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Mar 23, 2022 • 4 tweets • 1 min read
We also should be very wary of the increase in Recorder sitting days from April. Whilst this *may* increase the flow of cases through the system we must remember that at the moment there is a massive backlog which is not clearing. This *may* slowly begin to clear as sitting days
increase. Stay with me on this! Therefore for a long time to come the Crown Court will, quite rightly, prioritise those tens of thousands of stacked up cases in the backlog. This matters because those cases are already in the crown court. So what?
Mar 23, 2022 • 13 tweets • 2 min read
Let me spell it out. Sir Christopher Bellamy QC was appointed by the Government to carry out an independent review of criminal legal aid.
His central recommendation was:
"that the funding for criminal legal aid should be increased...as soon as possible to an annual level, in steady state, of at least 15% above present levels, which would in broad terms represent additional annual funding of some £135 million per annum."
Mar 15, 2022 • 10 tweets • 3 min read
1/n So, @TheCriminalBar has forced an earlier than planned announcement as to @MoJGovUK intentions following the Bellamy review. Bellamy called for a minumum of £135m p/a cash injection. Government says "up to" £135m, so the bare minimum at best.
The real danger here lies in reform of legal aid schemes. When work is not remunerated on an actual work done basis, and instead on fixed fees, standard fees, graduated fees, name them what you will, it depends on an equitable "swings and roundabouts" balancing.
Mar 14, 2022 • 6 tweets • 1 min read
The Service Police - comprising the Royal Air Force Police, Royal Military Police and Royal Navy Police - in partnership with the Service Prosecuting Authority and Military Court Service, have signed a five-year, £8 million agreement with NEC Software Solutions for their Connect
product to deliver an integrated IT system.
This move is in addition to the Armed Forces Act, which is delivering a series of improvements to the Service Justice System (SJS), ensuring personnel have a clear, fair and effective route to justice wherever they are operating.
Jan 26, 2022 • 10 tweets • 2 min read
1/n A few people asking if Boris Johnson will be arrested by the police, and if not, why not?
The police power to arrest is provided by s 24 Police and Criminal Evidence Act 1984.
The law says this:
"If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it."
However:
Dec 15, 2021 • 4 tweets • 1 min read
CLAR simply restates the problems and provides no firm solutions apart from a £135m sticking plaster. I doubt that @MoJGovUK is going to feel it has learned anything new. But, if professions get £135m it is more than on offer now, so not all bad. But around the circle we go.
But as I stated this morning, the structural problems cannot really be cured when the financial envelope is so tightly drawn. And of course, whilst it is (or may be) 15%, it will never fall evenly. It never has.
Dec 14, 2021 • 4 tweets • 1 min read
In the year ending December 2020:
There were 252,069 breath tests carried out by police, an 18% fall compared with the previous year (when comparing data for 41 forces who were able to provide full data in both years).
This fall continues the downward trend seen since the peak of 703,490 breath tests in 2009. The overall fall in breath tests in 2020 was driven by a decrease in tests during periods of national lockdown and tiers restrictions. April 2020 saw a 49% fall in the number of breath.
Nov 11, 2021 • 6 tweets • 1 min read
Early plea is also in some cases linked to human nature. There are some common areas of concern. First, the defendant who is guilty but is in denial. We see this a lot in sexual offence cases. They would sooner take a higher sentence than admit a crime of this nature. Second,
where even a low chance of acquittal is worth the gamble. When you are going away for 20 years a third off is simply not attractive enough for everyone.
Nov 11, 2021 • 9 tweets • 2 min read
I would say that one of the most significant developments in criminal procedure over my 27 years is in relation to credit for early plea. It has of course been a concept for a very long time, but it was observed more in breach. Indeed in many instances the promise of discount
Seemed to get louder as a large case threatened to turn into a trial. A concerted effort by the court of appeal and the definitive guideline along with wider use of guidelines across offences led to mush greater consistency. We then saw the grip tighten with plea being
Aug 14, 2021 • 25 tweets • 3 min read
Firearms Licensing - A quick guide
‘Firearm’ means a lethal barrelled weapon of any description from which any shot, bullet or other
missile can be discharged.
UK firearms policy is based on the fact that firearms are dangerous weapons and the State has a duty to protect the public from their misuse. Gun ownership is a privilege, not a right. Firearms control in the UK is among the toughest in the world.
May 9, 2020 • 4 tweets • 1 min read
Sir Stephen Laws, former first parliamentary counsel responsible for drafting all Government laws, has suggested that Boris Johnson suspend human rights laws to prevent legal challenges to the easing of the coronavirus lockdown rules in the “dangerous” weeks ahead. Sir Stephen
said the complexity of the new social distancing rules meant they risked becoming mired in legal actions over human rights that would undermine the fight against the virus. In such “dangerous and unusual” times, the Government could not risk the courts overturning its policy “in
May 5, 2020 • 6 tweets • 2 min read
[thread] Yesterday in parliament @AlexChalkChelt responding to pleas from the bar and crime solicitors for public support, simply replied that there was £100m in interim payments available, and some £140m in hardship payments.
That, of course, is true. But that money is not new money, nor is it real support. It actually represents an incredibly dangerous trap for barristers and solicitors. Both funds are simply a pull-forward of monies to be paid in the future.
Apr 23, 2020 • 5 tweets • 1 min read
1/n Pretty obvious that a virtual trial is not a viable way forward. It would require legislation and I doubt the Lords, even in these times, would be very obliging. I think a very small number of trials could (not necessarily should) be conducted virtually, but it would in my
view be a tiny number. We have a problem with the current court estate. If we rewind a few months pre-Covid, it was in the main a poor environment, under-funded over many decades and in many cases simply not fit for purpose.
Jan 9, 2020 • 4 tweets • 1 min read
A shortage of prosecutors and experienced police officers has left investigators "struggling to cope" with obligations to disclose key evidence to defendants in criminal trials, according to a critical report from HM Crown Prosecution Service Inspectorate. It says that despite
significant improvements, the CPS is still giving proper charging advice in less than half of cases. The report found that high priority areas such as homicide and terrorism were mostly dealt with by specialist units that understood the law and had sufficient resources. Meanwhile
Apr 14, 2019 • 13 tweets • 3 min read
1. So, how does a millionaire get legal aid? Let us take a closer look at this story dailymail.co.uk/news/article-6…2. Legal aid in the crown court is subject to 2 types of means test, one looks at 'income', normally wages etc, but it can be any type of income, the other looks at capital - so savings or equity in a home for example.