Crime Newsletter #6 – July 2020

July 17, 2020

In the sixth instalment of the crime newsletter:

The potential pitfalls for a Private Prosecutor
Richard Littler QC discusses the rise of private prosecutions, the many advantages in bringing forward a private prosecution and the disadvantages that exist if certain factors are ignored.

Is this the end of Encrochat for Organised Crime Groups?
Olly Jarvis comments on the use of encrypted phones, the Encrochat hack and the subsequent rise in arrests.

A multitude of errors in the approach taken to multiple hearsay
Amanda Johnson provides a discussion on the case of R v Alec John Smith [2020] EWCA Crim 777, in which the Court of Appeal considered the issue of multiple hearsay where there had been no written application, and therefore a breach of the Criminal Procedure Rules.

Interceptions, Encrochat and Foreign Jurisdictions
With the detonation of recent press coverage on Encrochat, Chloe Fordham and Harriet Lavin discuss some of the issues raised in early press releases, what could constitute an interception and the importance of disclosure with particular reference to the case of Knaggs.

A reflection on the future of parole board hearings
In this article, Alexandra Sutton considers the future of parole board hearings with reference to the Worboys and Baker cases.

Children are the future? The impact of delay upon the fairness of youth justice
Turning 18 has serious consequences for Defendants in criminal proceedings. The delays within the British criminal justice system are well known and far reaching and the global pandemic has only sought to exacerbate these problems. In this article, Eddison Flint provides a brief examination of the consequences youths face when being sentenced over the age of 18.

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