About
A free weekly collection of criminal law links - for practitioners, law students, and anyone with an interest in the criminal justice system of England and Wales.
Curated by Sam Willis, a barrister at 5 King's Bench Walk.
News
'From the NHS to new homes, Starmer’s successes and setbacks – in charts'
The PM said in May that ‘stories beat spreadsheets’, but what does the data tell us about his time in office?...
A mixed picture on crime and justice
Prisons were already close to capacity when Starmer took office, and the 2024 summer riots caused further strain on the system. The government was also still dealing with a large backlog in the courts caused by the pandemic. Labour has since overseen two large releases of prisoners: the early release scheme in September 2024, which led to a record weekly release of 2,188 prisoners; and the Sentencing Act 2026, which came into effect in April. The government is still dealing with a large backlog in the courts, however, which has grown by 10% since the election. As part of the king’s speech in May, the government announced a plan to reduce the number of jury trials by making certain crimes no longer “triable either way” by a judge or jury. Critics have argued that the changes risk undermining justice. Crime levels have fallen dramatically since the mid-1990s, levelling off since 2023. There has been progress in some types of crime. NHS figures show that the number of people admitted to hospital with stab wounds has continued to fall under Starmer. But the post-pandemic rise in less serious crimes such as phone snatching and shoplifting continued until the end of 2024, and has remained broadly unchanged over the last year...
'Crown court backlog falls by 37 cases as jury trial row intensifies'
The government today doubled down on its plan to curb jury trials despite new figures showing a small fall in the Crown court backlog. According to the quarterly figures, 80,061 cases were open at the end of March - 37 fewer than the previous quarter. The open caseload in the magistrates court increased to 370,222, a 2% increase on the previous quarter, with receipts remaining above disposals. The number of Crown court cases open for a year or more reached 22,124, an all-time high and 4,305 higher than the same time last year. The median age of open Crown court cases also increased to 196 days. Sarah Sackman MP, minister for courts and legal services, who has been leading the government’s Courts and Tribunals Bill and its plans to curb jury trials, acknowledged the positive news but said ‘at this pace, it could take nearly 300 years to clear the backlog’...
Riel Karmy-Jones KC, chair of the Criminal Bar Association said the figures showed ‘MPs have been misled by assumptions dressed up as evidence’. She added: ‘It’s high time the government ditched its ill-conceived attack on the right to trial by jury. The justification for these plans has never been there, these figures show MPs have been misled by assumptions dressed up as evidence. What today’s figures show is that, thanks to the hard work of our judges, criminal barristers, HMCTS staff, the CPS and defence solicitors, the measures we have pushed forward are and already taken in our courts are starting to turn the tide. What’s needed now is investment, not rhetoric based on assumption’...
'Crown Prosecution embarks on recruitment drive for experienced lawyers'
The Crown Prosecution Service is hoping to lure solicitors back into criminal practice by reopening a secondment route that would see successful recruits enjoy 25 days' holiday entitlement, flexible working, wellbeing support and a contributory pension scheme. ‘Go Prosecute’ was introduced last year for experienced lawyers who quit criminal law. The first cohort comprised 23 lawyers. The CPS highlighted that 32% were from an ethnic minority background, 58% were women and 32% had a disability. More than a quarter joined on a part-time basis. Experienced solicitors and barristers are being sought again to become senior Crown prosecutors on a one-year secondment, with the option to apply for a permanent role. However applicants will need to move swiftly: the recruitment window closes on Monday (29 June).
'Domestic abuse specialists embedded in 12 more 999 control rooms'
More victims and survivors of domestic abuse will be protected by specialists in 999 control rooms, as the number of forces operating the pioneering ‘Raneem’s Law’ is trebled. Six months on from the government’s Violence Against Women and Girls Strategy - Phase Two of the rollout of ‘Raneem’s Law’ will see domestic abuse specialists embedded in 12 more 999 control rooms across England and Wales. This includes police forces in Thames Valley, West Yorkshire, Essex, Merseyside and North Wales - bringing the total number of forces to 17. The measure was established in memory of Raneem Oudeh and her mother Khaola Saleem, who were murdered by Raneem’s ex-husband in August 2018 despite multiple 999 calls to police - who failed to turn up...
Placing domestic abuse specialists in 999 control rooms aims to strengthen the police response to domestic abuse from the first point of contact. The specialists oversee how calls for help are assessed and managed, often providing real-time advice to responding officers and call handlers. They also review cases and risk assessments, support staff training and ensure victims are swiftly referred to specialist services where needed...
'Specialist police units now deployed under new UK-France deal'
Illegal migrants and people smugglers looking to land on UK shores will face enhanced enforcement action as 2 new specialist units are now active on the French beaches. Announced under the landmark UK-France deal and deployed in time for the summer months, the Compagnie de Marche and a brand-new dedicated riot unit are now operational in Northern France to track down illegal migrants and prevent small boat crossings. This enhanced cooperation delivers 125 specialist officers and reservists to disperse migrant groups, pursue criminal smugglers and prevent small boat launches. Their deployment comes as international partners continue to target organised immigration crimes across Europe. This includes a recent operation in Germany that seized dozens of boats and engines that could have been used to transport more than 2,000 people to the UK illegally...
Cases
Re. Rajiv Menon KC
... The issue
The issue for the court to decide was what steps, if any, should be taken in respect of findings that a closing speech given by Rajiv Menon KC, who was leading counsel for one of the defendants, breached earlier rulings of the court, and whether those matters should give rise to contempt proceedings.
Decision
The court did not make a finding of contempt against Rajiv Menon KC, or decide to institute contempt proceedings. The court directed that the matter be referred to a Presiding Judge, who will decide whether to institute contempt proceedings against Mr Menon...
Other
'Bushell’s Case: The Most Misunderstood Authority on Jury Independence?'
Few cases are cited more frequently in discussions about juries than Bushell’s Case (1670). It is regularly invoked as authority for the proposition that juries may ignore the law, disregard the evidence, and return whatever verdict conscience dictates. In modern debates about jury nullification, Bushell’s Case is often presented as establishing a constitutional right of jurors to decide cases according to their personal sense of justice. The problem is that the case does not say that. In my view, Bushell’s Case may be one of the most misunderstood authorities in the common law...