Judicial Review and Courts Bill ~ Criminal Courts and Coroners

Crown Court Exeter

The Judicial Review and Courts Bill was published on Wednesday 21 July 2021.  The House of Commons is in summer recess from 22 July to 6 September. A further recess will take place for party conferences - 23 September to 18 October.

This post highlights some of the features of the Bill in so far as criminal justice and Coroners are concerned.

Judicial Review and Courts Bill - GOV.UK (www.gov.uk)

Explanatory Notes

: Criminal Justice :

Judicial Review and Courts Bill ~ proposed changes to judicial review

The Judicial Review and Courts Bill was published on Wednesday 21 July 2021.  The House of Commons is in summer recess from 22 July to 6 September. A further recess will take place for party conferences - 23 September to 18 October.

Judicial Review and Courts Bill - GOV.UK (www.gov.uk)

Explanatory Notes

Overview of the Bill:

The Bill divides

Coronavirus Log ~ Part 11 ~ from 19 July 2021

This post is a continuation of the Coronavirus Log.  See Coronavirus Log Part 1 - (December 2019 to 28 April 2020) - Part 2 (29 April 2020 to 24 May 2020) - Part 3 (25 May to 21 June 2020) - Part 4 (22 June to 26 July 2020) - Part 5 (27 July to 1 November - Part 6 (2 November 2020 to 13 February 2021) - Part 7 (13 February 2021 to 11 April 2021). - Part 8 (12 April 2021 to 16 May 2021) - Part 9 (17 May 2021 to 20 June 2021) - Part 10 (21 June 2021 to 18 July 2021)

Law and Lawyers - Coronavirus Restrictions England - Changes from 19 July 2021

International comparisons may be seen via the website of the European Centre for Disease Prevention and Control. 

(Monday) 19 July 2021 -

Northern Ireland ~ important developments

This post notes two significant developments relating to criminal justice and legal process in Northern Ireland. 

Extension of non-jury trial:

An Order extending the possibility of non-jury trial in Northern Ireland to 31 July 2023 was approved. Non-jury trial is available in situations provided for in The Justice and Security (Northern Ireland) Act 2007 and the power to extend the 'effective period' is in section 9.

The Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2021 (legislation.gov.uk)

Legacy of Northern Ireland's past:

A statement was made in the House of Commons on 14 July by the Secretary of State for Northern Ireland (Brandon Lewis MP).

Coronavirus Restrictions ~ Changes from 19 July

On 14 and 15 July, with a stroke of his Ministerial pen, the Secretary of State for Health and Social Care (Mr Sajid Javid MP) "made" two important Statutory Instruments. The changes apply only to England. The law is different in Wales, Scotland, and in Northern Ireland.

The Health Protection (Coronavirus, Restrictions) (Steps etc.) (England) (Revocation and Amendment) Regulations 2021 - [SI: 2021/848] - in force 11.55 pm on 18 July 2021. 

The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) (Amendment) Regulations 2021 - [SI: 2021/851] - in force partly on 19 July 2021 but fully in force from 16 August 2021. 

For both sets of new Regulations, the government has

Overseas Development Assistance (ODA)

Has the statutory duty on Ministers to apply 0.7% of Gross National Income (GNI) to Overseas Development Aid (ODA) been superseded by a vote in the House of Commons? This may appear to be the case but this post argues that under the statutory scheme it is lawful even if, politically, a reduction in ODA is considered to be undesirable.

The statutory scheme:

The International Development (Official Development Assistance Target) Act 2015 places a duty on the Secretary of State to "ensure that the target for official development assistance ... to amount to 0.7% of gross national income ... is met by the UK in the year 2015 and each subsequent calendar year" - section 1.

The Secretary of State has to report to Parliament if the target is not met - section 2 - and to explain why the target has not been met. 

The Act plainly envisages that it may not be met if, for example, economic circumstances reduce gross national income.

Section 3 provides

Challenge to Northern Ireland Protocol dismissed by the High Court of Northern Ireland

" ... comparing Northern Ireland to a colony or the Vichy government in France under the Nazi regime during the Second World War are wide of the mark and unhelpful" - Mr Justice Colton.

The Brexit negotiations were a long and tortuous road but resulted in the UK leaving the EU on 31 January 2020. A transition period followed up to 31 December 2020. The UK left under the terms of a Withdrawal Agreement (WA) dated 17 October 2019.  

Article 182 of the WA provides that an integral part of the Agreement is the Ireland / Northern Ireland Protocol. (NIP). 

In March 2021, an application for judicial review

Probation ~ return to a unified service

Amid the fuss surrounding the resignation of the Health Secretary (Matt Hancock MP), a key reform of Probation Service has received minimal media attention.

UK Government - Bigger, better Probation Service to cut crime

With effect from 26 June 2021, a "unified" Probation Service has been created in what is a reversal of the reform introduced by Chris Grayling during his time as Secretary of State for Justice and Lord Chancellor.

A House of Commons Library Research Briefing (7 June 2021) notes -

Colin Pitchfork ~ Government requests reconsideration of Parole Board decision

Updated 13 July 2021

22 November 1983, Narborough, Leicestershire. The body of 15 year old Lynda Mann was found. She had been strangled and raped. Her body was naked from the waist down and her face bloodied. Biologists established that a semen sample taken from her body belonged to someone with Type A blood, and a particular type of enzyme secretion, a combination shared by around 10% of men. (Note 1).

31 July 1986, Dawn Ashworth (aged 15) went missing and her body was found near to the same spot where Lynda has been found. Dawn had also been strangled, raped and left naked from the waist down.

There was a suspect - a 17 year old hospital porter called Richard Buckland. He had been seen near the crime scene. When interviewed he revealed details about Dawn's murder and about her body. Those details were not available publicly at the time. Before long he confessed to the murder of Dawn but denied killing Lynda.

The Police

The Lord Chancellor role may be reformed. Again !

The Secretary of State for Justice and and Lord Chancellor - Mr Robert Buckland QC MP - has recently delivered two notable speeches -

25 March 2021 - Speech at Queen Mary University, London - Law and Politics: the nightmare and the noble dream

17 June 2021 - Speech at University College, London

For an early commentary see Law Society Gazette - Joshua Rozenberg 21 June - A constitutional 'linchpin' that came loose

At the outset, it is worth reminding ourselves that much (not all) of what Mr Buckland talked about was included in the Conservative Party's 2019 election manifesto. The government

Russian Interference ~ High court rejects application for judicial review

The High Court has refused permission for a judicial review of the government's decision not to act on the findings of the Intelligence and Security Committee (the ISC) of Parliament that Russia has interfered in UK electoral processes (including the 2016 EU referendum held 5 years ago today) - Leigh Day (Solicitors - 22 June 2021).

The ISC report - published (with redactions) in July 2020 - found credible evidence that there had been attempts to interfere with electoral processes in the UK from at least the time of the EU referendum in 2016 - (see previous post 23 July 2020). 

Despite the concerns expressed by the ISC, there has been no

Coronavirus Log ~ Part 10 ~ from 21 June 2021

This post is a continuation of the Coronavirus Log.  See Coronavirus Log Part 1 - (December 2019 to 28 April 2020) - Part 2 (29 April 2020 to 24 May 2020) - Part 3 (25 May to 21 June 2020) - Part 4 (22 June to 26 July 2020) - Part 5 (27 July to 1 November - Part 6 (2 November 2020 to 13 February 2021) - Part 7 (13 February 2021 to 11 April 2021). - Part 8 (12 April 2021 to 16 May 2021) - Part 9 (17 May 2021 to 20 June 2021) -

Law and Lawyers - Coronavirus Restrictions England - Changes from 17 May 2021

International comparisons may be seen via the website of the European Centre for Disease Prevention and Control. 

Independent Review of the Human Rights Act 1998 ~ responses

An Independent Review of the Human Rights Act 1998 was announced in December 2020 - see previous post 8 December 2020.

The government claimed that it is committed to "upholding the UK's stature on human rights" and that, after 20 years, "it is timely to undertake a review" of the operation of the Human Rights Act 1998,  

The government has also stated that it is committed to remaining a signatory to the European Convention on Human Rights. The review was set up to consider the relationship between domestic courts and the European Court of Human Rights and also the impact of the Human Rights Act on the relationship between the judiciary, the executive and the legislature.

The Review undertook a "Call for Evidence" from 13 January 2021 to 3 March 2021 and that was

Manchester Arena Inquiry - Report Volume 1 - Security Arrangements / Protect Duty consultation

Do YOU know what the Terrorism Threat Level for the UK is at the moment? It is published HERE and, at the time of writing, is SUBSTANTIAL. On 22 May 2017 - the day of the Manchester Arena attack - it was SEVERE.

In a previous post - HERE - I referred to the events of that day as an atrocity. I believe that is a fitting word.  22 innocent people were murdered and hundreds more suffered life-changing physical injuries or psychological harm. Salman Abedi intended to kill or injure as many people as he could. It was a wicked act, inspired by the distorted ideology of the so-called Islamic State.

On 17 June 2021, Sir John Saunders, the Chairman of the Manchester Arena Inquiry, published Volume 1 of his report into the deaths of the 22 victims of the bomb attack. 

The report - Volume 1: Security for the Arena - is the first of three volumes and examines the security arrangements that were in place at the Manchester Arena at the time. The report is available HERE.

In a Statement of 17 June 2021, the Chairman noted that, at the time, the threat level set by the Joint 12 Terrorism Analysis Centre was severe. A terrorist attack

Jermaine Baker Inquiry

On 12 February 2020 the Home Secretary announced an inquiry into the fatal shooting (on 11 December 2015) by the Metropolitan Police of Jermaine Baker (then aged 28).

This inquiry is being held under the Inquiries Act 2005.

In April 2019, Clement Goldstone QC was appointed as Coroner to conduct the inquest into Jermaine Baker's death. The inquest has been converted to an inquiry.

Inquiry website

The inquiry

Daniel Morgan Independent Panel Report

On 10 March 1987, Daniel Morgan's body was found in the car park of a public house in south London. By any standards it was a brutal murder - Wikipedia. Prosecutions against a number of individuals were abandoned in 2009.

The Daniel Morgan Independent Panel was established in 2013 by the Home Secretary - (at the time, Theresa May MP) - to "shine a light" on the circumstances of Daniel Morgan's murder in 1987 and the handling of the case over the period since 1987. The Independent Panel was chaired by Baroness O'Loan DBE and issued its three volume report on 15 June 2021.

A debate concerning publication

Government "Covid" contracts ~ a finding of Apparent bias

The High Court has granted a declaration that the government's decision of 5 June 2020 to award a contract to Public First gave rise to apparent bias and was therefore unlawful. The contract in question was for the provision of focus group and communications support services and was issued without public notice or competition. The government sought to rely on Regulation 32(2)(c) of the Public Contracts Regulations 2015.

The Good Law Project put forward three grounds of challenge but was successful only on Ground 3 (Apparent Bias). It was claimed that "the fair minded and informed observer would conclude that there was a real possibility of bias, having regard to the personal connections between the decision-makers and the directors of Public First."

The High Court's judgment (Mrs Justice O'Farrell - pictured) is at R (Good Law Project) v Minister for the Cabinet Office and Public First Ltd [2021] EWHC 1569 (TCC).

"Consequential matters" (including any applications for permission to appeal) have been adjourned to a further hearing.

Comment by Good Law Project

Dissolution and Calling of Parliament Bill - No.2 ~ What is in the Bill

"The bill is a missed opportunity to place the role of the Crown in relation to Parliament on a modern footing ....."

Following the State Opening of Parliament on 11 May, the government introduced a new bill to repeal the Fixed-term Parliaments Act 2011 - Dissolution and Calling of Parliament Bill - and see Explanatory notes

An earlier post summarised the background to the bill. This post looks at the bill in greater detail. 

: The Clauses in the Bill : 

Clause 1 - The Fixed-term Parliaments Act 2011 is repealed.

Dissolution and Calling of Parliament Bill - No.1 Background

Following the State Opening of Parliament on 11 May, the government introduced a new bill to repeal the Fixed-term Parliaments Act 2011 - Dissolution and Calling of Parliament Bill - and see Explanatory notes

This post summarises the not entirely straightforward background to this bill. A further post will look at the bill in more detail.

Prerogative power to prorogue Parliament:

Prorogation marks the end of a Parliamentary session. The next session begins, usually a short time later, with the Queen's Speech.

The Crown

Hillsborough ~ the Police "cover up" ~ compensation for relatives

An agreement has been reached under which South Yorkshire Police and West Midlands Police will fund compensation payments for the police "cover up" which followed the Hillsborough football stadium tragedy of 15 April 1989 - The Guardian 4 June 2021.

More information is available in this statement by Garden Court Chambers. The settled civil claims were for misfeasance in public office and relate only to damage caused by the cover-up and not the disaster itself. As the statement points out - "the cover up was deliberate, orchestrated and thoroughly dishonest" and was "maintained for nearly 30 years."

The Garden Court statement concludes