Police, Crime, Sentencing and Courts Bill
The Police, Crime, Sentencing and Courts Bill was introduced in the House of Lords in early July and awaits a second reading. The Bill is formed of thirteen parts, including provisions to:
- introduce measures for the protection of the police;
- introduce legislation for the prevention, investigation and prosecution of crime;
- make changes to the policing of protests;
- create new offences for unauthorised encampments as well as amending existing legislation;
- introduce road traffic measures;
- replace the existing out of court disposal framework;
- amend custodial and community sentences;
- amend the youth justice system;
- legislate for secure schools and children’s homes;
- update court and tribunal procedures; and
- introduce measures for managing and rehabilitating offenders.
Protection of the police
The Bill proposes-
-a new duty for a Police Covenant report to be put before Parliament each year;
-amending the offence of assaulting an emergency worker to increase the maximum penalty to 2 years (from 12 months);
-allowing Specials to join the Police Federation; and
-amending road traffic legislation so that trained police drivers are treated differently from regular drivers for the offences of dangerous driving and driving without due care and attention.
Prevention, investigation and prosecution of crime
A new legal duty would be introduced requiring certain agencies to work together to reduce serious violence and require community safety partnerships to consider this issue when formulating and implementing strategies to combat local crime and disorder.
Offensive weapon homicide reviews would be carried out by relevant agencies when the death of an adult involves the use of an offensive weapon.
The Bill would introduce a new statutory framework for the extraction of electronic information from electronic devices. This would relate to the extraction of information for certain purposes in an investigation.
Other provisions proposed under this heading relate to pre-charge bail, sexual offences, criminal damage to memorials, overseas production orders, search warrants, functions of prisoner custody officers, and account freezing in proceeds of crime cases.
Protests
One of the most controversial chapters in the Bill is in relation to proposed changes in the way that protests are policed. This includes amending:
- the Public Order Act 1986 to increase the number of circumstances in which the police can impose conditions on protests
- the Police Reform and Social Responsibility Act 2011 to expand the controlled area around Parliament where protests are banned
- getting rid of the offence of public nuisance and replacing it with one of “intentionally or recklessly causing public nuisance”.
Unauthorised encampments
A new offence is suggested of “residing or intending to reside on land without consent in or with a vehicle”. Existing police powers would also be amended to lower the threshold at which the powers in the 1994 Act could be used and allow the police to remove unauthorised encampments.
Road Traffic measures
The Bill sets out several measures, including:
- increase the maximum penalty to life for causing death by dangerous driving, careless driving or while under the influence of drink or drugs;
- introducing a new offence of causing serious injury by careless or inconsiderate driving;
- creating a statutory basis for a charging regime for courses that are offered as an alternative to prosecution for certain road traffic offences;
- providing a statutory basis to charge for vehicle removal, storage and disposal fees where the police have removed it;
- remove the need for a physical licence to be produced when a fixed penalty notice is issued, or at court;
- strengthening the rules about surrendering a licence when disqualified.
Out of court disposals
All out of court disposals would be replaced with a choice of two, diversionary cautions or community cautions (with a provision that conditions could be attached to the cautions).
Custodial sentences
The provisions of this chapter would:
- introduce a statutory minimum to be introduced for certain specified offences;
- introduce a starting point of a whole life order for premeditated offences of child murder;
- allow judges to impose whole life orders on 18 to 20-year-olds in exceptionally serious circumstances;
- make changes to the minimum review process;
- change how minimum terms are calculated;
- require certain prisoners to serve two thirds o their sentence rather than half (specified violence and sexual offence);
- refer certain prisoners to the Parole Board for release rather than release automatically (if the prisoner is deemed a terrorist threat or a significant threat to the public);
- give the secretary of state a power to change the release test where prisoners are recalled for a fixed term; and
- change the law so that the length of driving disqualifications are extended in line with the new release points for custodial sentences.
Community sentences
The Bill would:
- create a power to allow for attendance at appointments to be required at any stage of a community sentence;
- increase the allowable number of daily curfew hours, and the total length of a curfew;
- allow probation to amend the start or end time of a curfew, or the residence of the offender without prior approval from court;
- provide for pilots of problem-solving courts to take place; and
- create a new duty for probation to consult local and regional stakeholders on the design and delivery of unpaid work.
Youth justice
Changes include:
- amending the test for a custodial remand so that it is more difficult to remand a child;
- introducing a statutory duty for courts to consider the welfare and best interests of a child when making a decision on a remand;
- changing detention and training orders to remove fixed lengths, provide that time on remand or subject to certain bail conditions is time served, ensure an offender benefits from the same amount of early release for all sentences served consecutively;
- changing youth rehabilitation orders to include a standalone tracking requirement, increasing curfew hours and raising the age limit for the education requirement;
- allowing pilots of a tracking requirement as a standalone order and to monitor offenders on high intensity orders; and
- abolish reparation orders.
Other changes put forward in the Bill include the introduction of serious violence reduction orders, changes to the management of sex offenders and terrorist offenders, and permitting the presence of a BSL interpreter in the jury room.
How can we help?
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
[Image credit: “Day 165 – West Midlands Police – Arresting suspected offenders” by West Midlands Police is licensed under CC BY-SA 2.0 ] Read More
MET; a cut too far?
The MET police in London announced this week that it was ‘not practical’ to investigate certain low level crimes in London due to a strain on budget and future savings that are required to be made.
According to New Scotland Yard, there would be a shift towards ‘empowering our officers’ to assess for themselves whether it was proportionate to investigate offences such as shoplifting, criminal damage and car crime. If the complainant in a case was not willing to attend court or the value of the loss/damage was relatively low there could be a decision not to even investigate.
The MET current working procedures
Currently when a complaint is made the police will investigate and make an arrest, or interview voluntarily, if they have reasonable grounds to suspect a particular person’s involvement. If a decision cannot be made about that particular case, the suspect is either bailed to return to the police station or ‘released under investigation’ (RUI). In bail cases the police will work towards making a decision by a particular date; in RUI cases the matter is left open indefinitely whilst investigative work continues.
Increasingly, often due to workload, we have found that RUI cases do not appear to be actively investigated by officers as they do not seem to be high priority. This leaves both suspects and complainants not knowing what will happen to their case. For a complainant, this could leave them feeling justice is not done; for suspects, there will be no way of knowing whether they will face charge and potential criminal proceedings.
Has the MET really thought about the negative consequences of this cut?
There are numerous concerns we have with the proposals laid out by the MET. One of which is the stage at which the decision not to investigate will be made. If made at the point of complaint the effect is likely to be that there are no arrests; this could potentially lead to an emboldening of suspects. If a person inclined towards theft knows that there is a no investigation policy for theft below £50 they are likely to more carefully plan their theft so that it falls below that particular threshold. What is likely to happen is that there is a shift towards lower value theft but in far greater volumes.
If there is no investigation, and of course no arrest, charge and sentence to follow, victims will be left out of pocket and with a feeling that justice has not been done. This could lead to shops and retailers having to tighten their own security, the cost of which is almost inevitably going to pass to the innocent consumer.
Perhaps more worrying is the possibility that retailers and individuals alike may dispense their own justice. If a low-priority theft is not investigated, will it follow that a low-level assault committed on a suspected shoplifter also not be investigated? With budget cuts likely to continue will the new policy be extended; ie the threshold extended to £100?
Policing and law enforcement must not be cut: the criminal justice system is in danger!
We have all had to deal with the years of austerity and cut-backs, but policing and law enforcement is one of the key areas that simply cannot be cut. The criminal justice system is already at breaking point with decrepit prison conditions, prosecution failings, legal aid cuts and court closures. Of course there has to be prioritisation of certain criminal offences, but it should not be at the cost of properly policing and enforcing lower level offences.
If you require representation at the police station or court contact our team on 020 7388 1658 or lawyers@jfhlaw.co.uk
Duncan Roberts, Solicitor
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