New offences and sentencing – Law Society’s Gazette

‘Two further significant provisions of the Serious Crime Act 2015 have been brought into force. First, on 10 November 2015, section 79 created section 40CB of the Prison Act 1952, which provides for an offence of throwing any article or substance into a prison without authorisation.’

Full story

Law Society’s Gazette, 22nd February 2016

Source: www.lawgazette.co.uk

Regina v R and others – WLR Daily

Posted January 14th, 2016 in appeals, criminal procedure, disclosure, documents, evidence, law reports by sally

Regina v R and others [2015] EWCA Crim 1941; [2015] WLR (D) 552

‘The Court of Appeal (Criminal Division) gave guidance on the proper approach to disclosure of unused material in criminal proceedings where large quantities of documents, in particular electronic documents, were involved, and also on the approach to an abuse of process application where proceedings were delayed because of the disclosure exercise.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

Speech by HHJ Edmund QC on Better Case Management and the Plea and Trial Preparation Hearing – Courts and Tribunals Judiciary

‘Speech by HHJ Edmund QC at the Criminal Bar Association Ann Goddard Memorial Lecture on 3 November 2015 entitled ”All Change: What you need to know about Better Case Management and the Plea and Trial Preparation Hearing”.

Full speech

Courts and Tribunals Judiciary, 17th November 2015

Source: www.judiciary.gov.uk

Michael Gove hints at possible scrapping of criminal courts charge – The Guardian

Posted November 5th, 2015 in courts, criminal courts charge, criminal procedure, judiciary, news by sally

‘Michael Gove has given his broadest hint so far that he is seeking to ditch the highly unpopular criminal courts charge and could give magistrates and judges discretion over its enforcement.’

Full story

The Guardian, 3rd November 2015

Source: www.guardian.co.uk

Criminal Practice Directions and Practice Direction (Costs in Criminal Proceedings) re-issued – Courts and Tribunals Judiciary

Posted October 2nd, 2015 in costs, criminal procedure, practice directions, press releases by tracey

‘Criminal Practice Directions and Practice Direction (Costs in Criminal Proceedings) re-issued.’

Full press release

Courts and Tribunals Judiciary, 30th September 2015

Source: www.judiciary.gov.uk

New court charge sees judges cut compensation orders for victims – BBC News

Posted September 1st, 2015 in compensation, costs, courts, criminal courts charge, criminal procedure, fees, news by sally

‘Compensation payments to victims of crime are being affected by a new charge imposed on criminals.’

Full story

BBC News, 28th August 2015

Source: www.bbc.co.uk

Examining the new Criminal Procedure Rules 2015 – Halsbury’s Law Exchange

Posted August 5th, 2015 in amendments, criminal procedure, news, regulations by sally

‘How have the new Criminal Procedure Rules 2015 (Crim PR 2015) restated or amended previous legislation?’

Full story

Halsbury’s Law Exchange, 5th August 2015

Source: www.halsburyslawexchange.co.uk

Regina (Sanjari) v Crown Court at Birmingham – WLR Daily

Regina (Sanjari) v Crown Court at Birmingham: [2015] EWHC 2037 (Admin); [2015] WLR (D) 307

‘Judges of the Crown Court should subject applications to transfer representation under regulation 14 of the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013 to rigorous and searching scrutiny.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

Criminal trials could take place in town halls to save money, says Michael Gove -Daily Telegraph

Posted July 16th, 2015 in courts, criminal procedure, electronic monitoring, magistrates, news, trials by tracey

‘Magistrates’ courts could meet in town halls or even hotel suites in a bid to save money, the Justice Secretary has said. Michael Gove confirmed there will be a new programme of court closures but the minister stressed he was keen to retain the way justice is dispensed at a local level.’

Full story

Daily Telegraph, 15th July 2015

Source: www.telegraph.co.uk

Szegfu v Court of Pecs, Hungary – WLR Daily

Szegfu v Court of Pecs, Hungary [2015] EWHC 1764 (Admin); [2015] WLR (D) 273

‘Guidance on the application of section 26(5) of the Extradition Act 2003 relaxing the application of the strict time limit for bringing an extradition appeal in section 26(4).’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

Criminal law changes – Law Society’s Gazette

‘Offender Rehabilitation Act

This act came into force on 1 February 2015 for sentences imposed on or after that date. This is important for any defendant who receives a sentence of more than one day but less than two years, and who is over 18 on the day of their release. They will now be required to spend a total of one year either on licence or on supervision under the provisions introduced by this statute (section 256AA of the Criminal Justice Act 2003).’

Full story

Law Society’s Gazette, 15th June 2015

Source: www.lawgazette.co.uk

The Criminal Courts Charge: a “tax on the poor” or making criminals “pay their way”? – Halsbury’s Law Exchange

‘Much has been written about the criminal courts charge – a new mandatory financial charge incurred by convicted defendants (after a trial or entering a guilty plea) and unsuccessful appellants. I wrote a short “explainer” piece setting out the key provisions for UK Criminal Law Blog here. In essence, the charge accounts for a contribution to the costs of running the courts – making criminals “pay their way”, Justice Secretary Chris Grayling said.’

Full story

Halsbury’s Law Exchange, 15th April 2015

Source: www.halsburyslawexchange.co.uk

Regina v Quillan and others – WLR Daily

Regina v Quillan and others [2015] EWCA Crim 538; [2015] WLR (D) 144

‘If it was likely that a judge would need to make a ruling on a question of law relating to a criminal trial, it would usually be better to order a preparatory hearing before the start of the trial rather than having to make such a ruling after the jury had been sworn and the trial commenced, when any appeal against such a ruling by the Crown would require an undertaking that the defendant was entitled to be acquitted if the appeal failed.’

WLR Daily, 25th March

Source: www.iclr.co.uk

Regina (Chaudhary) v Crown Court at Bristol and another – WLR Daily

Posted March 23rd, 2015 in costs, criminal procedure, judicial review, law reports by sally

Regina (Chaudhary) v Crown Court at Bristol and another [2015] EWHC 723 (Admin); [2015] WLR (D) 131

‘The legislative changes effected by the introduction of the Criminal Procedure Rules revoked the Crown Court Rules 1982 in so far as they related to an award of costs in criminal cases in the Crown Court. Accordingly, there was no power under rule 12 of the Crown Court Rules enabling the Crown Court to make an order for costs in relation to an application under section 59 of the Criminal Justice and Police Act 2001 for the return of items seized pursuant to a search warrant.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

What were this decade’s most significant advances in law? – OUP Blog

‘The past decade has seen a number of advances in the field of law. As part of our exclusive Oxford law event, Unlock Oxford Law, we have asked some of our expert authors to identify what developments they thought were most significant. With constant changes and developments occurring across all the different areas of law, this is a subject that is very much up for debate. Read on to see what our authors said, and to see if you agree.’

Full story

OUP Blog, 18th March 2015

Source: www.blog.oup.com

Regina v Pooley (Jonathan); Regina v Lubemba – WLR Daily

Posted November 18th, 2014 in children, criminal procedure, cross-examination, law reports, trials, witnesses by sally

Regina v Pooley (Jonathan); Regina v Lubemba [2014] WLR (D) 472

‘The court gave guidance as to what measures a trial judge might legitimately take to protect a vulnerable witness without impacting adversely on the right of a defendant to a fair trial.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

Regina v P (J); Regina v Lubemba – WLR Daily

Posted November 11th, 2014 in children, criminal procedure, cross-examination, evidence, law reports, trials, witnesses by tracey

Regina v P (J); Regina v Lubemba: [2014] WLR (D) 472

‘The court gave guidance as to what measures a trial judge might legitimately take to protect a vulnerable witness without impacting adversely on the right of a defendant to a fair trial.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) – WLR Daily

Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) [2014] EWHC 1944 (Admin); [2014] WLR (D) 348

‘It might be a necessary requirement to provide a full registered (rather than non-registered) intermediary when an individual of special vulnerability, who was in jeopardy by reason of being before the courts upon criminal accusation, came to give evidence, as such a person should be put in the best position to do themselves justice.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

The Criminal Practice Directions, revised October 2014 – Judiciary of England and Wales

Posted July 25th, 2014 in costs, criminal procedure, practice directions, press releases by tracey

‘The Criminal Practice Directions, revised October 2014: Summary of Key Changes and Additions.’

Full press release

Judiciary of England & Wales, 23rd July 2014

Source: www.judiciary.gov.uk

Regina v White (Anthony) – WLR Daily

Regina v White (Anthony) [2014] EWCA Crim 714; [2014] WLR (D) 175

‘If a defendant, wrongly charged with offences contrary to section 16(1) of the Theft Act 1968, rather than under section 15A of the 1968 Act, was prepared to admit his dishonest transactions in relation to mortgage advances, it would be wrong to permit him to evade the consequences of his behaviour by refusing to substitute conviction of the correct offence simply in order to punish the prosecution for its egregious failures in relation to charging.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk