With a staggering backlog of 75,000 cases, this episode explores findings of the recently published Leveson Report - an Independent Review of the Criminal Courts.

From the necessity of increased funding to the implications of reclassifying offences, this episode is a comprehensive analysis that will leave you more informed about the pressing need for change.

Hear about the intricacies of the Police, Crime, Sentencing, and Courts Act, and the pros and cons of a new cautioning regime aimed at easing court burdens. Explore how realigning legal structures with youth diversion tactics could foster restorative justice, the potential for legislative amendments, such as altering summary offenses and the impact on hard-pressed legal aid firms, highlighting the need for systemic reform.

Drawing on international comparisons with the Netherlands, hear about the UK societal tendency towards incarceration against more supportive measures. With ideas around structural reforms aimed at optimising courtroom efficiency - from innovative uses of magistrates' courtrooms to revisiting appeal rights - all to ensure a fairer, more effective justice system, this episode challenges the status quo and spotlights the potential future of criminal justice reform.

For more information or to book a place on a forthcoming course please visit legal-eagle-training.com.

Could the notion of a "digital strip search" in sexual offence cases be more myth than reality? In this episode, we tackle the intricacies of digital disclosure, focusing on how unused material can tip the scales of justice. With technology, social media, and AI revolutionising the legal landscape, we dissect the nuances of the Criminal Procedure and Investigations Act 1996 and its impact on both prosecution and defence strategies. From the misunderstood dynamics of rape cases to the role of digital evidence, we unpack the layers of complexity surrounding these sensitive topics.

A deep dive into cases like McPartland and Grant unveils the challenges of accessing potential digital evidence and the shadow of heightened judicial scrutiny. We explore the principles set by the judiciary to balance necessity and privacy, and consider how these guidelines affect the pursuit of digital evidence. We also discuss the evolving court processes, which are shifting towards an inquisitorial approach to streamline proceedings and uphold fair trial standards, even amidst complex digital investigations.

The episode also sheds light on ethical considerations and recent procedural updates that promise transparency in prosecutorial decisions. Hear about the importance of the Victim's Right of Review which has been extended and is currently being run in pilot form in the West Midlands. If successful, this has the potential to see more perpetrators brought to justice and victims feeling more involved in the outcome of a prosecution.

With practical insights into the evolving nature of criminal proceedings, we aim to provide clarity and assurance to both legal professionals and those navigating the court system. Digital disclosure is not just about the evidence, but the ethical pathways that lead to justice.

For more information or to book a place on a forthcoming course please visit legal-eagle-training.com.

Documents and references in the podcast can be found here:

R v Bater-James [2020] EWCA Crim 790

https://www.bailii.org/ew/cases/EWCA/Crim/2020/790.html

Attorney General’s Guidelines on Disclosure - 2024

https://www.gov.uk/government/publications/attorney-generals-guidelines-on-disclosure

Extraction of Information from electronic devices: code of practice

https://assets.publishing.service.gov.uk/media/634810a38fa8f53463dcb957/E02802691_Electronic_Devices_Code_of_Practice_WEB.pdf

Radio 4 - Women’s Hour – Interview with Max Hill QC – then DPP

https://www.bbc.co.uk/sounds/play/m000x1fh

Extension of Victims Right to Review

Crown Prosecution Service Website:

https://www.cps.gov.uk/west-midlands/news/survivors-rape-and-serious-sexual-assault-given-right-have-dropped-cases

In the latest episode of the podcast we highlight criminal cases over the last 12 months from the King’s Bench Division, and their implications for legal practitioners.

Our first case is a 2024 legal decision involving identification evidence in a case with a young man at a petrol station. We scrutinise the police officer's evidence, the timing of note-taking, and the absence of an identification parade, all of which underscore the procedural nuances that can influence case outcomes.

Grier v DPP [2024] EWHC 1493 (Admin)

We follow that with a critical examination of bail, spotlighting a judicial review at Croydon Crown Court. Hear about the significant changes introduced by the Criminal Justice Act 2003, including the limited avenues for defendants to appeal bail decisions. Referencing Article 5 of the European Convention on Human Rights, we share insights from a compelling case involving alleged forced marriage and assault, unraveling the intricacies of pre-recorded cross-examinations and the trial judge's reasoning in bail applications.

W, X, Y, Z v Croydon Crown Court [2024] EWHC 3373 (Admin)

We also unpack the interpretation of zombie knife legislation through the 2024 case of Thompson v CPS.

Thompson v CPS [2024] EWHC 470 (Admin)

We then turn to the issue of res gestae evidence in domestic abuse cases involving absent witnesses. The case of Barton was originally stayed as an abuse of process. Hear what the Divisional Court had to say about that decision.

DPP v Barton [2024] EWHC 1350 (Admin)

We then move to appeals to the Crown Court from the Magistrates’ Court, after a direction to convict from the Divisional Court:

Cuciurean v CPS [2024] EWHC 848 (Admin)

This episode culminates with an analysis of the challenge of removing police cautions, illustrated by Mr. Puri's story.

Puri v CC of Thames Valley Police [2024] EWHC 160 (Admin)

A Regal Review - Cases from the King’s Bench Division - will be a regular feature of the podcast as we shine a light on intricacies, essential preparation and potential pitfalls legal practitioners must navigate in today's judicial landscape.

For more information or to book a place on a forthcoming course please visit legal-eagle-training.com