Exchange Crime Newsletter turns one – Top 10 most read articles

April 29, 2021

The Exchange Crime Newsletter emerged during the first lockdown last year. When court hearings came to a sudden standstill, Exchange took advantage of the extra time on members’ hands and launched the Exchange Crime Newsletter. Whilst being a self-employed barrister can be viewed as a solitary profession, Exchange prides itself on its support within chambers between members. The newsletter is a pool of our expertise and experience into the form of short, accessible articles. Whilst the court hearings are now fortunately as busy as ever, the newsletter continues on as a helpful quarterly resource for members of chambers and beyond. To celebrate the newsletter turning one, here are the top ten most read articles of the past year.

  1. Changes brought in by the new Police Conduct Regulations 2020 by Richard Littler QC (Newsletter #1)

Richard Littler QC has been representing police officers for many years. Drawing on his experience in this area of law, Richard’s popular article deals with the significant changes to the Police (Conduct) Regulations 2020 and the accompanying Home Officer Guidance. The piece provides practical advice as to when the new Regulations applied, what those changes were and the impact that this may have on officers facing misconduct proceedings.

  1. Interceptions, Encrochat and Foreign Jurisdictions by Chloe Fordham and Harriet Lavin (Newsletter #6)


  2. Is this the end of Encrochat for Organised Crime Groups? by Olly Jarvis (Newsletter #6)

Coming in at second and third are two articles focused on the EncroChat saga. In early June 2020, EncroChat users received a text message saying that their data was no longer secure. The devices had been ‘hacked’ by various European law enforcement agencies. The repercussions were and continue to be huge. Oliver Jarvis, defence specialist, released one of the first articles on this topic as the news broke. His article provided initial advice during a time where there were more questions than answers. Chloe Fordham, a Grade 4 prosecutor and experienced junior, followed with an article co-written with her then-pupil, Harriet Lavin. This article tackled some of the complex legislation and case law surrounding interceptions and their admissibility as evidence. Nearly a year on, Exchange barristers remain at the forefront of challenges in the courts to the admissibility of this evidence.

  1. The potential pitfalls for a Private Prosecutor by Richard Littler QC (Newsletter #6)

In this article, Richard Littler QC considers the advantages and disadvantages of a private prosecution. It provides practical advice as to how these cases should proceed in order to be successful.

  1. Alternatives to the jury trial – a threat to our system of justice by Huw Edwards (Newsletter #5)

Huw Edwards has been specialising in criminal law for over 12 years and is a Category 3 prosecutor. Around June 2020 the extent of the crisis of the court backlog became all too clear to those in the criminal justice system. Suggestions were being made as to how to approach the daunting task of trying to reduce this backlog. This article deals with the proposed alternatives to, and the value of, trial by jury.

  1. Keeping clients out of custody during Covid-19 – Practical options available to the Defence by Harriet Lavin (Newsletter #4)

Now criminal tenant, Harriet Lavin, wrote this article to provide practical advice to criminal practitioners on how to keep clients out of custody during the pandemic. Sadly, prisons are still hotspots for the virus and the death rate in prisons has been found to be three times higher than outside. This article dealt with, in part, the End of Custody Temporary Release which sadly is no longer in operation and had very little impact. The other aspects of the article can and should still be at the forefront of practitioners minds in order to assist clients.

  1. Categorising Offences of Grievous Bodily Harm by Eddison Flint (Newsletter #3)

Eddison joined Exchange chambers in 2019 from the CPS and has since developed a strong criminal practice and is a Category 3 prosecutor. This article was a case comment on Fa XUE v Regina [2020] EWCA Crim 587, a case which dealt with the sentencing guidelines on s.18 offences and what is “serious in the context of the offence”.

  1. Account Freezing Orders (AFrOs) and Account Forfeiture Orders (AFOs) by Damian Nolan (Newsletter #7)

In this article first published in August 2020, Damian Nolan deals with Account Freezing Orders and Account Forfeiture Orders. What are they, why are they required and when will the court make these orders are just a few of the questions this extensive article tackles.

  1. A Summary of Case Law in relation to Pages of Prosecution Evidence (PPE) by Fiona Clancy (Newsletter #3)

Fiona Clancy, a well-established criminal practitioner and Grade 3 Prosecutor prepared this helpful summary on claims remuneration for Pages of Prosecution Evidence (PPE). This article takes the reader through the hurdles which one must surpass; getting the Crown or Court to agree that the material is served as use and then getting the LAA to agree. Through also covering the key case law in this area, this article serves as a helpful tool for criminal practitioners.

  1. Unlawful behaviour and conspiracy to defraud: a note on Barton and Booth v R [2020] EWCA Crim 575 by Benjamin Myers QC (Newsletter #3)

In Barton & Booth v R, (29th April 2020) the Criminal Division of the Court of Appeal gave judgment on the correct test for dishonesty as it applies to all criminal offences in English law, dismissing appeals against conviction. Benjamin Myers QC and Nicola Daley, both of Exchange Chambers appeared on behalf of the prosecution. In this article, Ben considers the landmark judgment, with a particular focus upon conspiracy to defraud.