Criminal

Article: 22m trial abandoned

The trial in the case of a £1.75m armed robbery of a cash depot at Heathrow Airport in February 2004 has collapsed for the third time.

Article: Advocacy standards consultation

The Bar Standards Board, the Solicitors Regulation Authority and ILEX have published a joint consultation on quality standards for criminal advocates. The deadline for responses is  22 March.

Article: APPLICATION OF CRIMINAL SANCTIONS IN PURSUIT OF COMMUNITY POLICIES - SHIP SOURCE POLLUTION

In 2008 the Commission issued a proposal for a directive applying criminal sanctions to reinforce the already-existing administrative and other penalties that can be applied to polluters. The European Parliament has backed the proposal.See:...

Article: Attorney General delivers Annual Law Reform Lecture

THE Annual Law Reform Lecture was delivered on Thursday 20 November, with the Attorney General, the Rt Hon Baroness Scotland of Asthal QC, delivering a speech entitled ‘Justice for All: closing the gap for fraud victims’. The speech set out the...

Article: Bar Council and Criminal Bar Association back new ‘Very High Cost Cases’ Scheme

THE Bar Council and the Criminal Bar Association (CBA) have today welcomed the publication of a consultation paper on a proposed payment scheme for Very High Cost Cases (VHCCs). The proposals have been drafted by a steering group comprising...

Article: Bar Council and Criminal Bar Association express concerns over Coroners and Justice Bill

THE Bar Council and the Criminal Bar Association have voiced their concerns over the Coroners and Justice Bill, which receives its Second Reading in the House of Commons. A briefing sent to parliamentarians set out concerns in a number of key areas...

Article: Bar Council Mission Visit China

A Bar Council group of experts in commercial and criminal law visited China for a mission to further the longstanding cooperation between the legal professions of the two countries and raise awareness of the Bar of England and Wales and the...

Article: Bar Council moves toward judicial review of Government’s consultations on criminal legal aid

THE Bar Council has taken the first step toward a judicial review (JR) of two consultations on Advocates Graduated Fees and Very High Cost Cases (VHCCs) which are being conducted by the Ministry of Justice (MoJ) and the Legal Services Commission (LSC)...

Article: Bar Council raises concerns about advocacy in criminal courts

SPEAKING in Vienna, where he is attending the European Bar Presidents Conference, the Chairman of the Bar, Desmond Browne QC, warned of the dangers of the ever increasing quantity of advocacy work being handled in-house by the Crown Prosecution...

Article: Bar Council voices concern over arrest of American lawyer in Kigali

THE Bar Council has voiced its deep concern over the arrest of Professor Peter Erlinder in Kigali, Rwanda.

Article: Bar working party

A working party of about 100 barristers, clerks and practice managers from the criminal, family, civil, commercial and chancery Bar has been set up to advise sets of chambers on how to contract directly with the LSC.

Article: Barristers urge peers to strengthen support for bereaved families in Coroners and Justice Bill

BEREAVED families should have access to legal representation at inquests, the Bar Council and the Criminal Bar Association have told the House of Lords. This change is one of a number of amendments being sought by barristers to the Coroners and...

Article: Bogus barrister

A Middlesborough man who impersonated a barrister has been jailed for two years. Ian Clegg, 32, described by Judge  Esmond Faulks as a “compulsive liar” who wanted to appear more important than he was, bought a wig and gown from eBay and defended two...

Article: Break-in at the Bar Council

IN the early evening of Friday 12 December, a break-in occurred at the Holborn offices of the Bar Council, which also houses its regulatory arm, the Bar Standards Board. The break-in was discovered on 13 December and police were on the scene on the...

Article: Consolidating Criminal Procedure

The Criminal Procedure Rule Committee has made the first consolidating edition of the Criminal Procedure Rules, which affect all criminal courts in England and Wales.

Article: Coroners Bill warning

“Far-reaching” reforms in the Coroners and Justice Bill need more in-depth consultation, the Bar Council and Criminal Bar Association have warned.

Article: CPS improves prosecution rate

criminal lawThe Crown Prosecution Service (CPS) has improved its prosecution rates in violent offences against women and girls.In the four years since 2006-07, the number of prosecutions rose 38 per cent from just under 69,000 to 95,000 and the level...

Article: Criminal Bar hit by fee delays

criminalThe Bar Council has been working to resolve delays in the payment of Crown court legal aid fees and travel expenses to criminal law barristers by the Legal Services Commission (LSC).

Article: Criminal legislation is too complex

CRIMINAL PRACTICEJudges sentencing convicted criminals in their courts are struggling under the burden of “impenetrable legislation”, the Lord Chief Justice, Lord Judge has  warned.

Article: Deal over complex terror and murder trials undermined by Government’s eleventh hour change in proposals

A deal to ensure proper funding for representation in the most complex criminal trials has today been threatened by a last-minute change of heart by the Government, the Bar said. The Bar Council and the Criminal Bar Association have reacted angrily to...

Article: Double trouble for Ministry of Justice

CriminalTwo separate judicial reviews have been launched against the Ministry of Justice in response to plans within the Legal Aid, Sentencing and Punishment of Offenders Bill 2010-2011 to cut legal aid.

Article: Early guilty pleas could halve sentences

CBA Chairman raises concerns The Criminal Bar Association (“CBA”) has given a lukewarm response to Government proposals to offer defendants who plead guilty at the earliest stage a 50 per cent reduction in their sentence.

Article: EXCHANGE OF CRIMINAL EVIDENCE

The Bar Council recently responded to the Commission’s Green Paper on the possible extension of the European Evidence Warrant, to cover evidence that is not yet in existence (e.g. taking a witness statement) or that exists but is not directly a...

Article: Facts for suspects

CriminalThe Bar Council and Criminal Bar Association (CBA) have played a leading role in a project to produce an accessible factsheet for defendants in criminal proceedings. 

Article: Fee-sharing favours solicitor-advocates over barristers

Solicitor-advocates may be appointed for cases beyond their competency because of a desire to keep costs low, a report commissioned by the Legal Services Board (“LSB”) has found.

Article: Government has “gone back on its word”

The government has “gone back on its word and resumed its attack on the criminal Bar” the new Criminal Bar Association (“CBA”) Chairman Paul Mendelle QC has warned. In a letter to The Times, Mendelle, of 25 Bedford Row, accused the government of...

Article: High fines anticipated for corporate manslaughter

HEALTH & SAFETY A company convicted of corporate manslaughter has been fined 116 per cent of its annual turnover.Cotswold Geotechnical Holdings Ltd (CGH) was fined £385,000 last week at Winchester Crown Court, after becoming the first to be ...

Article: Important information for pupil barristers coming to the end of their first six

When the relevant parts of the Legal Services Act 2007 came into force on the 1 January 2010, it became a criminal offence to undertake a reserved legal activity, such as exercising a right of audience, without having in force a valid practising...

Article: Judges’ behaviour criticised

CriminalIn two recent judgments, the Court of Appeal quashed convictions because of the judge’s behaviour during the case. Both matters took place at Kingston on Thames Crown Court and within four weeks of one another, in October and November 2010.

Article: Legal aid cuts could put children at increased risk

The Family Bar Association (FLBA) has presented the Ministry of Justice with a dossier of case studies showing the harm that could result if funding cuts to the legal aid system go ahead.

Article: Lord Judge warns tabloids

CriminalUnfair reporting in a murder investigation could deter witnesses from stepping forward or even jeopardise a future prosecution against someone else, the Lord Chief Justice has said.

Article: LSC documents

The LSC has published two documents relating to criminal Crown Court defence work—Pages of Prosecution Evidence Guidance and an Information Pack on the Advocates’ Graduated Fee Scheme. The documents are both available on the LSC website.

Article: Macbeth on trial in Kalisher play

In the 14 years since Michael Kalisher QC was so early lost to the Bar the scholarships in his name have allowed law students of ambition and verve to make a go of it at the criminal Bar when financial constraint might otherwise have deterred them,...

Article: Michael Mansfield is honoured at LALYs

Michael Mansfield QC received an award for “outstanding achievement” at this year’s Legal Aid Lawyer of the Year Awards.

Article: Moses LJ calls for criminal reform

Lord Justice Moses has called for reform of the role of the judge in jury trials. Delivering this year’s Law Reform Committee lecture “Summing Down the Summing Up: Re-Forming the Criminal Trial” on 23 November at the Inner Temple, Moses LJ said there...

Article: Murder changes

Changes to the law on murder, introduced by the Coroners and Justice Act 2009, have come into force.

Article: NAO critical of legal aid reforms

The Legal Services Commission (“LSC”) has come under fire over its criminal legal aid reforms in a devastating National Audit Office (“NAO”) report. The report, into the procurement of criminal legal aid, warns that reforms to criminal legal aid...

Article: New assault guideline

sentencing guidelinesThe Sentencing Council has published a new guideline for assault offences.It applies to both magistrates’ and Crown courts, and covers the most frequently sentenced of these offences — inflicting grievous bodily harm, actual bod...

Article: New Chairman of the Criminal Bar Association calls for a halt to the Government’s “Cavalier” legal aid cuts

The new Chairman of the Criminal Bar Association (CBA), Paul Mendelle QC, has called for the Government to re-think its approach towards the publicly-funded Bar. He is taking over as Chairman of the CBA, which represents over 3,600 criminal...

Article: New Law Commissioner

Professor David Ormerod has been appointed as a Law Commissioner for a five-year term with effect from September.

Article: NewsBites

Mediation mattersSeparating couples will need to consider mediation before they can divorce in future, the Ministry of Justice has announced. The new policy could potentially lower the cost of divorce for the couples involved, as well as reducing the...

Article: NewsBites - March 2012

Criminal injuriesPeople with unspent criminal records could be barred from making claims to the Criminal Injuries Compensation Scheme unless there are exceptional circumstances, Justice Secretary Ken Clarke has said. Convicted criminals could also be...

Article: Outstanding author

A book about the law governing child abuse has won the inaugural £10,000 Inner Temple book prize for outstanding legal authorship.

Article: Practising certificate

As of 1 January 2010, barristers will be committing a criminal offence if they carry out reserved legal activities without a practising certificate. The Bar Council is therefore reminding its members to apply in good time. Also from this date,...

Article: PROCEDURAL RIGHTS – COMMISSION TO REISSUE PROPOSAL

The Commission is making no secret of the fact that it intends to re-issue its proposal for a Framework Decision on minimum procedural safeguards for suspects and defendants in criminal cases. The Swedish Presidency of the Council (second half of...

Article: Produce in-house advocacy data

New Bar Council chair Desmond Browne has challenged the Director of Public Prosecutions, Keir Starmer QC, over the increasing share of available work taken in-house by the CPS.

Article: PROTECTION OF THE ENVIRONMENT THROUGH THE CRIMINAL LAW

Directive 2008/99/EC, whereby criminal sanctions can be applied for breach of environmental measures (Official Journal L 328 of 06/12/08 ), entered into force on 26 December 2008, and must be implemented into Member States’ law by the end of 2010.

Article: QASA roadshows

The BSB engaged with barristers across England and Wales in November, specifically to discuss the Quality Assurance Scheme for Advocates (‘QASA’ or ‘the Scheme’).

Article: Rallying call to Criminal Bar

criminalCriminal barristers face “tough times” ahead, the new chair of the Criminal Bar Association (CBA) has said. Max Hill QC, of 18 Red Lion Court, said his mission would be to “to raise our chins from the floor”.

Article: RECENTLY ADOPTED CRIMINAL LAW FRAMEWORK DECISIONS

Newly-adopted criminal law measures, and a little more detail on others previously reported (to access the texts, go to http://eur-lex.europa.eu/JOIndex.do?ihmlang=en and enter the OJ reference in the search engine): Council Framework Decision...

Article: Safety and Security at Court

Security incidents at court do happen and can be a source of great concern to counsel. In recent months, the issue of court security has been brought to the attention of the Legal Services Committee and it has been seeking to establish the extent of...

Article: Sara Payne’s recommendations

The Ministry of Justice has published the report of Victim’s Champion Sara Payne into criminal justice. The recommendations includecalls for judges to explain the exact period a convicted offender is likely to spend in custody. A spokesperson for the...

Article: Sentencing Council

The new Sentencing Council, which came into being in April 2010, was set up as a result of concern about the size of the prison population, Lord Justice Leveson has said in a speech to the Criminal Bar Association annual conference in May. Leveson LJ,...

Article: Sentencing Council

criminalNew proposals have been announced regarding sentencing for multiple offences and mode of trial decisions.

Article: Sentencing Council consultation

The Sentencing Council has launched a public consultation, proposing changes to the guidelines for assault offences.

Article: SETTLEMENT OF CONFLICTS OF EXERCISE OF JURISDICTION IN CRIMINAL PROCEEDINGS

By the time of reading, the Council should have adopted a new Framework Decision aimed at resolving jurisdictional conflicts in criminal cases, through the establishment of a procedure for contact between the competent authorities, and rules on their...

Article: Stern Review receives praise

Baroness Stern’s independent review into the way in which rape complaints are handled is “a well-researched and important piece of work”, Lord Justice Thomas, deputy head of Criminal Justice, has said. “We hope it will lead to the public being better...

Article: UK IMPLEMENTS THE EU LAW ON MUTUAL RECOGNITION OF FINANCIAL PENALTIES

The UK has implemented the 2005 Framework Decision on mutual recognition of (court-ordered) financial penalties no longer subject to appeal. The implementing measures were included in the Criminal Justice and Immigration Act...

Article: Union of International Lawyers Conference on International Criminal Courts in Biarritz, France

The Union of International Lawyers, of the International Criminal Bar Association is organising a seminar about the defence before the international criminal courts on 11th and 12th September 2009. This seminar will deal with the questions relating to...

Article: Very high cost scheme revisions welcomed

The Legal Services Commission has toned down its plans for complex criminal cases, following sustained lobbying.

Article: VHCC deadline

The Legal Services Commission has agreed to extend the deadline for consultation responses to the consultation on criminal very high cost cases (VHCCs) to 4 March. 

Article: Volunteer champion

A Volunteering Champion is to be appointed, giving a voice in government to people who volunteer in the criminal justice system, including magistrates, special constables, prison volunteers in prisons and Victim Support advisers. Justice Minister,...