Insights

June 2017 saw the publication of a joint report by the Crown Prosecution Service Inspectorate (HMCPSI) and Her Majesty’s Inspectorate of Constabulary (HMIC) following an inspection into the disclosure to the defence of unused material in volume Court cases. Its’ title ‘Making it Fair’ speaks volumes and sets the tone for the report which highlights fundamental flaws in the system which I, as a proactive defence barrister of 30 years standing, along with those who instruct me, have known for many years. 

It has been announced that a scheme which will allow people to plead guilty online will go ahead, despite criticism from access to justice campaigners. In the Ministry of Justice report ‘Transforming our Justice System’, published this month, the Government re-emphasised its message that the justice system must provide ‘better value’ and should be faster and easier to use.

A Law Commission report has found major flaws in the system for the disclosure of criminal records in England and Wales. The Home Office requested the Law Commission examine the effectiveness of what is known as "filtering". Filtering is a system by which an individual is not required to disclose their full criminal offending history if the convictions are for old and minor offences. The report came back with the conclusion that the law surrounding disclosure was confusing, and recommended a full review of the current regime.