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Legal Updates

15 April 2015

The Rivlin Report - recommending a way forward for the Criminal Justice System?

Last month His Honour Geoffrey Rivlin QC, former resident judge at Southwark Crown Court and chair of the Criminal Justice and Reform group established by the Bar Council, published a report on “Criminal Justice, Advocacy and the Bar” (The Rivlin Report). The terms of reference of this review were to consider and formulate proposals for the more efficient and effective conduct of the work of the Crown Court, with a particular focus on the representation of individuals by barristers and other advocates. The report puts forward recommendations to address current failings and weaknesses within the Criminal Justice System (CJS) and the tension that exists between the interests of justice and the current state of the public finances. 

Alexandra Bishop

13 April 2015

The offence formally known as revenge porn

With effect from 13 April 2015, sections 33-35 of the Criminal Justice and Courts Act 2015 (CJCA 2015) seek to provide an overarching answer to the problem of revenge porn.  

Sandra Paul

8 April 2015

Introduction of a ‘Criminal Courts Charge’ for convicted offenders from 13 April 2015

A recent Statutory Instrument has been introduced under the Prosecution of Offences Act 1985 in relation to new ‘Criminal Courts Charges’ is due to come into force of 13 April 2015.

These new charges are being introduced to force adult offenders to contribute directly towards the cost of running the country’s courts. ‘Courts costs’ refer to the costs of providing the judiciary and the rest of the system of courts, but does not include defence or prosecution costs.
 

3 March 2015

A timely reminder: Inadequate case preparation by the prosecution or the defence will not be tolerated

The need for thorough and careful case management has been re-iterated by the Court of Appeal (Criminal Division) in the case of R v Boardman [2015] EWCA Crim 175. 

Although the outcome of this case was that the Court of Appeal dismissed the Crown’s appeal against the ruling by HHJ Dutton, at Chester Crown Court, which effectively brought the prosecution to an end, the significance of this case is wider and applies to all criminal practitioners – not just prosecutors.

Michael Caplan KC

19 February 2015

Personal commitments: Benefits and risks of signing an attestation with the FCA

On 13 February 2015, the FCA launched a webpage providing information and data about the use of attestations.  The trend is that they are on the increase.  What are they, when should they be signed and who should sign them?

Louise Hodges

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