Archive for June 2011
Is an arrest necessary or practical?
If a person is arrested it not only deprives them of their liberty but it means they have an arrest record and all of their biometric data (fingerprints, DNA) remains on the Police National Computer for an indefinite period of time even if they are never prosecuted. This may have consequences in the future in terms of employment and travel to different jurisdictions. It is therefore important to ensure that the police exercise their power of arrest properly and in a proportionate manner.
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Ken Clarke’s plea ignored
In yet another policy U-turn, the government yesterday abandoned plans to introduce 50% sentencing discounts for early pleas of guilty and announced wide-ranging proposals for criminal justice and legal aid reforms. In recent weeks, the Tory-led coalition has seemed confused between the aims of cost-saving and punishing criminals to the fullest extent: David Cameron clearly wants to appear tough on crime, while Kenneth Clarke grapples with the need to reduce his £9bn budget by 25% during this parliament and press ahead with his ‘rehabilitation revolution’. Keeping up with the coalition’s climb-downs is becoming increasingly difficult as Cameron once again, rightly or wrongly, panders to popular reaction and leaves a cabinet colleague out in the cold.
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Punishing contempt
Joanna Fraill, the juror who used Facebook to contact Jamie Sewart, the acquitted defendant whose case she tried, was this week sentenced to 8 months’ imprisonment. The Attorney General’s decision to prosecute both women sends a clear warning to jurors that they will be punished severely if they act in contempt of court. But is the threat of prosecution the only way in which the jury system can respond to the challenges of the internet age?
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The jury system on trial
Having worked in the criminal courts on and off since the late 1980s, I recently had my first opportunity to assess the system from the perspective of the jury box when I was summoned to attend a London Crown Court to fulfil my civic duty. Was my faith in trial by jury going to be confirmed or would the experience suggest that jurors decide cases based on prejudice or what they have read on the internet?
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Time for an effective long term strategy for the SFO?
The announcement of the appointment of Simon Duckworth from July this year as a new non executive director to the Serious Fraud Office (SFO) is a welcome move at a time when the government has signally failed to provide the organisation with a clear strategy for its future. The government’s stated commitment to fighting fraud effectively is now open to serious question.
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