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01 October 2021 / Andrew Morris
Issue: 7950 / Categories: Features , Covid-19 , Criminal
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Delay & Covid: the court’s power to reduce sentence

59349
Andrew Morris considers the impact of delays on both charge & trial on sentencing
  • Delay between arrest and charge and charge and trial. Effect of delay on sentence and whether this should afford a reduction to the overall tariff.

The COVID-19 pandemic has had a dramatic effect on the business of the criminal courts, in particular the Crown Court’s capacity to carry on with its main business, which is the administration of jury trials. By their very nature, the trial process in the Crown Court involves the movement of ‘jury pools’ around the Crown Court building, and jurors sitting in close proximity to each other and deliberating in small rooms or spaces.

Those within the profession as advocates in the Crown and magistrate’s courts have been well aware of the backlogs that already existed before the pandemic. The latest figures released by the Ministry of Justice (MoJ) are in excess of 50,000 cases, much of which was already an issue due to the reduction in sitting days prior to the pandemic.

Delays in the criminal justice

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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