Legal Updates

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,

Child held in unlawful isolation at Feltham Prison

July 4, 2017

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. The Court also concluded that the failure to provide education breached 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

High court finds age assessment of a child by youth court ‘unlawful’

May 5, 2017

R (on the application of M) v Hammersmith Magistrates’ Court (2017), Divisional Court, Unreported

A youth court, who had deemed the claimant to be 18 for the purposes of criminal proceedings, had not made proper enquiries into the claimant’s age as is required by section 99 Children and Young Persons Act 1933. A visual asessment was not sufficient or appropriate.

Court of Appeal finds criminal record disclosure regime unlawful

May 3, 2017

R (on the application of P and Others) v Secretary of State for the Home Department [2017] EWCA Civ 321 In a landmark Court of Appeal ruling, the Government lost its appeal to a decision of the High Court in January last year, which ruled that the criminal records disclosure scheme was disproportionate and unlawful.

This is a new website. Your feedback will help us to improve it.