By Dr Yvette Russell, Senior Lecturer in Law and Feminist Theory (University of Bristol Law School)
Monday last week saw the announcement of a new national policy requiring criminal complainants to sign consent forms authorising detectives to access data in their mobile phones. Conveyed in a joint briefing by Metropolitan police assistant commissioner Nick Ephgrave and director of public prosecutions (DPP) Max Hill QC, the new policy is designed to ‘ensure all relevant lines of enquiry are followed’ and that any material that undermines the case for the prosecution or assists the case for the accused is detected and disclosed to the defence. While the forms are not to be used solely for sexual offence complainants the use of the forms in these cases was a major focus of Monday’s briefing. While the CPS noted that not all sexual offence complainants will be asked to divulge digital data it is likely, given that most sex crimes occur between parties who are known to each other, that a high proportion of those complaining will be asked to sign a consent form and hand over their phones and the data therein.
Following the robust objections of many rape survivors’ advocacy groups to the new policy, the CPS and police late last week invited victims’ groups to discuss their concerns about the new consent form. Over the weekend, the Association of Police and Crime Commissioners took the unusual step of publicly objecting to the introduction of the consent form, labelling it a risk to public confidence in the criminal justice system. (more…)
Of the four ‘Ps’ which frame the UK’s counterterrorist strategy – Pursue, Prepare, Protect and Prevent – the latter is by far the most controversial. It aims to stop people from becoming terrorists, or from supporting those who already are, by countering terrorist ideology and challenging those who promote it (‘counter-radicalization’), steering vulnerable individuals away from it (‘de-radicalization’), and working with sectors and institutions where these risks are considered high. Over 50,000 people and over 2,500 institutions – including schools, universities, mosques, and faith groups – engage with Prevent in over 40 priority areas and over a million people have received relevant training. De-radicalization is coordinated by Channel, an official multi-agency initiative offering non-compulsory, tailor-made support plans based on counselling and encouragement of approved activities, to those willing to receive them. On 22 January 2019 the security minister, Ben Wallace, announced that Prevent would be independently reviewed in accordance with an amendment to the Counter-Terrorism and Security Bill currently wending its way through parliament. This should be welcomed by everyone with an interest in effective, human rights-compliant counterterrorist law and policy and particularly by those, like us, who have long contested the mythology of the anti-Prevent movement. (more…)
Whatever her precise intentions, there is little doubt that the most senior prosecutor in England and Wales’s wilful refusal to acknowledge the reality of miscarriages of justice and that innocent people can be and are wrongly convicted and imprisoned only stoked the burgeoning crisis in the existing disclosure regime that governs alleged criminal investigations and prosecutions.
Variously described as ‘ill informed’, ‘complacent’ and ‘part of the current problem’, in this blog I critically evaluate the DPP’s statement in the context of her duties under the terms of the Code for Crown Prosecutors and the perennial problem of miscarriages of justice and wrongful imprisonment in England and Wales.
Moreover, in the context of a growing lack of confidence in the DPP and the disclosure regime in alleged criminal investigations and prosecutions, I will make the case that the DPP should be immediately replaced and for governmental intervention in the form of a royal commission to get to the heart of the apparent problems and devise solutions to fix a system that is clearly broken and in urgent need of repair. (more…)
The Counter-Terrorism and Security Act 2015 (CTSA) has aroused great controversy by imposing a legal duty upon schools, universities, the NHS and other institutions to ‘have due regard to the need to prevent people from being drawn into terrorism’ (the ‘Prevent duty’). However, in an article published in the current issue of the academic journal Public Law, ‘Counter-Terrorist Law in British Universities: A Review of the “Prevent” Debate’, we argue that the campaign against the Act and the duty in higher education rests largely upon myths, six of which are particularly prevalent. In this blog, we provide a summary of those myths (you can also watch a short video outlining the main arguments). (more…)
The last few weeks have seen the revelation that Harvey Weinstein, renowned Hollywood producer of such award-winning films as Gangs of New York, Pulp Fiction, and Shakespeare in Love, moonlighted as a prolific sexual predator. A significant number of women have now made public complaints of sexual harassment and assault against Weinstein, including well-known Hollywood stars Gwyneth Paltrow, Rose McGowan, and Angelina Jolie. Weinstein is also reportedly facing allegations of rape. His wife, Georgina Chapman, announced she was leaving him, the company he co-founded fired him, and police on both sides of the Atlantic have opened investigations into him.
The media discourse that greeted the revelations has been characterised by astonishment at the scale of the alleged offending, and the failure of those making allegations to have come forward sooner. In fact, there is often evidence of a long line of complaints against men who are finally revealed in mainstream media to be chronic sexual predators. In Weinstein’s case there is evidence of three decades of prior complaints by women, at least two of which were reported to police. The public disclosure of these allegations was repeatedly thwarted by the use of non-disclosure agreements, the alleged ‘killing’ of news stories on the topic, and the habitual capacity of those who knew about it to ignore it. In the case of Jimmy Savile in the UK, believed to have preyed unimpeded for 60 years on around 500 vulnerable victims as young as two years old, a 2013 HMIC report found at least seven complaints against Savile in police records since 1964. (more…)
By Prof Lois Bibbings, Professor of Law, Gender and History (University of Bristol Law School).
History matters in the context of criminal justice; it matters that our criminal justice system lives up to standards of justice and upholds due process in respect of the past. The strength of support for this view is, for example, shown in the successful campaign to pardon men executed by British Forces during the First World War (the Shot at Dawn campaign).
Miscarriages of justice cases, such as those of the Birmingham Six and Judith Ward, also illustrate the importance of righting the wrongs of the past when it comes to crime. One hundred years ago today another such injustice occurred and efforts are now being made to right this wrong.
At the Old Bailey on March 10th 1917 Alice Wheeldon, her daughter, Winnie Mason, and her son-in-law, Alf Mason, were convicted of conspiracy to murder the Liberal Prime Minister David Lloyd George along with the leader of the Labour Party Arthur Henderson and other persons unspecified. Alice was sentenced to 10 years of penal servitude, with Alf receiving 7 years and Winnie 5. Their efforts to appeal were rejected and so they were sent to prison. Alice went on hunger strike, was released early due to ill-health but died of influenza in 1919. Alf and Winnie were released unexpectedly at the end of the war. (more…)