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12 August 2022 / David Walbank KC
Issue: 7991 / Categories: Features , Procedure & practice , Criminal
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Crime brief: 12 August 2022

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David Walbank QC examines a tragic case which underlines the polycentric decision-making process for offences involving young persons
  • Victims’ Right to Review scheme.
  • Charging decisions involving young persons.

We live in an era when decision-making throughout the criminal justice system is ever more hedged about by guidelines, protocols, codes of practice and the like. Whether it be grounds for arrest, charging decisions, legal directions to the jury, sentencing parameters or Parole Board reviews, the exercise of discretion is constrained like never before. It is against that background that the Divisional Court recently struck a blow for common sense and compassion when it comes to the laying of serious criminal charges against young persons.

In R (on the application of Joseph) v Director of Public Prosecutions [2022] EWHC 131 (Admin), [2022] All ER (D) 96 (Jan), Popplewell LJ referred to what he called the ‘polycentric’ decision-making process when considering the possible criminal prosecution of a young person, and also explained the approach to be taken where there is a

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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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