JULY 2010
Timothy Mousley QC is now leading Carolyn Branford-Wood (Bournemouth CPS) in Winchester Crown Court, prosecuting in R v Susan Toop. The Defendant is charged with the murder of her elderly parents. They were killed in their home in Bournemouth, with an ornamental flatiron and knives, the court heard. The killings took place in November 2008. The Defendant has admitted manslaughter on the grounds of diminished responsibility, but denies murder.
Jane Miller QC has been appointed to be a Circuit Judge. She has been assigned to the Western Circuit, based in Winchester Combined Court Centre.
Nigel Lickley QC has been elected as the next Leader of The Western Circuit. His term of office will start on 1st October 2010.
"Call for evidence" - The Family Justice Review Panel
The Family Justice Review Panel has launched a "Call for Evidence", so that anyone with an interest in the family justice system can contribute their views on how it can work better in the future. All those involved in the system including parents, children, families, professionals and representative bodies are invited to take part, regardless of expertise, and give their views on the current system.
This is part of a fundamental review of the system arising from the coalition agreement. The review is comprehensive in its scope, covering all aspects of family justice, including the use of medition and better access rights for non-resident parents and grandparents. The aim of the review is to create a better family justice system.
An online questionnaire can be found at www.justice.gov.uk/reviews/fjr-call-for-evidence.htm
JUNE 2010
Court Closures - 23/6/10. The Ministry of Justice has announced today that there are plans to close 157 Magistrates' and County courts. This amounts to nearly 40% of magistrates' courts and nearly 25% of county courts. These include Andover Magistrates', Alton Magistrates', Lyndhurst Magistrates' Court, Woking Magistrates' Court, and Poole County Court. There will be a consultation on the prosposed closures. The plans could lead to a saving of £15.3 million a year and a one-off saving on a maintenance backlog bill of £21.5 million.
Adam Feest has been appointed as a legal assessor to the General Medical Council. This is a part-time appointment and in this role he will be giving legal advice to the panel during the course of disciplinary proceedings before the GMC's Fitness To Practice Panel. These hearings will take place both in London and Manchester.
Sentencing Statistics for Oct to Dec 2009
Figures just released for this period show that the numbers of defendants sentenced for indictable offences fell by 5.8% in the Magistrates' Courts, although there was a rise of 8.4% of those sentenced in the Crown Court. (Compared to the same quarter in 2008).
The percentage of defendants sentenced to custody for indictable offences at all courts fell by 0.3 percentage points to 24.3%. The average custody sentence length (excluding life and indeterminate sentences), rose by 7% to 17.7 month, since the same quarter in 2008. This is the longest ACSL in the period since 2004, and has risen by 2.3 months since the fourth quarter of 2007.
MAY 2010
CPS V LR
Tim Mousley QC led Adrian Fleming for the Hampshire Complex Casework Unit before the Court of Appeal. A prosecution for possession of indecent child images had been stayed on terms, as an abuse of process where the CPS refused, in defiance of a court order, to disclose the images to the Defence, save in controlled circumstances that were not acceptable to the court. The Prosecution argued that there had been no abuse of the Court's processs. Issues of public policy, case management and the duty owed by the Prosecution to victims of crime arose. They appealed against the Judge's terminatory ruling.
The Court of Appeal ruled that in the absence of any proposals made by the Crown about alternative methods of ensuring the Defendant and his legal advisors were provided with a proper opportunity for a confidential and informed discussion about the images, where it was integral to a fair trial, they could find no basis for concluding that the order was inappropriate, let alone unreasonable, to such a degree that interference by the Court of Appeal was justified. The Appeal was dismissed.
The Court went on to make some general observations about the management of indecent images in cases of this nature.
This is an area which should be regulated by an appropriate protocol either nationally or locally.
http://www.balii.org/ew/cases/EWCA/Crim/2010/924.html
On Thursday 27th May we will be holding a shared CPD event with the Crown Prosecution Service. It will take place at The Portsmouth Guildhall starting at 5.30pm. This extra talk is being given to bring people up to date with a number of significant recent changes. Michael Selfe will give An Update On Criminal Procedure And Criminal Law. This talk will include
Changes to Criminal Procedure Rules from 6th April 2010
Prosecution/police interviewing of named defence witnesses.
The Bribery Act 2010
This event is only open to members of 2 King's Bench Walk and members of the Crown Prosecution Service.
1CPD point has been awarded by BSB and SRA
There will be a Bar Mess of The Western Circuit on Tuesday 18th May at The Royal Hotel, St Peter Street, Winchester. The Hon Mr Justice Silber will be the guest of circuit. 7.30pm for 8pm.
APRIL 2010
Pupils update
Section 34 of The Criminal Justice Act 2003 comes in to force on 1st May 2010. This will make it mandatory for the Defence to give notice in advance of their intention to call defence witnesses. They will have to disclose details of any witnesses to be called at trial. Disclosure will be mandatory in both the Crown Court and the Magistrates' Court. Failure to do so will lead to adverse comment being made and adverse inference being drawn.
Section 51 of The Criminal Justice Act 2003 comes in to force on 26th April 2010. This enables the court to allow witnesses (other than the Defendant) to give evidence by a live link. This extends the existing provisions, which allow for witnesses to use live link in extremely limited situations. The changes will extend live links to all witnesses in all criminal trials, in all courts. The court must be satisfied that it is in the interests of the efficient and effective administration of justice (s:51 (4)(a)), and that the necessary facilities are already available. The court must consider all the circumstances of the case section (51 (6)).
Our two pupils Berenice Mulvanny and Denise Saunders are commencing their second six months pupillage today.
MARCH 2010
Apr 12, 2010
2010 Criminal Contracts
The recent tender process for criminal contracts has led to 1 in 20 firms failing to secure the right to do work beyond July 2010. 5% of firms that applied failed. The unsuccessful applicants will now have to apply to do remainder work and "wind down" their criminal departments. A further 244 firms applying to join duty schemes were turned down.
FEBRUARY 2010
The Southampton party will take place of Friday 19th March at Pulcinella's 5.30 - 8.00pm.
(Please note this date has been changed from the provisional date of Wednesday 10th March).
JANUARY 2010
The Portsmouth seminar took place on Wednesday 27th January and was attended by local solicitors and members of chambers. Many thanks to Adrian Fleming and Paul Dugdale for their excellent talks which covered Changes in Youth Sentencing and An Update on Criminal Law. If anybody who did not attend would like a copy of the handout which accompanied the talks please contact sholmes@2kbw.com.
We are currently looking for 2nd and 3rd six month pupils to start immediately. The successful applicants will undertake criminal and civil work. Applicants should contact the Senior Clerk James Whiffin: James@2kbw.com
DECEMBER 2009
Portsmouth Christmas Party
Chambers held a Christmas party at Chimes in Portsmouth on Friday 11th December. The party was attended by local solicitors, judges and members of the Portsmouth Court Staff. It was a very enjoyable evening.
A party will be held in Southampton in early 2010.
Details Of Portsmouth Seminar 2010
The seminar will take place on Wednesday 27th January at The Guildhall, Portsmouth. Arrival time 5.30. Paul Dugdale will talk on "Changes In Youth Sentencing" and Adrian Fleming will give "An Update on Criminal Law". 2 CPD have been applied for.
NOVEMBER 2009
Guidance on Fee Sharing and "Referral Fee" arrangements
In response to concerns expressed by the Bar the Legal Services Commission has issued guidelines to assist. They can be found at www.legalservices.gov.uk.
Portsmouth Seminar - January
A date has been set for our Portsmouth Seminar. Wednesday 27th January (evening). Full details will be supplied later.
Youth Sentencing Guidelines
With major changes coming into force on 30/11/09 in relation to Youth Sentencing, the Sentencing Guidelines Council have now issued new guidelines. These can be found at www.sentencing-guidelines.gov.uk
LSC Forms
A significant number of amendments have been made to civil and criminal LSC forms. The use of the amended forms is mandatory from 1 November 2009.
OCTOBER 2009
HH DEIRDRE McKINNEY
Chambers are sorry to announce the death of HH Deirdre Mckinney who died 9th October, 2009. Judge McKinney was called to the bar in 1951 when female barristers were quite a rarity. She joined 2 King's Bench Walk in 1968, leaving on her appointment to the Circuit Bench in 1981. She was a circuit judge dealing mainly with family work until her retirement in September 2001. She will be missed by her family and friends.
