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Private prosecutions – A route to justice for the charity sector
Sophie Tang
The outbreak of COVID-19 has forced businesses all over the world to adapt to a new way of working, practically overnight. The criminal courts are no different and as an essential public service it is imperative that technology is utilised to ensure that they can continue to function in the midst of the crisis. The emergency Coronavirus Bill (‘the Bill’) is set to introduce a number of new measures to try and keep the criminal courts running in these unprecedented times.
On 19 March 2020, Crimeline published the National Police Chiefs’ Council’s strategic overview and high-level guidance for forces concerning custody function during the COVID 19 pandemic (Operation Talla). The document is essential reading and should be considered in conjunction with the most relevant provisions of the PACE Codes of Practice. The NPCC’s recognises the diverse nature of custody estates and notes that Forces should develop local policies. However, the document should provide the framework to ensure a consistency of standards.
There are countless instances of LGBT+ individuals being stigmatised and discriminated against throughout history, including in criminal law. In particular, a number of sexual acts between men have historically been criminalised. This homophobic legislation was compounded by an insidious approach to investigations, which targeted men who were believed to be gay, leading to a large number of men being criminalised, with all of the consequences that a conviction brings, for behaviour that should never have been illegal in the first place.
While the agreement between the European Union and Norway and Iceland took some 13 years to negotiate and come into force, the UK Government appears to have managed to act much more efficiently. On 10 March 2020, The Secretary of State made Statutory Instrument No. 265 of 2020 titled “The Extradition Act 2003 Amendment to Designations) Order 2020”.
At the time of this blog, according to officials, the criminal justice system continues to operate ‘as normal’. Whilst it is to be expected that non-essential trials will likely be delayed, certain components of the justice system cannot simply be deferred - crime happens no less in times of pandemic. Police custody is one such area where the wheels will need to continue to turn regardless of COVID-19.
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