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

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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