Legal Updates

Lammy Review 2017 published

September 8, 2017

The Lammy Review is an independent report into the treatment of and outcomes for Black, Asian and Minority Ethnic (BAME) in the criminal justice system. The Lammy Review highlights the current failings of the youth justice system and makes a number of important recommendations on how best to redress the disproportionate representation of BAME young people in the criminal justice system.

Court of Appeal judgment on joint enterprise and trials of vulnerable defendants

August 15, 2017

R v Grant-Murray and Henry; R v McGill, Hewitt and Hewitt [2017] EWCA 1228

Five defendants, in two joined applications to appeal, challenged their convictions for joint enterprise murder. The appeals also raised issues as to how young or vulnerable defendants are dealt with by the court. Whilst the applications to appeal were all dismissed, the court made important comments on the training of practitioners representing children and vulnerable defendants in the criminal courts.

Strasbourg court rules that 16 year old had been subjected to “degrading” treatment at police station in breach of Article 3

July 27, 2017

The European Court of Human Rights found that a child was subjected to “degrading” treatment contrary to Article 3 of the European Convention on Human Rights (ECHR) by being kept handcuffed and wearing just his underwear for at least two and a half hours and, subsequently, by being placed in a cell with adult detainees for three days.

Child held in unlawful isolation at Feltham Prison

July 4, 2017

AB v Secretary of State and Youth Justice Board [2017] EWHC 1694 (Admin)

The High Court has held that the segregation of a child for over 22 hours a day at Her Majesty’s Young Offender Institution (HMYOI) Feltham breached Article 8 of the ECHR and the Young Offender Institution Rules 2000.

HM Inspectorate of Prisons criticises overnight detention of children

June 21, 2017

HM Inspectorate of Prisons has published a report on an unannounced inspection visit to police custody suites in the West Midlands. The report identified the reason most children who had been charged and refused bail remained in custody overnight was because appropriate alternative accommodation was not provided by the local authority. Details Section 38(6) Police

Court of appeal judgment in Markham and Edwards

June 9, 2017

R v Markham & Edwards [2017] EWCA Crim 739 In June 2017, the Court of Appeal allowed the appeal against sentence and reduced the dismissed a challenge to a Crown Court decision to allow unrestricted reporting on two 15 year olds who had been found guilty of murder. Details The defendants’ appeal against sentence was

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