Victim Impact Statement for Business: your opportunity to be heard

A recent High Court decision Whitehead v Westminster Magistrates’ Court [2024] EWHC 2868 (Admin) serves as a helpful reminder of the steps that one must take to establish valid grounds before a summons can be issued in a private prosecution.

Whatever its cause, a backlog of over 73,000 Crown court cases is not acceptable. Delays for complainants, defendants and witnesses all impede justice. In the third quarter of 2024, the Crown court received over 31,683 new cases and disposed of 29,502. The passage of time will not solve the problem. Change is inevitable. 

Artificial intelligence, and its use on social media, is making it continuously harder to distinguish between real and fake information online. Although fact checking is often required when considering written or spoken words, with the advent of so-called “deepfakes”, we now also need to fact check some of the images or videos we see online.

Sextortion is a form of blackmail where victims receive threats that intimate images of them will be shared or distributed unless they meet the blackmailer’s demands to pay money (or other financial demands).   Law enforcement agencies have reported an epidemic of such cases with global figures “more than doubling” in 2023.    This reported increase is reflected in the number of clients seeking our advice on how to deal with this particularly distressing form of criminality.

Mr Jonathan Fisher KC’s ongoing Independent Review of Disclosure & Fraud Offences recently published its “Preliminary Findings & Direction of Travel” report for part one of the review, which relates to the criminal disclosure regime. The report can be found here. 

On 1 April 2024, a number of new and amended sentencing guidelines came into effect, following publication of the results of a consultation by the Sentencing Council which ran during Autumn 2023.

In a landmark case, Nicholas Hawkes, from Basildon, Essex, has become the first person to be convicted and imprisoned in England and Wales for the criminal offence of cyber-flashing. This historic verdict marks a significant moment in the life of the Online Safety Act 2023 (OSA), which aims to combat digital harassment and safeguard online communities.

The police are undertaking the first reported investigation into a “virtual rape”, which is said to have taken place in the metaverse. This case brings to the forefront a number of questions around the adequacy of the UK’s current legislation surrounding sexual offences, and whether it can cater to behaviours taking place in the metaverse.

In a long-overdue announcement by the Home Office, women who were in the past unjustly convicted of same-sex consensual sexual activity will be able to apply for their convictions to be disregarded or pardoned for the first time. This is a significant step forward for queer rights in the UK.

Channel 4’s, Consent, appeared to be a show with something to say; a show that would draw attention to the complexity of sexual allegations involving school aged children as well as the emotional trauma for all caught in its wake.

The Online Safety Bill hit the headlines last week, following its third and final reading in the House of Commons on 17 January 2023. Since its early stages the Bill has provoked an ongoing debate between social media safety groups, who call for the law to do more to protect children, and civil liberties campaigners, who argue that the proposed legislation impinges on the freedom of speech. The latest proposed amendment would make senior managers criminally liable for platforms’ persistent failure to protect children online. Magda Zima considers the potentially wide-ranging impact of this amendment on both companies and senior individuals.

A damning report published by His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) has found police forces to be “overwhelmed and ineffective” in relation to digital forensics. The HMICFRS found that there were more than 25,000 devices waiting to be examined – and this is without taking into account all the devices already in the system.

This blog follows the virtual launch of the Youth Justice Legal Centre Legal Guide on children facing sexual offences. During this event, Maeve Keenan discussed Kingsley Napley's contribution to the report, including recommendations on how to appropriately handle these complex cases and protect the child's welfare.

The recent case of Geoffrey Driver V Crown Prosecution Service [2022] EWCH 2500 (KB) serves as an interesting illustration of the potential pitfalls for the CPS of disclosing information about cases that are still at the pre-charge, investigative stage.

The Police, Crime, Sentencing and Courts Act 2022 ‘the Act’ has correctly attracted much criticism since it was first introduced as a Bill to the House of Commons in the March of 2021. There are numerous and alarming issues raised for civil liberties raised by this legislation which are beyond the scope of this post (see here for further commentary). Nonetheless, there is one aspect of the Act (which received Royal Assent on 28 April 2022) that can be welcomed: the expansion of the scheme for disregarding convictions or cautions received for historical consensual same-sex sexual activity.

Celebrating its 25^th anniversary this year, Criminal Law Week is proud to have launched its bi-annual seminar series. The inaugural event took place on 24 May 2022, hosted by Kingsley Napley LLP and chaired by Matt Hardcastle. 

News broke last month that megastars Jay-Z, Meek Mill, Big Sean, Kelly Rowland and Fat Joe (among others) were supporting the introduction of a New York state law that aims to prevent the prosecution using rap lyrics in criminal trials.

Last month, the High Court handed down judgement in R (on the application of T M Eye Ltd) v Southampton Crown Court reinforcing the correct approach to applications for an award from central funds for the costs of a private prosecution. Despite clear ‘Jurisdictional error’ on the part of the Crown Court, the appellant court took the opportunity to warn private prosecutors; applications will not be approved ‘on the nod’.

Private prosecutions provide an effective way to seek justice; and particularly in circumstances when the traditional prosecuting agencies are unable or unwilling to act. Conducted appropriately they can be a useful, efficient and cost-effective tool to secure punishment of the guilty.  Conducted badly they can be an expensive mistake with far reaching consequences. 

In this blog series we draw on our experience of both bringing and defending private prosecutions to help clarify some of the common myths and misunderstandings about private prosecutions. In this blog we look at whether having an ulterior motive in starting a private prosecution can lead to problems down the line.

Private prosecutions provide an effective way to seek justice; and particularly in circumstances when the traditional prosecuting agencies are unable or unwilling to act.   Conducted appropriately they can be a useful, efficient and cost-effective tool to secure punishment of the guilty.  Conducted badly they can be an expensive mistake with far reaching consequences. 

In this blog series we draw on our experience of both bringing and defending private prosecutions to help clarify some of the common myths and misunderstandings about private prosecutions.  In this blog we look at whether the private prosecutor is entitled to recover their full investigation and legal fees at the end of the case.