For the last few weeks, since the Coronavirus ‘lockdown’, all jury trials in England and Wales have been stopped. This is not at all surprising given the scale of the pandemic and the requirement for social distancing. However, with a rising backlog of cases, and the evident necessity to resume trials as soon as possible, … Continued
When people hear reference to the far-right many would think of racism rather than terrorism. Alice Cutter and Mark Jones were members of the banned far-right group National Action along with Garry Jack, Daniel Ward and Connor Scothern. The members were the subject of a counter-terrorism investigation, and when Ward was told he was being … Continued
Before a prosecution is commenced, the Crown Prosecution Service must apply two distinct tests. The first is whether there is sufficient evidence to provide a realistic prospect of conviction; If not, the case does not proceed further. If there is sufficient evidence, the second question must be answered, namely whether a prosecution is in the public … Continued
At the time of posting this, we are still in the early stages of social isolation and moderate lockdown. We are still finding ways to occupy our time through the various social media platforms and communication but that will soon lead to boredom. With extra time on their hands and confined to their homes, many … Continued
The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 imposes several restrictions. Over the last week, the police have been keen to enforce compliance, even calling out the MP Stephen Kinnock over social media for visiting his father on his birthday. Given the importance of protecting the NHS, it is likely that the police may take … Continued
On Wednesday 25th March 2020 the Coronavirus Bill completed all its parliamentary stages, and Royal Assent was signified, bringing in to force an unprecedented piece of emergency legislation. The purpose of the Coronavirus Act is to enable the Government to respond to an emergency situation and manage the effects of a covid-19 pandemic. A severe … Continued
A defendant has the right to a fair trial within a reasonable time. In exceptional cases, a delay will lead to a stay of proceedings as an abuse of process. A stay of proceedings is an extremely rare outcome, with the Court of Appeal making the following observation in R v PS [2013] EWCA Crim … Continued
Many people are having to change the way they do things in view of The Coronavirus Pandemic. Whilst face to face meetings are the ideal way to discuss your case confidentially and in confidence, many clients may not wish to or be able to travel or attend meetings at this current time. Using the technology … Continued
The use of intermediaries during criminal trials is becoming increasingly commonplace. An intermediary may be used to assist any witness, including a defendant, give evidence. The functions of an intermediary “Intermediaries are communication specialists (not supporters or expert witnesses) whose role is to facilitate communication between the witness and the court, including the advocates. Intermediaries … Continued
As the UK prepares to move into the ‘delay phase’, changes are expected to criminal justice procedure. So, what might be expected to change? Criminal Investigations In the event of any public disorder, work on low priority criminal investigations may slow or stall entirely as police resources are diverted elsewhere. Most police custody suites hold … Continued
Circumstantial evidence is widely misunderstood, and many people cannot understand how a case can be advanced without primary evidence of wrongdoing. To illustrate this, we can use two examples relating to burglary. Burglary can be committed in quite a few different ways, but the most common allegation is that a person entered a building as … Continued
The Forensic Science Regulator regulates forensic scientists in England and Wales. The Regulator ensures that the provision of forensic science evidence across the criminal justice system is subject to appropriate standards. The Regulator has recently said that there are gaps in quality that need to be resolved in order to prevent the use of unreliable … Continued
