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A "strange" Failure to Surrender

Thu, 13 May 2008 17:20:30 GMT

D does not turn up for trial at 10.00hrs. matters are proved in his absence after enquiries as to his whereabouts come up blank, with police officers who are the subject of assaults giving evidence. A warrant is issued and timed at 11.30 am and then it transpires at 11.35am that D is actually outside. He argues that he has been outside the courtroom all that time Concedes not having approached any of the ushers but says he spoke to the volunteer help desk misunderstanding the instructions they gave him. He is bailed till tomorrow when advocate (who had withdrawn after the trial started) is around. He is bailed and the next day arrangements are made so that CCTV footage of the entrance to the court and statements of the officers who gave evidence can be served on the defence

One of the officers, in his statement, actually states that he saw D at 11.00hrs whilst he was wating to give evidence (the implication being that he had seen D but on going in to give evidence has not actually divulged this to the prosecutor, the clerk, or magistrates) and he has actually been one of the officers to effect the arrest of the defendant at 11.35am

The prosecution's position is that the defendant in respect of D's not guilty plea to the failure to surrender is (a) He came at least one hour late so a Bail Act offence is committed anyway (b) He did not surrender to the custody of the court in any case by within the vicinity of the courtroom where the trial was taking place and not reporting to the usher (c) Well.. a police witness is under no obligation to advise a defendant to attend his trial (!)

What are your views?

who's duty in Manchester 14.5.08

Thu, 13 May 2008 15:44:01 GMT

whoever it is tomorrow night, dare you to wear a Celtic top all night.

s. 36 YJCEA 1999 - JSB Guidance?

Thu, 13 May 2008 10:57:47 GMT

It has been drawn to my attention that there may be a Judicial Studies Board document setting out guidance to clerks/Magistrates Courts of what is expected when an advocate is appointed to represent a Defendant for the purpose of cross examination where an order is made under s. 36 of the Youth Justice and Criminal Evidence Act 1999.

Has anyone heard of or seen such a document?

Restraint orders

Thu, 13 May 2008 07:15:57 GMT

King v The Serious Fraud Office [2008] EWCA Crim 530 (18 March 2008)

62. We were surprised to be told that ex parte applications pursuant to POCA are normally dealt with by crown courts on paper without the attendance of the party making the application. It seems to us that in an application of this importance and complexity it ought normally to be dealt with at a hearing whether or not it is being made ex parte. The same applies to applications to vary the order. At such a hearing a full record of the hearing should be made. This would bring proceedings on such applications more in line with applications for Freezing Orders in the civil courts upon which these orders are based.

New robes for judges

Thu, 13 May 2008 06:19:34 GMT

History of court dress

Lord Chief Justice, Lord Phillips, wearing the new civil gown designed by Betty Jackson. Photograph: Tim Ireland/PA Wire

Telegraph Chief-Justice-models-new-gown-for-judges: Photograph

New Judicial Civil Robes (Photographs of robes)

Last July the Lord Chief Justice announced reforms to simplify judicial court working dress in England and Wales. The changes, which include the introduction of a new civil gown, are due to come into effect on 1 October 2008.

RonBarker39581.2826967593

Possession of firearms or ammunition

Thu, 13 May 2008 04:05:47 GMT

Possession of firearms or ammunition is a strict liability offence.

Deyemi & Anor, R v [2007] EWCA Crim 2060 (13 August 2007)

Para 13…….public policy behind the fire arms legislation was to impose rigorous control, and in the absence of express provision in the 1968 Act allowing consideration of a defendant's state of mind, there was no room for a defence of "innocent possession".

See: paragraphs 12 - 13

23………First, the words of the section themselves, "a person commits an offence if, without …. authority …. he has in his possession …." any firearm, weapon or ammunition of the type defined, makes it plain that it is an offence of strict ordinary liability. Secondly, the comparable words and structure of Section 1(1) of the 1968 Act have been held by this Court in Howells (supra) and Hussain (supra) to create an offence of strict liability.

Firearms Act 1968 Section 1(1) Subject to any exemption under this Act, it is an offence for a person—

(a) to have in his possession, or to purchase or acquire, a firearm to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate;

(b) to have in his possession, or to purchase or acquire, any ammunition to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate, or in quantities in excess of those so authorised.

Firearms (Amendment) Act 1988

Breach of community order

Thu, 13 May 2008 03:51:20 GMT

We represented the defendant in the original proceedings and had an old style rep order. She is now facing breach. Do we need to apply for a new Rep order or is it a supplemental bill under the old one? I should have mentioned these are Crown court proceedings.

And for the future, if the original order was under LGFS - would be paid at all for breach proceedings?

skintsolicitor39581.2614467593

Magistrates Courts Sentencing Guidelines

Thu, 13 May 2008 02:00:44 GMT

The Sentencing Guidelines Council has published new Magistrates Courts sentencing guidelines that are to come in to effect from 4th August 2008:

The first revised magistrates’ court sentencing guidelines in four years have today been published by the Sentencing Guidelines Council.

Copies of the guidelines are being sent to over 30,000 magistrates and District Judges in England and Wales ahead of their implementation on August 4th 2008. Their introduction is being supported by an extensive training programme developed by the Judicial Studies Board.

They have been developed following advice from the Sentencing Advisory Panel which consulted widely and commissioned research on the subject. At all stages the review work has been supported by an expert advisory group made up of practitioners, including magistrates, District Judges and justices’ clerks.

Since October 2003 when the last edition of guidelines was published there have been significant changes to the sentencing framework, including the implementation of the Criminal Justice Act 2003 and the development of guidelines by the Council.

The revised guidelines deal with a greater number of offences and provide more detailed and clear advice on a range of issues such as compensation for personal injury, loss or damage suffered by victims, sentencing for road traffic offences, and the range and availability of ancillary orders. As further guidelines are developed by the Council they will be incorporated into this comprehensive source of guidance.

Their format follows other guidelines issued by the Council and includes both starting points and ranges into which sentences should usually fall in order to enhance consistency in sentencing in magistrates’ courts.

Magistrates and District Judges are given additional guidance on the setting of fines, including dealing with offenders on low incomes and when there is insufficient reliable information about financial means.

Guidance is also included about the approach to offences committed for commercial purposes and sentencers are advised to take into account the sums taxi-touts, illegal fly tippers and other commercially motivated offenders have made from their illegal activity in calculating their fines.

To download a copy of the new Magistrates Courts Sentencing Guidelines follow this link.

Possession of Ammunition

Thu, 13 May 2008 01:22:11 GMT

Hi folks

If you are knowingly in possession of a firearm but do not know that there is ammuntion in the firearm are you guilty of possession of ammunition as well as the firearm?

All the cases seem to suggest that if you are in possession of an item which in fact turns out to be a firearm you are guilty of the offence of possession of a firearm. Even if you didnt know it was a firearm. This principle is extended to the scenario where you have possession of a bag, but dont know what is in it. If there is a gun in the bag, you are guilty of possession of a firearm.

Draconian or what?

LGFS - Ineffective trial fee payment?

Mon, 12 May 2008 19:20:06 GMT

Where my case is listed for trial and for court reasons where an earlier case running over means that my case does not start on that day, I can see that the trial advocate gets the Ineffective Trial Fee under the AGFS, but I can see nothing in the LGFS for the solicitor.

Am I missing something?

If so, can you point me to the relevant paragraph?

Thanks

Wrong info = Longer sentence

Mon, 12 May 2008 07:46:59 GMT

Hi all,

Please help with the following,

In the event that a prisoner 'suffers' (detained beyond release date) as a consequence of receiving incorrect information from an agency meant to be representing his/her interests, what grounds would the prisoner have to seek redress and what action (if any) ought the agency be subjected to.

Also does anyone know whether the Ministry of Justice has a duty of care in this regard?

Regards

LondonPat

Rep Order in Crown Court

Sat, 10 May 2008 18:30:25 GMT

Hi folks,

Can anyone point me towards the exact provision which enables a Crown Court judge to grant a representation order orally in court?

Criminal Justice Bill Receives Royal Asse

Sat, 10 May 2008 16:02:50 GMT

The Criminal Justice and Immigration Bill received Royal assent on 8th May 2008:

The new Act builds on ten years of reform to criminal justice to rebalance the system in favour of victims and the law-abiding majority. These steps will help to protect the public, promote and improve access to justice, and increase public confidence in the justice system.

The Act will:

introduce a new criminal of offence of incitement to hatred on the grounds of sexual orientation

clarify the law on self defence, articulating the state's responsibility to stand by those acting in good faith when using force in self defence

introduce new civil penalties for serious beaches of data protection principles

abolish the common law offences of blasphemy and blasphemous libel

reinstate the statutory ban on industrial action by prison officers

introduce a minimum tariff of two years for prisoners serving indeterminate public protection sentences

end automatic discounts for offenders given an indeterminate sentence after the initial sentencing decision has been judged unduly lenient

give powers for courts to make dangerous offenders given a discretionary life sentence serve a higher proportion of their tariff before being eligible for parole

create a presumption that trials in magistrates' courts will proceed in the event the accused fails to appear

Introduce a new offence of possession of extreme pornographic images

extend existing crack house closure powers to tackle premises at the centre of serious and persistent disorder or nuisance, regardless of tenure

create a new offence of causing a nuisance or disturbance on NHS premises

provide for non-dangerous offenders who breach the terms of their licence to be recalled to prison for a fixed 28 day period

create a Youth Rehabilitation Order - a generic community sentence for children and young offenders, this will target the causes of offending behaviour and will simplify the current sentencing framework

create the Youth Conditional Caution for young offenders

bring compensation for those wrongly convicted broadly into line with compensation for victims of crime

provide for special immigration status for terrorists and serious criminals who cannot currently be removed from the UK for legal reasons.

When the Criminal Justice and Immigration Bill 2008 is published a copy will be added to the Legislation Updater.

The London Advocate - Issue 45

Sat, 10 May 2008 14:47:49 GMT

The London Criminal Courts Solicitors Association has now published issue 45 of the London Advocate.

To download issue 45 of the London Advocate follow this link.

CLSA Meet the Commissioners Event

Fri, 09 May 2008 13:12:32 GMT

This event is being held soon in Kent, others are planned nationally over the coming months. A rare opportunity to engage at this level:

MEET THE LSC Wednesday 14th May

Chief Executive CAROLYN REGAN & Commissioner TOM JONES

2pm to 4pm (Registration from 1.30pm)

2 CPD points

The Hop Farm Country Park

Paddock Wood Tonbridge Kent TN12 6PY

(To download a copy of the flyer click here)

We have organised this important regional meeting to enable you to discuss and debate current issues with the key people at the LSC determining the future of criminal law and legal aid practice.

Does the LSC really believe BVT can work?

Do the Commissioners really understand the economic pressures on practitioners?

Is re-accreditation finally off the agenda?

FREE TO CLSA MEMBERS AND NON-MEMBERS

We respectfully request a voluntary contribution of £5 on the day to assist with the costs of running the event.

REGISTER TODAY!

Registrations for this event are on a strictly first come first served basis

Email sue@clsa.co.uk

In SUBJECT box of your email please enter: LSC 14 MAY

In MESSAGE box of your email please include: DELEGATE NAME(S) and CLSA membership number(s) [where applicable]