‘The Government has tabled amendments to the Criminal Justice Bill tightening the definition of ‘nuisance rough sleeping’ after MPs expressed concerns about the breadth of the legislation’s provisions.’
Local Government Lawyer, 15th May 2024
Source: www.localgovernmentlawyer.co.uk
‘Some court appearances will be delayed as part of an emergency measure because of prison overcrowding.’
BBC News, 15th May 2024
Source: www.bbc.co.uk
‘Andrew Malkinson says he could have been spared “20 years of darkness and despair” if the jury system had not been changed to allow majority verdicts.’
The Guardian, 9th May 2024
Source: www.theguardian.com
‘A group of campaigners recently called for the suspension of a circuit judge in a letter to the Lady Chief Justice. The letter alleged that the Judge had warned the Jury they could face criminal prosecution for returning a verdict based on their conscience and not the evidence. Charles Hannaford explores the current legislation governing jurors conduct in England and Wales.’
Mountford Chambers, 24th April 2024
Source: www.mountfordchambers.com
‘The Lady Chief Justice, Dame Sue Carr, has created a Transparency and Open Justice Board, which will “lead and coordinate the promotion of transparency and open justice across the courts and tribunals of England & Wales”.’
Local Government Lawyer, 1si May 2024
Source: www.localgovernmentlawyer.co.uk
‘A devoted father with a zest for life, he was given an indeterminate sentence in 2006. He is still locked up – and losing hope that he will ever be released.’
The Guardian, 1st May 2024
Source: www.theguardian.com
‘The law in England and Wales (as in Australia and other jurisdictions) enables a person to be convicted of an offence committed by another using complicity liability, sometimes termed ‘joint enterprise’. In England and Wales, ‘joint enterprise’ has been widely criticised for: failing to distinguish between the moral and legal culpability of the person who commits the substantive offence and those on the periphery of it; being disproportionality applied in cases involving young men from black and mixed ethnic backgrounds; and for lacking legal legitimacy. Thus, it was hoped that the decision of the Supreme Court in England and Wales in 2016 to abolish the extended form of complicity liability, known as Parasitic Accessorial Liability (PAL), would resolve these issues. Reporting on interviews with police detectives, and prosecution and defence lawyers in England involved in cases of serious youth violence, this paper argues that the problems associated with ‘joint enterprise’ in England and Wales remain, despite the change in the law. This is due to there being only ‘subtle shift’ in practice and a continued reliance on racialised inferences about young men from black and mixed ethnic backgrounds. To reduce problems with disproportionality and improve the fairness of the law related to complicity liability, changes to police and prosecutorial practice are required, alongside meaningful law reform.’
Current Issues in Criminal Justice, 29th April 2024
Source: www.tandfonline.com
‘Rap and drill music was used as prosecution evidence for serious charges including alleged gang-related murders against at least 252 defendants in England and Wales over a three-year period, a study has found.’
The Guardian, 30th April 2024
Source: www.theguardian.com
‘New legislation will provide extra protections for victims’ counselling notes during criminal investigations.’
Ministry of Justice, 23rd April 2024
Source: www.gov.uk
‘Hetty Summerhayes examines the introduction of the offences of cyberflashing and sharing or threatening to share intimate photographs or film.’
Devon Chambers, March 2024
Source: devonchambers.co.uk
‘MPs from across the political spectrum have urged the government to remove a “barrier to justice” that sees crime victims in England and Wales forced to pay hundreds or thousands of pounds for transcripts of court proceedings.’
The Guardian, 21st April 2024
Source: www.theguardian.com
‘Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024] UKUT 3 (ACC), which concerns the Criminal Injuries Compensation Scheme 2012 and its interaction with ‘Daisy’s Law’ in the Victims and Prisoners Bill.’
12KBW Personal Injury Law Blog, 10th April 2024
Source: pilawblog.com
‘The government has announced measures making it easier for police to apply for stalking protection orders, meaning more victims will be protected earlier.’
Home Office, 22nd April 2024
Source: www.gov.uk
‘The first part in this two-part article explored the application of hate crime laws in the sentencing of Scarlett Jenkinson and Eddie Ratcliffe for the tragic murder of Brianna Ghey, a 16-year-old transgender child. This second part sets out the current statutory framework for prosecuting hate crimes in England and Wales before providing an analysis of potential shortcomings and recommendations for reform.’
2DRJ, 18th April 2024
Source: www.2drj.com
‘The well reported case of two teenagers convicted for the murder of 16-year-old transgender child, Brianna Ghey, offers an opportunity for legal practitioners to review the scope and limitations of existing hate crime legislation. The sentencing remarks of Mrs Justice Yip DBE in R v Scarlett Jenkinson and Eddie Ratcliffe, are considered in this two-part article which provides an overview of hate crime laws in England and Wales.’
2DRJ, 26th March 2024
Source: www.2drj.com
‘A Thameslink train driver who took photos up a woman’s skirt while she was asleep on a train has avoided jail, despite being found guilty of voyeurism.’
The Guardian, 19th April 2024
Source: www.theguardian.com
‘MPs have been accused of “political cowardice” for failing to back the resentencing of thousands of prisoners trapped under abolished indefinite jail terms.’
The Independent, 20th April 2024
Source: www.independent.co.uk
‘The Court of Appeal has dismissed the appeal of Mrs Akhtar who had been resident in the UK for 39 years (since 1985). Elisabeth Laing, Phillips and Males LJJ held that the Upper Tribunal had not failed to consider all the relevant circumstances when reaching its decision under section 117C(6) of Part 5A of the Nationality, Immigration and Asylum Act 2002 and they dismissed Mrs Akhtar’s appeal. Judges Mandalia and Hanson had not erroneously concluded that a foreign criminal had failed to meet the statutory exceptions in section 117C(6) when deciding her rights under article 8 of the ECHR did not outweigh the public interest in her deportation. Mrs Akhtar and her husband (“H”) were both convicted criminal offences on 21 April 2016 and they were duly sentenced, respectively, to a total of 4 years and three months’ imprisonment and to 14 years’ imprisonment (reduced to 11 on appeal) for their roles in a substantial and long-running mortgage fraud. Mrs Akhtar was convicted of the offences of cheating the public revenue between 1 January 2004 and 26 September 2012, entering into an arrangement to facilitate the acquisition, retention, use or control of criminal property and two counts of conspiracy to obtain a money transfer by deception. She was sentenced, respectively, to 30 months’ imprisonment, 30 months’ imprisonment, concurrent and also 21 months’ imprisonment, consecutive, and 21 months’ imprisonment, concurrent. Mrs Akhtar, who entered the UK as a fiancée in 1985, complained that the UT did not take her long residence into account in considering section 117C(6).’
EIN Blog, 22nd April 2024
Source: www.ein.org.uk
‘David Pollard of Wilberforce Chambers has written an article about the relevance of the recent Supreme Court decision in R (Palmer) – in which it was held that an administrator was not in the class of persons liable to prosecution under the Trade Union and Labour Relations (Consolidation) Act 1992 for alleged failure to give notice to the SoS of proposed collective redundancies – to crimes and fines under pensions legislation.’
Pensions Barrister, 18th April 2024
Source: www.pensionsbarrister.com
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