Criminal

The recent reforms in the area of fraud and financial crime amount to little more than re-arranging the deck chairs on the Titanic, writes Jonathan Fisher QC. More radical reform to the statutory framework is required 

The Family Bar Association (FLBA) has presented the Ministry of Justice with a dossier of case studies showing the harm that could result if funding cuts to the legal aid system go ahead. 

In 2008 the Commission issued a proposal for a directive applying criminal sanctions to reinforce the already-existing administrative and other penalties that can be applied to polluters. The European Parliament has backed the proposal.
See: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+REPORT+A6-20090080+0+DOC+PDF+V0//EN&language=EN 

Fraser Coxhill reports from this year’s competition final.  

On Saturday 28 March 2009 the normally hushed halls of the Central Criminal Court in London were taken over by more than 200 young people perfecting speeches, tactics and costumes. This was the final of the Bar National Mock Trial Competition run by the Citizenship Foundation in partnership with the Bar Council, Faculty of Advocates, the Bar Council of Northern Ireland, the Inns of Court and the Circuits. The annual competition attracts 160 schools and 2,000 young people from all over the UK. It provides 15–18-year-olds from state secondary schools and further education colleges with an opportunity to experience the profession and helps to demystify the criminal justice system by allowing participants to play the roles of advocates, witnesses, jurors and court staff. 

Newly-adopted criminal law measures, and a little more detail on others previously reported (to access the texts, go to http://eur-lex.europa.eu/JOIndex.do?ihmlang=en and enter the OJ reference in the search engine): 

• Council Framework Decision 2008/841/JHA (OJ L300 of 11/11/2008) on the fight against organized crime sets out a
  common definition of organized crime, and requires Member States to punish it.  
• Council Framework Decision 2008/913/JHA (OJ L 328 of 6/12/08) on racism and xenophobia, which renders criminal, public acts designed to incite violence or hatred, or trivializing genocide and similar atrocities.  
• Council Framework Decision 2008/919/JHA (OJ L330 of 09/12/08) amending FD Decision 2002/475/JHA on combating terrorism, so as to include 3 new offences: 

• public provocation to commit a terrorist offence; 
• recruitment for terrorism; and 
• training for terrorism.  

• Council Framework Decision 2008/977/JHA (OJ L 350 of 30/12/08 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters 
it lays down rules on the exchange of personal data; sets minimum common standards on the confidentiality and security of the processing; on liability, and on the obligation to lay down penalties for unlawful use.

Council Framework Decision 2008/978JHA (OJ L 350 of30/12/08), creating the European Evidence Warrant for the purpose of obtaining existing objects, documents and data for use in proceedings in criminal matters from another Member State within a short time frame.

Council Framework Decision 2008/909/JHA (OJ L 327 of 05/12/08) on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the EU.

Council Framework Decision 2008/947/JHA (OJ L 337 of 16/12/08) on the application of the principle of mutual recognition to judgments and probation decisions; provides for the supervision of such alternative sanctions, in cases where e.g. offenders do not live in the State of conviction.

A Volunteering Champion is to be appointed, giving a voice in government to people who volunteer in the criminal justice system, including magistrates, special constables, prison volunteers in prisons and Victim Support advisers. Justice Minister, Shahid Malik, said: “All too often they don’t get the recognition that they deserve.”

Directive 2008/99/EC, whereby criminal sanctions can be applied for breach of environmental measures (Official Journal L 328 of 06/12/08 ), entered into force on 26 December 2008, and must be implemented into Member States’ law by the end of 2010. 

SPEAKING in Vienna, where he is attending the European Bar Presidents Conference, the Chairman of the Bar, Desmond Browne QC, warned of the dangers of the ever increasing quantity of advocacy work being handled in-house by the Crown Prosecution Service. In drawing a distinction between the English adversarial and the continental inquisitorial systems of justice, he pointed out that in England there was nothing which corresponded to the District Attorney or the juge d’instruction. 

Desmond Browne QC said: 

“Until recently, it was rare in England to find the conduct of a prosecution in the hands of barristers dedicated to that type of work. Until now barristers have prosecuted one week, and defended the next. This dual role has ensured the admired independence of the English Bar with its dedication to the cabrank rule. 

THE Bar Council and the Criminal Bar Association have voiced their concerns over the Coroners and Justice Bill, which receives its Second Reading in the House of Commons. A briefing sent to parliamentarians set out concerns in a number of key areas including: 

• Homicide and suicide  
• Coroners  
• The Sentencing Council  
• Special measures 
•  Anonymity 

While the Bar Council and the Criminal Bar Association welcome changes to the law in these areas, they remain concerned that the Bill has failed to address a number of issues which could have profound unintended consequences. 

The Legal Services Commission has agreed to extend the deadline for consultation responses to the consultation on criminal very high cost cases (VHCCs) to 4 March.