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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
'Judges could decide which cases go to jury trial'
Judges could be given the power to decide which cases go to a jury trial under plans being considered by Andy Burnham to water down Sir Keir Starmer’s jury reforms, The Times understands. They would decide on a case-by-case basis which trials would take place before a jury and which would be before only a judge. This discretionary power would be for “either-way” offences in which a defendant can currently opt for their case to be heard in either a magistrates’ court or crown court. The proposal has been put forward to avoid defendants choosing a crown court trial in order to delay proceedings, effectively taking advantage of the growing backlog of cases that is leading some trials to be delayed for more than three years. However, it is unclear on what legal basis judges would decide where cases should be heard. There is also a risk of legal challenges from defendants denied a jury trial“...
After entering Downing Street in July, Burnham said he wanted to “look in detail” at the reforms but indicated he would water down the plans because his instinct was “not to reduce access to jury”. The government is expected to announce a final decision on the changes it plans to make when the bill returns to the Commons on October 13 for the report stage of the legislation, immediately after parliament returns following its one-month break for the party conferences...
'Police forces failing investigation basics, report says'
Many police forces in England and Wales still need to make improvements in the way they investigate crime and other "basics" of policing, according to His Majesty's Chief Inspector of Constabulary (HMIC). In her annual report, Michelle Skeer also said too many victims were not receiving the quality of service they should expect. Forces continue to struggle when it comes to gathering evidence, identifying and progressing lines of inquiry, and keeping victims updated on their cases, she added. There was progress in neighbourhood policing and in some of the work carried out by regional organised crime units that focus on offenders across multiple local police force boundaries, the report said. The report continued that the greatest strength of policing is its workforce, with the vast majority of officers showing professionalism and courage...
Out of 13 forces assessed in the current cycle, including Merseyside, Cumbria, and Devon & Cornwall, none received a good or outstanding rating for investigating crime or providing a safe and lawful custody environment. The other forces assessed were Suffolk, Staffordshire, Thames Valley, West Yorkshire, Northamptonshire, Surrey, Wiltshire, North Yorkshire, Humberside and Kent. The report says "too many forces still weren't getting the basics right or providing the public with a consistently good service in the areas that matter most to victims". Beyond weaknesses in investigations, the report highlights gaps in how forces respond to the public, including delays in handling emergency and non-emergency calls, and in response times to incidents. It also raises concerns about the safeguarding of victims, noting inconsistencies in recognising vulnerability and failure to properly deploy resources appropriately when people are reported missing...
'Problem-solving courts divert four in 10 from immediate prison sentence'
Four in 10 low-level offenders subject to supervision orders would have been locked up immediately if problem-solving courts had not been introduced for criminal behaviour, according to new Ministry of Justice data. Earlier this year the government announced a £9m boost to double the number of intensive supervision courts, which were introduced in 2023 with the aim to cut reoffending by focusing on offenders whose addictions have driven their criminal behaviour...
Six in 10 people complied with their orders. Sanctions for breaches include prison time for up to 28 days, which can be imposed three times during the course of an order. Of the 369 people who received an order, 20 were briefly locked up; sanctions were issued in total. Just over half of orders due to end by March 2026 were completed. Orders are not completed if they have been terminated early due to the offender being resentenced for a breach or new offence, if their suspended sentence order is activated or if they have moved out of the area, which can occur if they are a victim of domestic abuse. A full evaluation of the effectiveness of the intensive supervision court pilot will be completed in 2028.
'UK to have world's strongest online child safety laws as government prepares legislation on nude images'
New legislation will be prepared by the government to force tech companies to make it impossible for children to take, share or view naked pictures. The new measures would put legal requirements on technology companies to install stronger safeguards on all their devices to help stop grooming, exploitation and abuse before children are exposed to harm. The new legislation will be a world-first, putting the UK as the global leader on online safety and will mean the UK has the strongest online child safety laws in the world.
Since 8 June, the government has been negotiating with Apple and Google to land world-first commitments to make it impossible for children to send, take or view nude images on their devices. There has been progress, marking a start in our efforts to tackle online child sexual exploitation and abuse, however, they do not meet the scale of the government’s ambition. As a result, the government has today announced it will bring forward legislation to build in device-level protections for children...
The new laws will be based on the principles that:
- It must be impossible for anyone under the age of 18 to take, view or send nude images. This means images must be blocked across all device features, including the camera and third-party apps.
- Parents and carers should not have to take active steps to prevent children from consuming nude content. Nudity detection filters must be switched on by default.
- The only way for any user to take, view or send nude images should be for an adult to verify their age through a robust age-assurance process...
'Revealed: MPs jockeying to become next justice committee chief'
The runners and riders competing to become the next chair of the House of Commons justice select committee have been revealed following Andy Slaughter's move to the Attorney General's Office to become solicitor-general.
Parliament confirmed yesterday that Labour MPs Catherine Atkinson (Derby North), Mary Creagh (Coventry East), Janet Daby (Lewisham East) and Sarah Russell (Congleton) have been nominated to lead the cross-party group of MPs tasked with examining the Ministry of Justice’s policies and spending. The successful candidate will be announced next Monday afternoon...
'New law to ban depraved child-like sexual abuse dolls'
The government has backed a new law banning depraved child-like sexual abuse dolls. The Child-like Sexual Abuse Dolls (Offences) Private Members’ Bill, which progressed to committee stage today, will make it illegal to buy, sell or own these vile dolls. Anyone caught with one could face up to 5 years behind bars. Police have encountered these items while investigating child sexual abuse suspects and when monitoring registered sex offenders, but current legislation does not provide a specific offence for owning or making these dolls. By closing this crucial loophole, the bill will give police greater powers, stopping abusers and helping to prevent them from harming real children...
Other
'Guidance notes published to support new Practice Direction on Listing'
Guidance notes have been published to support the implementation of the new Practice Direction on Listing in the Criminal Courts, which comes into effect on 1 October 2026. The Practice Direction introduces the National Listing Framework. The National Listing Framework aims to support a more consistent and transparent approach to criminal listing while preserving judicial discretion and the flexibility needed to respond to the circumstances of individual cases. Its central principle is that the priority given to a case should reflect the impact that delay may have on those involved and on the fairness of proceedings. The guidance notes have been developed to help the judiciary, HMCTS staff and practitioners apply the National Listing Framework in practice. Together, the documents support a shared understanding of the principles that underpin criminal listing and the roles of those involved in delivering the fair and timely administration of justice...