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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
'Rape, serious child sex and grooming offences barred from sentencing changes'
The Prime Minister has ordered that rape, serious child sex and other grooming offences will be barred from upcoming changes to prison sentences, protecting the public from these dangerous criminals... The Prime Minister has insisted that offenders face tough new surveillance after leaving prison. There will be a presumption that all offenders are tagged, tougher periods of supervision and robust new rules, including restriction zones for offenders. He has also been clear that victims must be placed at the heart of the justice system, announcing a new package of victim support – backed by £10 million – to provide better, trauma-informed contact. This is alongside a new national helpline and efforts to contact all affected victims to offer information and support...
Ministers are also delaying wider releases from prison under the Sentencing Act from September to October, giving probation staff have time to plan for releases and that victims can have a say in the restrictions placed on offenders. The Sentencing Act will restore order to the prison system and make sure we have cells available for dangerous criminals. This will put an end to the use of repeated early release schemes prior to July 2024, which were emergency, temporary measures forced upon successive governments because of repeated capacity crises. The changes also introduce a new progression model which will end automatic release for badly behaved offenders. Those who break the rules or are violent behind bars face spending 100% of their sentence locked up...
'Chief constable considers joining legal action if PC’s killers are released early'
The chief constable of Thames Valley police has said he will consider joining legal action against the government if it fails to block the early release of two of PC Andrew Harper’s killers. The Police Federation is contemplating going to court in its attempts to keep Jessie Cole and Albert Bowers in prison. In August 2019, Harper, 28, died when he was dragged down a country road in Berkshire by a car as Cole, Bowers and their accomplice Henry Long fled the scene of a quad bike theft. All three were convicted of manslaughter in 2020. Cole and Bowers were sentenced to 13 years in prison and could be released early as part of the government’s drive to free up prison places...
Prison capacity in England and Wales is at critical levels. From October, the government plans to release about 5,000 prisoners who have served a third of their sentence. Harper’s widow, Lissie, successfully campaigned for a change in the law after his death. Legislation introduced four years ago – the Police, Crime, Sentencing and Courts Act 2022 – means those convicted of the manslaughter of emergency workers on duty now face mandatory life sentences. However, the law cannot be applied retrospectively...
'Met officer who shot Chris Kaba will not face misconduct case'
The Met police officer who shot Chris Kaba will not face misconduct proceedings, the Independent Office for Police Conduct (IOPC) has said. Sgt Martyn Blake shot the 24-year-old in Streatham, south London, in 2022 after Kaba tried to ram his way past police cars. Blake was cleared of murder following a trial in 2024. A decision was made in January to pause any proceedings involving Blake until a law change relating to the use of force in misconduct cases was introduced and its impact was clear, the IOPC said.
Commissioner Sir Mark Rowley said the IOPC's decision brought an end to "almost four years of uncertainty" for Blake, calling the accountability process for police officers "disgraceful". In June the use of force test in such cases changed from the civil law test to the criminal law test, meaning actions that did not amount to a crime should not amount to misconduct either...
'Government takes action to crack down on rogue funeral operators'
The government has announced urgent plans to crack down on rogue operators in the funeral sector and ensure better protection for bereaved families after the sentencing of Robert Bush today. Bush, of Legacy Independent Funeral Directors in Hull, was sentenced to 20 years in prison for a total of 67 charges, including the prevention of a lawful and decent burial, fraud, fraudulent trading and theft. DHSC will now drive forward work alongside other government departments, including the Ministry of Justice (MOJ) and the Law Commission, to crack down on rogue operators in the funeral sector and to protect bereaved families against the heartbreak of having their loved ones mistreated in death. This will include developing a range of detailed proposals to drive up standards, including regulation of the funeral sector. These will be drawn up in discussion with established operators, faith groups, families and other stakeholders.
As part of this work, the Law Commission will undertake a review of the criminal law in relation to the deceased, consider any gaps in existing legal protections and make recommendations on the creation of new offences, if they are needed...
'UK police legal database breach exposes details of more than 100,000 officers and staff'
The contact details of more than 100,000 police officers, police staff and criminal justice professionals have been exposed following a cyberattack on a legal database used by forces across England and Wales. The breach affected the Police National Legal Database (PNLD), an online legal reference service used for more than three decades by all 43 Home Office police forces in England and Wales, as well as the British Transport Police.
PNLD said it detected the intrusion on 26th July and has since confirmed that names, organisations and work email addresses of police officers, police staff, criminal justice professionals and government partners were accessed. The names and emails addresses of members of the public who submitted questions through its "Ask the Police" website have also been compromised. The agency stressed that the database does not contain confidential information about victims, witnesses or offenders, adding there was no evidence that passwords or other login credentials had been accessed. All affected organisations have been notified, while the Information Commissioner's Office (ICO) has also been informed...
'Amendment to Imposition of community and custodial sentences guideline as a result of case law'
On 19 June 2026, the Court of Appeal judgment in R v Corey Morgan [2026] EWCA Crim 886 clarified the law regarding the presumption of suspension for sentences up to 12 months under section 277A of the Sentencing Act 2020, in particular as to the effect of a finding of exceptional circumstances relating to the offence or the offender under section 277A(2). The Sentencing Council agreed at the July Council meeting that this clarification of the law ought to be reflected in the Imposition of community and custodial sentences guideline as soon as possible. This is in line with the Sentencing Council’s policy on making changes under 3: “External changes that make part of a guideline inaccurate, incomplete or misleading”. This amendment, following from the Court of Appeal judgment, has the effect that courts who have found exceptional circumstances must then impose an immediate custodial sentence without any further consideration of the table of factors indicating whether it may or may not be appropriate to suspend. Where courts find any of the other exemptions to the presumption apply then they should continue to consider the table of factors indicating whether it may or may not be appropriate to suspend...
'CCRC refers another three indeterminate sentences (IPP and DPP) to the Court of Appeal'
The Criminal Cases Review Commission (CCRC) has referred to the Court of Appeal the indeterminate sentences of three men sentenced between 2006 and 2008, none of whom were given minimum terms of more than three years but all of whom remain in custody today. These referrals are part of the Commission’s thematic, ongoing work to review IPP/DPP sentences...
Other
'Sentencing Act offence exclusions'
The Sentencing Act Progression Model applies only to offenders serving Standard Determinate Sentences. More than 18,000 offenders serving more serious sentences like Life and Extended Determinate Sentences are already not eligible for Progression. Following a review of the policy, rape, serious child sex and grooming offences have also now been excluded from the changes, as announced on 4 August 2026. The list below sets out these additional offence-based exclusions...