other public services like health and education in collecting and using data to understand performance and impact” says Natalie Byrom, director of research at the Legal Education Foundation (TLEF). “We need a fundamental shift in attitude and culture to ensure that changes are underpinned by solid evidence and that decision-makers are accountable to those who need the law most.”’

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Transparency Project, 24th February 2023

Source: transparencyproject.org.uk

Police should be given power to charge suspects, say senior officers in England – The Guardian

Posted February 27th, 2023 in criminal justice, Crown Prosecution Service, delay, news, police by sally

‘The police, rather than independent prosecution lawyers, should have the power to charge suspects in most cases, three senior police chiefs have said, as they warned of a deepening crisis in the justice system.’

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The Guardian, 27th February 2023

Source: www.theguardian.com

Experts “too quick to dismiss” public concern over use of court data – Legal Futures

Posted February 22nd, 2023 in civil justice, criminal justice, data protection, Ministry of Justice, news by sally

‘Senior government officials and lawtech specialists accept there is “meaningful” public concern about the use of data from the justice system, but often suggest the public does not “really understand the system”, a report has found.’

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Legal Futures, 22nd February 2023

Source: www.legalfutures.co.uk

Juries in rape cases more likely to convict than acquit – Law Society’s Gazette

Posted February 22nd, 2023 in criminal justice, juries, news, rape, sexual offences, statistics by sally

‘Juries in rape cases are more likely to convict than acquit a defendant, according to landmark research analysing nearly six million charges and every verdict reached between 2007 and 2021. The research, conducted by UCL’s Professor Cheryl Thomas, was commissioned by HM Judiciary after a petition was submitted to parliament calling for all jurors in rape trials to complete compulsory training about rape. The petition, signed by 16,445 people, stated that research showed jurors accepted commonly held rape myths, resulting in many incorrect not guilty verdicts.’

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Law Society's Gazette, 21st February 2023

Source: www.lawgazette.co.uk

Nightingale Courts to remain open to boost capacity and speed up justice – Ministry of Justice

Posted February 17th, 2023 in courts, criminal justice, Crown Court, delay, Ministry of Justice, news, statistics by sally

‘Nightingale Courts across England and Wales are being kept open for another year to reduce waiting times and deliver swift justice for victims.’

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Ministry of Justice, 17th February 2023

Source: www.gov.uk

Convictions under ‘racist’ gang law to be monitored by CPS for first time – The Independent

‘The Crown Prosecution Service (CPS) will monitor data on the race of those prosecuted under the joint enterprise laws for the first time following a legal challenge.’

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The Independent, 16th February 2023

Source: www.independent.co.uk

Spiking: Low conviction rate is shocking, say victims – BBC News

‘A student who suspects she was a victim of spiking has said the low conviction rate is shocking but not surprising.’

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BBC News, 15th February 2023

Source: www.bbc.co.uk

Defendants of colour more likely to be charged than white people, finds CPS study – The Guardian

‘Black and minority ethnic defendants are significantly more likely to be charged for a comparable offence than white British defendants in England and Wales, a study commissioned by the Crown Prosecution Service (CPS) has found.’

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The Guardian, 7th February 2023

Source: www.theguardian.com

Children Born As A Result Of Rape Will Be Recognised As Victims – Each Other

Posted February 7th, 2023 in bills, children, criminal justice, news, rape, victims by sally

‘The government intends to amend the Victims Bill to clarify that children who were born as a result of rape are entitled to support from criminal justice agencies such as the police and courts. Over 2,000 children were conceived as a result of rape in 2021. Under “Daisy’s Law”, children and adults who were born as a result of rape will be recognised as victims in their own right.’

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Each Other, 7th February 2023

Source: eachother.org.uk

New reforms to tackle ‘abuse’ of modern slavery laws by criminals – The Independent

‘Tough new rules will make it harder for migrants convicted of serious offences to claim to be victims of modern slavery, under plans announced by the Home Secretary.’

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The Independent, 30th January 2023

Source: www.independent.co.uk