For years – via Twitter, and now a tell-all book – an anonymous author known as the ‘Secret Barrister’ has painted a picture of a criminal justice system on its knees.
Anyone accused of sex offences automatically have their social media and phones taken. – without a request to release them. The same police law should apply to all who are accused and accuser of sex offences. Again two different rules.
Margaret FASO CEO
Police Chiefs to Replace Disclosure Consent Forms
Controversial consent forms giving police access to phones and other devices in criminal cases are to be replaced, after they were criticised by the Information Commissioner’s Office. In 2019 the National Police Chiefs Council and Crown Prosecution Service announced they were introducing standardised consent forms for allowing access to phones and other devices. However, the Centre for Women’s Justice said the forms were unlawful, discriminatory and led to excessive and intrusive disclosure requests. The centre brought a legal challenge on behalf of two women, which was put on hold pending the ICO’s investigation report on mobile phone data extraction by police forces.The ICO’s report, published last month, said the NPCC-circulated digital consent forms did not make clear what the underpinning lawful basis for an extraction was and that the forms should not be used as currently drafted. Today, the NPCC confirmed that the forms will be replaced with an interim version from 13 August. The College of Policing will produce guidance on investigative practice when mobile phone investigation is needed. Assistant chief constable Tim De Meyer, NPCC lead for disclosure, said: ‘Police and prosecutors have a duty to pursue all reasonable lines of enquiry in every investigation, and to disclose any material that undermines the case for the prosecution or assists the case for the accused. This is a fundamental principle of our criminal justice system, which ensures that trials are fair.
Read more: Law Gazette, Police chiefs to replace disclosure consent forms
Police chiefs to replace disclosure consent formsForms were criticised by the Information Commissioner’s Office and were being legally challenged.
The Committee of Ministers of the Council of Europe has adopted a Recommendation which updates the 2006 European Prison Rules. The rules, which contain the key legal standards and principles related to prison management, staff and treatment of detainees and are a global reference in this field, guide the 47 Council of Europe member states in their legislation, policies and practices.
The revision concerns the rules on the record keeping of information about inmates and the management of their files, the treatment of women prisoners, foreign nationals, as well as the use of special high security or safety measures such as the separation of prisoners from other inmates, solitary confinement, instruments of restraint, the need to ensure adequate levels in prison staff, inspection and independent monitoring.
The recommendation regulates in greater detail solitary confinement (i.e. being locked up for more than 22 hours a day without meaningful human contact). Decisions on this measure should always be used as a last resort and take into account the state of health of the prisoner. Due to the very negative effect such a measure may have on one’s physical and mental health, it should be imposed for a strictly specified period of time, which should be as short as possible.
The revised rules establish that states should set in their national legislation the maximum period for which solitary confinement may be imposed. Furthermore, inmates concerned should be visited daily by the prison director or an authorised member of the prison staff, as well as by the medical practitioner.
Read a lot more: https://is.gd/M7m1pF
Written by the late Simon War a fighter and member of FACT http://www.factuk.org
MArgaret’s talk for the mens psychology group follows the same theme FASO Utube talk on one side of FASO support Psychological impact of false accusations of sexual abuse
The ECHR Criminal justice system failing disabled people Published: 11 Jun 2020
Equality watchdog says criminal justice system is failing and leaving disabled citizens “bewildered”.
FASO have highlighted this deficiency in their report the Welsh government. Making justice work in Wales dated 4.6.20 (similar is posted to England) email@example.com para c and d are the pertinent paragraphs.
Para 2. Police – Using the term victim pre supposes this person is not guilty when only the court can decide that. It brings greater stigma to the accused especially in sex cases and exacerbates the media to make up lurid suppositions.
a. Amending the pre-bail/ under investigations to a determined date for ceasing investigations. This will then create and not exacerbate mental health issues as at present.
b. Stop advising accusers of date/time of accused’s interviews – homes are ransacked and often all goods and chattels removed, sold or locks changed. Appropriate applied consequences to police personal, if this happens.
c. Statistics are needed as to the reasons why cases have been opened, progressed and reasons for dropping the case.
d. All arrested or asked in for voluntary interviews to have, pre interview, a mental health ‘triage’ by qualified practitioner – paid for by Health service. e. Given the prison service are using the lie detector test for those coming out of prison – this should happen at the question time for both accuser and accused. Equality of arms.
In these unprecedented times, I put out an urgent request for you to email your MP/ministers with the following message, in an attempt to stop or minimise the possible dire consequences to part of the prison population. Margaret FASO 19.3.20
(See elsewhere for the FASO response to the elderly health care in prison consultation)
Dear MP /Minister
In the current COVID-19 crisis it is imperative that prisoners are not excluded from the nationwide emphasis on reducing risk for vulnerable people who have been identified as the most likely to suffer serious symptoms or die from the virus. In particular, those most vulnerable have been identified to be the over 70s and those with underlying health conditions. Accordingly, we request that appropriate Cat B/C/D elderly and vulnerable prisoners who meet these criteria are released to their families or other suitable environments where their health can be more suitably protected and/or treated.
The vast majority of vulnerable and especially elderly prisoners are of no realistic danger to society yet their continued incarceration during the current pandemic, often in overcrowded conditions which could cause rapid transmission of the virus, is extremely dangerous for their health and those around them such as prison staff.
Please raise this matter urgently with the relevant Ministers.
1 Courts during coronavirus pandemic: Robert Buckland statement
Please see below for a selection of key paragraphs from the statement (link above):
“I recognise the impact that this will have on those witnesses and victims who will have to wait longer to see justice delivered in their cases. We will also make arrangements to extend custody time limits for defendants held on remand in these cases.”
“Crown Court trials will be able to continue despite this restriction. Those cases that have a trial date delayed will be heard at the earliest available opportunity.”
“Our Crown and Magistrates courts provide a vital public service and until instructed otherwise, we expect all lawyers, magistrates, jurors, witnesses, defendants and court staff to continue to attend court as required, so the interests of justice can be served.”
17 March 2020 |News|COVID-19
Please see below for a selection of key paragraphs from the statement (link above):
“Given the rapidly evolving situation, there is an urgent need to increase the use of telephone and video technology immediately to hold remote hearings where possible. Emergency legislation is being drafted which is likely to contain clauses that expand the powers in criminal courts to use technology in a wider range of hearings. The Civil Procedure Rules and Family Procedure Rules provide for considerable flexibility.”
“Our immediate aim is to maintain a service to the public, ensure as many hearings in all jurisdictions can proceed and continue to deal with all urgent matters.”
3. A paragraph from the statement by Minster of State Lucy Frazer QC MP regarding prison preparedness for the current pandemic (link above):
“We understand that prisoners and their loved ones might be concerned about the situation. But we can assure them that we will continue to operate normal regimes, with the minimum disruption, for as long as we can. This will include visits to prisoners but, in line with Public Health advice for the general public, we urge any friend or family member not to come to a prison for visit if they have any symptoms associated with COVID-19 – a fever or new, persistent cough. We are also looking into ways to keep prisoners in close contact with their families in all eventualities, and will share further information as and when necessary.”
Coronavirus (COVID-19) and prisons
The above link contains information under the following headings:
- Coronavirus in prisons: confirmed cases
- Prisons and coronavirus: the latest situation
- Visiting prisons during the coronavirus outbreak
- Other ways to get in touch with prisoners during the coronavirus outbreak
- How we will update you about the impact of coronavirus on prisons
- If you have urgent concerns about someone in prison during the coronavirus outbreak
Please see below for a key paragraph:
“We understand that visitors and prisoners may have particular concerns about visits during this period. If you are planning a visit, it is essential that you read this guidance and stay at home if it applies to you. https://www.nhs.uk/conditions/coronavirus-covid-19/ “
NEW EMERGENCY BILL FOR THE COUNTRY
4. Coroner virus bill – Temporary legislation above
Victims of serious crime now wait almost a year-and-a-half for the suspects to go on trial while judges sit “idle” after the government cut their sitting days – despite Guardian analysis finding almost half of all crown courtrooms in England and Wales are empty each day. Government statistics show that the average crown court case takes 525 days to go from offence to completion, up 34% from 392 days in 2010. The delay begins with the police, who have had their numbers cut by 20,600 since 2010. Ministry of Justice (MoJ) statistics show that overwhelmed forces now take an average of 331 days from the date of the offence to charge someone with a crime that will see them tried at a crown court, up from 205 days in 2010.
The suspects then wait longer for their cases to be tried in court because the government has been reducing the number of sitting days for crown court judges as part of cost-cutting measures at the MoJ. Allocations fell from 97,400 in 2018-19 to 82,300 in 2019-20, according to the senior presiding judge, Lady Justice Macur. Judges are still paid the same annual salary but find themselves idle behind the scenes, unable to hear the mountain of cases piling up. The Guardian analysed the listings for all crown courts in England and Wales on one day in December and found that of the 729 available courtrooms showing on the government’s Xhibit system, which relays hearing information, 350 were not sitting.
Read more: Guardian, https://is.gd/h9BCOh
The changes ensure that complaints can be dealt with quickly, effectively and proportionately. On Friday 10 January the Home Office is introducing legislation that will shake up how complaints made against the police are handled and improve the discipline system for officers. The changes, which will come into effect on 1 February, ensure that complaints can be dealt with quickly, effectively and proportionately, not just for the benefit of the public but also for the police. As well as simplifying the complaints system, the changes mean Police and Crime Commissioners will have a greater role to increase independence and improve complaints handling.
Read more: Home Office, https://is.gd/PdAXQ0
A police constable who falsely accused a council street cleaner of sexually assaulting a child after an argument about cleaning up his garden hedges has been jailed for three years. PC Hitesh Lakhani, 42, called the police stating he had witnessed a man beckon a child of around five years old into some bushes while her mother walked ahead on a residential street in Uxbridge on 5 September, 2018. He claimed to have seen the man pull his shorts down and place the little girl’s hand on him, before her mother noticed she was missing and called out to her, allowing her to escape. Lakhani said he confronted the offender and took a photograph of him. He presented the photo to police when they arrived to take a statement from him. The image was circulated across Hillingdon police’s social media feeds in order to identify the culprit of the alleged assault. It called on the public to contact Crimestoppers if they recognised the man. Upon further investigation by the police, CCTV evidence from a neighbouring house proved the sexual assault could not have happened.
Read more: CPC, https://is.gd/4Cvaf5