header-logo header-logo

01 October 2021 / Andrew Morris
Issue: 7950 / Categories: Features , Covid-19 , Criminal
printer mail-detail

Delay & Covid: the court’s power to reduce sentence

59349
Andrew Morris considers the impact of delays on both charge & trial on sentencing
  • Delay between arrest and charge and charge and trial. Effect of delay on sentence and whether this should afford a reduction to the overall tariff.

The COVID-19 pandemic has had a dramatic effect on the business of the criminal courts, in particular the Crown Court’s capacity to carry on with its main business, which is the administration of jury trials. By their very nature, the trial process in the Crown Court involves the movement of ‘jury pools’ around the Crown Court building, and jurors sitting in close proximity to each other and deliberating in small rooms or spaces.

Those within the profession as advocates in the Crown and magistrate’s courts have been well aware of the backlogs that already existed before the pandemic. The latest figures released by the Ministry of Justice (MoJ) are in excess of 50,000 cases, much of which was already an issue due to the reduction in sitting

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll