Tag: Crown Court
Justice Select Committee report on disclosure in criminal cases
The Justice Select Committee has released a report on disclosure of evidence in criminal cases. Disclosure of unused material in criminal cases is essential to a defendant receiving a fair trial. The urgency to revisit disclosure processes became apparent after a notorious failure in a number of cases between December 2017 and spring 2018. The report examines the failures in disclosure, the role of the Crown Prosecution Service (CPS) and the police, and provides a set of recommendations to ensure a more effective disclosure process.
Judicial protocol: expedition involving witnesses aged under 10
The National Police Chiefs’ Council (NPCC), Crown Prosecution Service (CPS) and Her Majesty’s Courts & Tribunals Service (HMCTS) have signed up to follow a protocol to expedite cases involving witnesses aged under 10.
Judicial College Crown Court Compendium on Sentencing
The Judicial College has published The Crown Court Compendium (May 2016), providing guidance on directing the jury in Crown Court trials and when sentencing. It contains specific guidance on the sentencing of children.
Equal Treatment Bench Book 2018: new edition launched
Equal Treatment Bench Book, Judicial College, February 2018 The Equal Treatment Bench Book has been updated and expanded by the Judicial College who state that ‘true equal treatment may not always mean treating everyone in the same way’. Chapter 2 relates to children, young people and vulnerable adults. Details Practitioners representing children in the criminal […]
Court of Appeal judgment on joint enterprise and trials of vulnerable defendants
R v Grant-Murray and Henry; R v McGill, Hewitt and Hewitt  EWCA 1228 Five defendants, in two joined applications to appeal, challenged their convictions for joint enterprise murder. The appeals also raised issues as to how young or vulnerable defendants are dealt with by the court. Whilst the applications to appeal were all dismissed, the court made important comments on the training of practitioners representing children and vulnerable defendants in the criminal courts.
A case on Referral Orders in the Crown Court
Regina v Reyon Menelek Dillon  EWCA Crim 2642 The Court of Appeal judgment supports remittal to the youth court for sentence when adult co-defendants cause delay and, additionally, when the compulsory referral order conditions are met. Details The appellant was 16 years old when he allowed his bank account to be used to hold […]
CBA call for evidence: failure to appoint intermediaries
The Criminal Bar Association (CBA) has expressed concern about the amendments to the Criminal Practice Direction in relation to intermediaries. It has requested practitioners to share their experience of defendants who have been badly disadvantaged by the Court’s failure to appoint an intermediary.
Joint enterprise study: righting a wrong turn
The Prison Reform Trust and Institute for Criminal Policy Research (ICPR) have published their study into Joint Enterprise. The report says there is an ‘urgent need’ for much greater clarity and transparency in the prosecution of ‘joint enterprise’ cases.
YJB outlines its position on children appearing in court via video link
The Youth Justice Board has published a statement outlining its position on children appearing in court via video link.
Anonymity granted for child defendants in Angela Wrightson murder trial
On 7th April 2016, Mr Justice Globe of Leeds Crown Court passed sentences on two girls, F and D, convicted of the murder of Angela Wrightson. In his decision, Justice Globe also had to consider whether to grant anonymity to F and D following an application by the media to lift reporting restrictions preventing identification of the girls.
Amended Criminal Practice Directions – changes relating to intermediaries
The amended Criminal Practice Directions 2015 (in force on 4 April 2016) contains a revised practice direction on the appointment and use of intermediaries during criminal trials. The new practice direction has attracted criticism because it suggests intermediaries for defendants will be 'rare'.