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05 August 2020 / Dr Jon Robins
Issue: 7898 / Categories: Opinion , Profession , Criminal
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At breaking point?

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The relationship between the CCRC & MoJ has recently been described as ‘dysfunctional’. Jon Robins delves into the deeper issues

‘Dysfunctional’ was the word used by the High Court last month to describe the relationship between the miscarriage of justice watchdog and its sponsor department the Ministry of Justice (MoJ). This might not qualify as a revelation to long-time watchers of the chronically underfunded Criminal Cases Review Commission (CCRC); but the reasons for Lord Justice Fulford and Mrs Justice Whipple’s concern need to be understood.

The case in question concerned a prisoner called Gary Warner, sentenced to 16 years for his role in an armed robbery, and whose application had been turned down by the CCRC. He was represented by barrister Matt Stanbury of Garden Court North and solicitor Dean Kingham of Swain & Co, who last month won the Legal Aid Lawyer of the Year award in recognition of his ‘gritty, difficult and rarely popular’ work.

Gary Warner’s lawyers argued that the Birmingham-based group was not sufficiently free from government

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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