Corruption in the Global Era: Causes, Sources and Forms of Manifestation (The Law of Financial Crime)

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New book publication by Lorenzo Pasculli (Editor), Nicholas Ryder (Editor)

Professor Nicholas Ryder’s new edited collection “Corruption in the Global Era” has been published with Routledge.

Corruption is a globalising phenomenon. Not only is it rapidly expanding globally but, more significantly, its causes, its means and forms of perpetration and its effects are more and more rooted in the many developments of globalisation. The Panama Papers, the FIFA scandals and the Petrobras case in Brazil are just a few examples of the rapid and alarming globalisation of corrupt practices in recent years. The lack of empirical evidence on corrupt schemes and a still imperfect dialogue between different disciplinary areas and between academic and practitioners hinder our knowledge of corruption as a global phenomenon and slow down the adoption of appropriate policy responses.

“Corruption in the Global Era” seeks to establish an interdisciplinary dialogue between theory and practice and between different disciplines and to provide a better understanding of the multifaceted aspects of corruption as a global phenomenon. The book gathers top experts across various fields of both the academic and the professional world – including criminology, economics, finance, journalism, law, legal ethics and philosophy of law – to analyze the causes and the forms of manifestation of corruption in the global context and in various sectors (sports, health care, finance, the press etc.) from the most disparate perspectives.

The theoretical frameworks elaborated by academics are here complemented by precious insider accounts on corruption in different areas, such as banking and finance and the press. The expanding links between corrupt practices and other global crimes, such as money laundering, fraud and human trafficking, are also explored. The book is an important resource to researchers, academics and students in the fields of law, criminology, sociology, economics and ethics, as well as professionals, particularly solicitors, barristers, businessmen and public servants.

Reducing the use of pre-trial detention in the Chinese criminal justice system

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By Dr Tom Smith

In February 2019, Dr Tom Smith spent a week working in China as an expert consultant for a research and training project, entitled ‘Reducing pre-trial detention through improved defence and non-custodial alternatives’. The project forms part of a broad reform programme aimed at improving pre-trial detention practice in the Chinese criminal justice system, by lower detention rates; improving defence rights for suspects; and widening the use of non-custodial alternatives (such as conditional bail). A significant part of the reform programme is the introduction of pre-trial detention hearings (known as ‘official arrest hearings’). These can be most closely compared to a defendant’s first appearance in a Magistrates’ Court in England and Wales (although with a number of distinct differences). At present, these hearings are being piloted in a number of cities across China, with the aim of increasing the participatory nature of proceedings; improving the transparency of the process;  and enhancing scrutiny of detention decision-making. The project is being co-ordinated by the Great Britain China Centre (based in London), in partnership with academics from the Centre for Criminal Justice Reform at Renmin University of China (Beijing), and the Supreme People’s Procuratorate of the People’s Republic of China (the national agency responsible for regulating criminal prosecution and investigation).

Tom Smith and Luke Meyer at Shenzhen Procuratorate training day

Tom’s primary role in this phase of the project was the design and delivery of training sessions for a variety of Chinese criminal justice professionals, including procurators (whose role is comparable to both a Magistrate and a prosecutor); defence lawyers; and police officers. The purpose of the training was to improve the professionalism of the procurators, lawyers and officers in two pilot cities (Shenzhen, in Guangdong province; and Hefei, in Anhui province). In addition, the training aimed to influence their approach to considering the protection of human rights in criminal justice proceedings by introducing perspectives on best practice in England and Wales, whilst providing a critical insight into our pre-trial detention system. The training sought to equip defence lawyers with knowledge and skills applicable to their role in pre-trial detention hearings, which is essentially an adversarial one. Tom was accompanied by criminal defence lawyer Luke Meyer, a Partner at Tuckers Solicitors in Kent. Together, they co-designed the structure of and materials for the training sessions (lasting a day in each pilot city), combining both academic and practical perspectives. The training covered topics such as the current structure of English and Welsh law on remand (i.e. court bail and pre-trial detention of defendants); insight into day-to-day practice in police stations and courts; a review of existing research on pre-trial detention in England and Wales (largely based on Tom and Professor Ed Cape’s report, ‘The Practice of Pre-trial Detention in England and Wales’); and a series of thematic sessions examining criminal legal aid, the use of video-link technology, alternatives to detention in custody, and impact on vulnerable groups of defendants.

Tom Smith and Luke Meyer at Shenzhen Procuratorate training day

Tom and Luke delivered the first training day in Shenzhen on February 22nd and 23rd, alongside sessions by leading Chinese academics and senior figures from the Supreme People’s Procuratorate. On February 25th, they observed an official arrest hearing in Hefei, via video link technology. This offered first-hand experience of the practical implementation of the reform programme, involving a real-life criminal case. The figures involved included two procurators (acting in a similar capacity to Magistrates); a defence lawyer; two police officers (acting in a similar manner to prosecutors in England and Wales); and the defendant (who appeared via video-link). After the hearing concluded, Tom and Luke were invited to ask questions of the deciding procurators in the case as well as the participating police officers. This was a rare privilege: this might be equated to the opportunity to question a bench of Magistrates and a prosecutor about their handling of a remand decision, directly after completing it – something that simply would not happen in England and Wales. This underlines how unusual and important this opportunity was, and provided a significant and unique insight into the progress of the reform programme on the ground. The second day of training was then delivered in Hefei. During both training days, and during associated networking events, Tom and Luke met with procurators, lawyers, academics, and senior local and governmental officials, and answered a variety of questions about English and Welsh law and practice. They were also invited to offer recommendations for continuing the progress of the project.

Tom Smith at Hefei Procuratorate training day

The opportunity to be involved in this highly significant reform programme was an undoubted privilege. The processes being introduced in China are novel to its criminal justice system, which does not have the same legal traditions and adversarial roots as English and Welsh criminal procedure. The energy and effort that is being directed towards the programme by the various parties involved was impressive and engaging. It is worth remembering that these were two of several pilot cities across the country, involving and effecting thousands of people. Above all, the programme has clear potential for positive impact on the lives of criminal defendants in China, emphasising the protection of human rights, increasing the scrutiny of decision-making, and working towards reduced use of detention before trial. Such goals are shared by many jurisdictions, particularly in light of the United Nations’ Sustainable Development Goals (SDGs), one of which (SDG 16) includes reduction of unnecessary pre-trial detention. This is therefore likely to be part of the long-term agenda for reform in China and beyond. The chance to contribute to this project, by sharing knowledge and understanding of pre-trial detention practice in England and Wales, was a very positive experience. It is hoped that there will be further involvement in this project, as well as a wider strengthening of ties between UWE and China.

Featured researcher: Dr Thomas Smith

Thomas is an in Law and member of the Centre for Applied Legal Research. His research areas include pre-trial detention and bail; disclosure of evidence in criminal proceedings; criminal defence lawyers; access to justice and criminal legal aid.

Email: Thomas8.Smith@uwe.ac.uk Phone: +4411732 84617

Jack Grealish and the Media Response

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By Matt Hall

Over the last week or so, football has been the focus of much negative press attention stemming from incidents of fan/player altercation. In Scotland, Glasgow Rangers captain James Tavernier was approached by a spectator in a game versus Hibernian. Shortly after in England, Aston Villa player Jack Grealish was hit from behind during a game against Birmingham City. The incident involving Jack Grealish was highly reported across the media and perpetrator, Paul Mitchell, was subsequently sentenced to 14 weeks imprisonment.

The defendant was charged with battery contrary to s 39 Criminal Justice Act 1988 and the football-specific offence of ‘pitch encroachment’ contrary to s 4 Football Offences Act 1991. As the blog by The Secret Barrister helpfully outlines, the maximum sentence for battery is 6 months, and taking in to account the guilty plea at the earliest opportunity and the then entitled one third deduction, the magistrates could have gone to 17 weeks. The maximum sentence for ‘pitch encroachment’ is a fine. Therefore, 14 weeks was certainly the top end of the scale and on the face of it, the sentence appears stern. Moreover, the defendant was also handed a 10-year Football Banning Order contrary to s 14a Football Spectators Act 1989.

On a note regarding the sentence handed down to Mitchell, many police officers took to Twitter to highlight the swift justice ( just a little over 24 hours) and the severity of the sentence when compared to those who assault police officers. For example, a defendant recently convicted of assault under the 2018 Assaults on Emergency Workers (Offences) Actwas fined £120 and ordered to pay £50 compensation to the police officer he punched (see here). It has been suggested (in the absence of Sentencing Remarks) that the severity of the sentence handed to Mitchell was driven by the need for a deterrent, a legitimate aim of sentencing. Clearly, police officers may have a point here in asking where the deterrent is for those who assault officers going about their job. It is hard to imagine that a similar attack away from a football stadium would have resulted in a 14-week custodial sentence.

Despite the severity of the sentence, it is the knee-jerk and, to quote Stuart Hall, ‘short, simplifying and brutal’ media coverage and commentary that often follows disorder related to football that has been concerning. Following the incident involving Grealish, The Guardian reported that ‘football is urged to protect players’ whilst ex-footballer and current England Women’s manager Phil Neville drew the comparison to tennis player Monica Seles who was stabbed in the back during a tennis match in Hamburg in 1993, outlining his fears that if things do not change ‘a player will end up stabbed.’ The idea of fences returning to the stands was also mentioned and ex-footballer David Cotterill went one step further and suggested that armed police were needed at football matches to assist stewards. Whilst ex and current footballers are well within their rights to worry about their safety, some of the reporting and suggestions that the media give credit to are clearly ill-thought and nonsensical. Indeed, the media has often contributed to the moral panic that ensues when incidents such as this occur at football.

Photo by Vienna Reyes from unsplash.com

Emma Poulton has argued that the ‘hysterical headlines, emotive language and graphic imagery’ that often follow football related disorder contribute to the public viewing all fans of football as ‘hooligans,’ again, a concept that lacks a universal definition and is a construct of the media whom use it to cover an array of behaviour within the football context. What follows, and is true in this instance, is then an outburst for ‘collective punishment’ and headlines such as that in The Guardian that football needs ‘to do more’ to protect players or that armed police are necessary. Indeed, when alcohol was seen as a partial cause in 1985 to the Heysel Tragedy, again, fuelled by newspaper headlines, Parliament were quick to pass legislation that criminalised alcohol possession in direct view of the pitch. In similar vein following the Grealish incident, one media outlet published the opinions of a police officer who believes that cocaine is now a cause of much disorder at football.

Regarding Grealish, some perspective is clearly needed. The individual who attacked him was acting alone. Moreover, football fans are heavily policed and regulated in terms of legislation. As noted above, ‘pitch encroachment’ is a football specific offence and The Home Office’s own statistics demonstrate that arrests for ‘pitch encroachment’ are minimal; 188 arrests in 2015-16; 204 in 2016-17 and; 191 in 2017-18. I would argue many of these arrests take place during times of goal celebrations and not spectators running on the pitch to attack players. Moreover, and taking into account the millions who attend football, this is clearly a minute percentage. This was an isolated innocent and one that does not warrant the knee-jerk responses and ‘hysterical’ headlines that have followed.

It must not be forgotten that football is not unique in attracting disorder; many other sporting and social events attract disorderly behaviour, yet very rarely, if at all, do they attract such stigmatising or emotive headlines or suggestions. A prime example of this would be disorder at horse racing (see disorder involving 40-50 people here) or the 71 people arrested at the 2017 Glastonbury Festival for various offences ranging from drug offences, ABH and possession of an offensive weapon. The point here, is that football is targeted by the media and some members of society in a manner that no other events are.

Clearly, the media and commentators play a role in how football and its fans are perceived. The moral panic that ensues football is unique, in that no other sporting or societal event attracts such condemnation; condemnation that has led to an abundance of football-specific legislation being implemented. Therefore, and despite the media soundbites, football is heavily protected. There is no need to return to fencing in front of the stands, and clearly no need for officers at football to be armed. Statements like this by the media are irresponsible and indicative of what football and its fans have had to witness since the mid twentieth century. The result is a moral panic and a tarnishing of all spectators who pay a lot of money to watch football. As commented by Chief Superintendent Owen West of West Yorkshire Police, ‘one person did an idiotic and criminal act.’ This should not be forgotten, and you cannot legislate for the actions of one mindless individual.

Photo by Tom Grimbert from unsplash.com

Read more from Matt Hall in his previous blog post Matthew Hall presents “Thatcher’s Legacy on the Narrative Surrounding Fans of Football” at the Football Collective Conference.

Interdisciplinary Research into Organized Crime

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On Wednesday 30 January at UWE Bristol, Dr Mary Alice Young convened an interdisciplinary research event on the role of technology and the intelligent machine in organized crime. The event was supported by the Centre for Applied Legal Research and the Criminal Justice Unit. There were 60 attendees in total, including a group of senior investigators from the Metropolitan Police Service, law enforcement officers from the South West Regional Organised Crime Unit, Embassy attaches, investigators from HMRC, and colleagues from UWE’s departments including, Artificial Intelligence, History, Forensics, International Relations, Geography and Criminology. 25 students also attended (representing three faculties), and made valuable contributions to the discussion and connections with potential employers.

Event outcomes

Since the event on 30 January, Dr Young has been successful with a number of publications and planning upcoming workshops.

Dr Young’s interdisciplinary article, ‘Organised Crime and Security Threats in Caribbean Small Island Developing States: A Critical Analysis of US Assumptions and Policies’, has been accepted for publication by the European Review of Organised Crime, with one reviewer stating that it ‘re-orientates a long standing misreading of the Caribbean reality’ of organized crime. Dr Mike Woodiwiss (History, UWE Bristol) is the second author, and the work builds on interviews and field research carried out in Jamaica in 2018.

Dr Young’s forthcoming paper on the untold truth of the architecture of anti-money laundering policies has been accepted for discussion at the Tax Justice Network’s annual conference in July 2019 at City University, London.

Dr Young will also convene a plenary workshop on enablers of organised financial crime, and host the closed Think Tank on Organised Crime in September 2019, at the Cambridge International Economic Crime Symposium, Jesus College.

Technology and Law Policy Commission: Algorithms in the Justice System

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By Dr Tom Smith and Ed Johnston

Technology and Law Policy Commission: Algorithms in the Justice System

Wales Evidence Session7 February 2019

This event had 3 different panels speaking for about 30 minutes each regarding the use of algorithms in the justice system. The talks were a mix of practical and managerial algorithms. Both had aspects that were interesting to our teaching and research, as well as elements that were irrelevant.

The commission opened by making the point that we are not asking the correct questions concerning the use of algorithms in the justice system. We are not asking what ‘values’ underpin their usage (for example, issues like transparency and ‘explainability’). All panellists agreed that this is a growth area but the swift growth causes a number of concerns. Firstly, how do we define the ‘values’ that need to underpin the tech and its usage in law?

A major concern rests on the fact that algorithms are often opaque systems for decision making and there is a problem with ‘explainability’ (i.e. we cannot extract from machine learning the rationale for why the algorithm arrived at a particular conclusion). Arguably, this raises a red flag for lawyers in terms of justification of decisions to those affected, and especially for the potential conflict between Freedom of Expression and the use of AI to tackle forms of extremism in England and Wales.

There is a further problem with the lack of emotional intelligence associated with the use of AI. This raises questions about the lack discretion afforded to humans in legal systems when allowing machine learning to make decisions. Much of modern policing is done by using discretionary powers – a concern is the potential for the use of AI to allow the criminal justice ‘net’ to widen disproportionately and without adequate safeguarding. Additionally, if there is an element of human discretion operating alongside AI, who do we defer to in making final decisions (a classic man vs. machine argument)? This raises questions about the risk of humans delegating responsibility (and thus accountability) to machines.

As well as these elements, we need to answer questions concerning data control. What happens to the data that is generated by machine learning?

A further problem exists concerning the language being unpicked by the AI. We have many different languages spoken/written in society. Coupled with this we have local spoken/written language. Finally, we have code spoken by offenders to avoid detection on social media (for example in organised dogfighting). The dogfighting articlesuggests that there is an informal code spoken on social media to alert likeminded individuals to events and dogs for sale – how can the AI pick up such information? This would require continuous human input and updating to ensure that those targeting by such technologies cannot evade justice by ‘gaming’ such systems.

Ed asked a question about the Harm Assessment Risk Tool (HART) being used by Durham Constabulary but sadly it was not answered. I wonder what risks exist in using an algorithm to make bail decisions post-conviction. However, with the advent of the Released under Investigation status used frequently by police officers and the reduction of the use bail, this is perhaps not an issue (however, that feels very much like fudging the numbers to appear successful – this new unregulated status may in fact be a retrograde step which undermines attempts to reduce unnecessary use of bail). 

There are positives to the technology. The Facial Recognition software described by a Police Inspector appeared to be very beneficial. There are some 12 million images in the Police National Database and the average officer will upload 30 new images per day. Previously, there would be a 12 day wait to try and identify a suspect from the database. The new software will provide a result in 5 minutes. This is of particular benefit when tackling crowd disorder at sporting events. Previously, officers would have to stick their heads out the window of a police van to identify someone. Now the software can scan all individuals in a crowd. Whilst this has clear practical benefit there was little regard for the potential breach of civil liberties or discussion about training for officers on responsible and effective use.

Finally, the panel spoke of the need for regulation and the panels tried to centre in on accountability, oversight and transparency. We need to know a) how will the use be regulated (soft regulation or by legislation) or b) what happens if the evidence is wrongly used. We can exclude evidence under s.78 PACE 1984 currently, but does this broad protection go far enough?

Lots of questions, not many answers. It’s clear that this is a ‘sexy’ and attractive area of law, which is being pioneered primarily in other jurisdictions. Whilst the desire not to be left behind and to utilise technology effectively in the digital age is understandable, this area also potentially poses great danger. The use needs to be carefully considered from a protective, due process standpoint rather than focusing solely on the practical benefits of the technology to crime control and enforcement.

First PROTAX project focus group works to counter tax crimes in the UK and EU

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Prof Nicholas Ryder (UWE Bristol), Sam Burton (UWE Bristol), Prof Umut Turksen (Coventry University) and Dr Fanou Rasmouki (TRILATERAL) hosted the first focus group as part of an EU funded project, PROTAX , in Bristol on 31 January 2019. PROTAX project is focused on the human factors surrounding tax crimes. As such, it seeks to understand ground-level problems that hamper the application of law, investigation, collaboration and ultimately the conviction of tax crimes. By integrating stakeholder knowledge and expertise, PROTAX will generate law enforcement tools and guidelines to help counter tax crimes and reach harmonised levels of organisation and networking across the EU.

Protax logo

At the focus group, we welcomed tax experts, law enforcement agencies, relevant industry representatives. It has been an excellent opportunity to discuss how to counter tax crimes in the UK and EU.

The following themes were discussed during the focus group:

  • Exploring tax crimes
  • LEA requirements and organisational aspects
  • Inter-agency co-operation
  • International collaboration
  • Dual role of the financial sector: Prevention and facilitation of tax crimes
  • Benchmarks and best practices
  • Ideas to advance the fight against tax crime

Once the remaining 10 focus groups in 10 different EU countries are completed, we will convene a conference in Brussels at the EU Commission where we will invite all focus group participants and other stakeholders involved in the prevention, investigation and prosecution of tax crimes. The conference will provide a platform for professionals specialised in tax and tax crime matters to learn about the findings of the focus groups and contribute to the formulation of recommendations to the European Commission and stakeholders to enhance capabilities in the fight against tax crimes.

For more information on Protax see the project website: https://protax-project.eu/

SLSA Seminar Series: The Perennial Problem of Disclosure – A way forward?

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By Ed Johnston

Ed Johnston has recently been award £1,500 from the annual Socio-Legal Scholars Association’s Annual Seminar Series. Ed is currently organising a one-day conference at UWE Bristol Law School on the topic “The Perennial Problem of Disclosure – A way forward?” This one day event will take place on Wednesday 3 July 2019.

Prior to the mid-1960s, there was no requirement for defence disclosure. Between 1967 and 1996 the defence only had to disclose alibi and expert evidence. The prosecution would disclose elements of their case to ensure ‘equality of arms’. The issue of balance between both parties is long-running, since the prosecution have historically commanded significant resources to investigate and prosecute crimes (in comparison to the defence). The system of disclosure is a fundamental element of fair trial procedure as it helps to compensate for this natural imbalance. However, with the advent of the defence case statement under the Criminal Procedure and Investigations Act (CPIA) 1996, both the underlying culture and systemic purpose of disclosure experienced a seismic shift.

In the following two decades, the general focus of criminal justice policy has been toward prosecuting cases in an efficient manner; the defence case statement forms a pivotal aspect of this. The disclosure regime was extended by the Criminal Procedure Rules (CrimPR) which now mean that disclosure, albeit operating under the guise of ‘case management,’ is essentially mandatory in summary trials. In contrast, under the CPIA 1996, summary trials were only the subject of a voluntary disclosure regime. Despite the insistence (via both judicial guidance and executive policy making) on the need for a culture of early disclosure and co-operative working to permeate modern criminal procedure, the post-CPIA 1996 regime is marked by practical failings and (arguably) ideological contradictions. This has generated significant and sustained criticism, and led to miscarriage of justices as a result of an inadequate disclosure system and culture.

In late 2017 and early 2018, a series of criminal cases collapsed after significant police failures in managing disclosure of key evidence. The first and most widely reported of these was the case of Liam Allan, who was accused of rape and released on bail for two years, before vital undisclosed evidence emerged days into his trial. In the wake of this, the CPS, Metropolitan Police, a Parliamentary Select Committee, and the Government have engaged in reviews of the effectiveness and fairness of the current disclosure regime in criminal proceedings. As mentioned above, this is not new; the modern system of disclosure has been lamented almost since its inception in 1996. There have been a number of critical examinations, including by academics Plotikoff and Woolfson (A Fair Balance in 2001); by Lord Justice Gross (A Review of disclosure in criminal proceedings in 2011); and by HMCPSI and HMIC jointly (Making It Fair in 2017) and the Mouncher Review (also in 2017).

Liam Allan speaking at the First Annual Criminal Justice Research Unit lecture at UWE Bristol in December 2018.

In 2018, two further reviews followed in the wake of the Allan case and others (including those of Samson Makele and Oliver Mears): the Justice Committee published Disclosure of evidence in criminal cases inquiry in July, and finally the Attorney General published a Review of the efficiency and effectiveness of disclosure in the criminal justice system in November. The latter review concluded that the ‘system is not working effectively or efficiently as it should’ and identified above all the need for a change in culture (rather than law) was needed. There is an obvious appetite for improving the function of the disclosure regime; yet, despite the numerous reviews and investigation, it remains fundamentally flawed and this represents a risk of causing further miscarriages of justice (which may or may not be detected). Speaking in June 2018, the former DPP, Lord Macdonald, suggested that it was ‘inevitable’ that innocent defendants had been imprisoned as a result of disclosure not being readily available to defence lawyers (a claim the then DPP, Alison Saunders, was hesitant to echo). Arguably, the current crisis in disclosure represents one of the most significant and impactful problems in 21st Century criminal justice.

This one day conference in July 2019 seeks to bring together academic and practitioner perspectives to examine potential avenues for reform and improvement. If you would like to attend this event, please register online here.

The confirmed speakers for the conference are: 

Anthony Edwards: “Contemporary issues with disclosure in the police station.”

Anthony is a criminal defence solicitor who specialises in Corruption, Fraud and Major Crime. He is widely acknowledged as one of the leading authorities on Police Station law and he has published widely in the areas of criminal procedure.

Dr. Abenaa Owusu-Bempah: “Reconsidering defence disclosure.”

Dr. Owusu-Bempah is an Assistant Professor of Law at the London School of Economics. Her research interests focus on criminal procedure and fair trial rights. Her recent book, Defendant Participation in the Criminal Process, examines how the disclosure provisions of the CrimPR compel the defendant to actively participate in their own criminal trial. The book examines how the adversarial criminal process can be effected by essentially non-adversarial provisions.

Dr. Hannah Quirk: “ Uncovering disclosure errors: Appeals and the CCRC.”

Dr. Quirk is a reader in Criminal Law at Kings College London. Her research interests lie in wrongful convictions and sentences. She has published extensively on the erosion of the Right to Silence and wrongful convictions.

Please see our event page for further details or click here to sign up now.

Catherine Easton (editor of the European Journal of Current Legal Issues) has been commissioned a Special Edition of the journal, which will focus on the papers presented at the seminar. This proposal has been accepted and the edition will be published in the winter of 2019.

UWE Law Society London Trip 2019

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The UWE Law Society reports on its recent trip to visit Parliament, the Supreme Court, and The Inns of Court.

Guest post by: Sam Louwers, President of  UWE Law Society
The opinions expressed by the guest writer and those providing comments are theirs alone and do not necessarily reflect the opinions of UWE Bristol.

The 18th February began very early in the morning for 50 members of UWE Law Society who had secured places to take part in our London Trip 2019. The aim of the trip was to move 50 members to London to visit Parliament, The UK Supreme Court and attend a talk delivered by Lincoln’s Inn.

It had been the intention from the offset that all society members should feel in a position to apply for a ticket, regardless of their personal circumstances, so the price should be free. Through applications to both the faculty and student’s union enough funding was secured to pay for the coach move meaning that all were in the same position to apply for a ticket.

We left UWE at 0530 to move to Westminster, for a change a very painless journey. Once arriving the trip was split down into two tranches; one detailed to Parliament and one the Supreme Court.

Those who toured Westminster had a unique opportunity to gain an understanding of the history of the building, visit both chambers and have explained the full process of how a Bill becomes an Act. With a passionate tour guide this element was enjoyed by all and was an opportunity that many had never experienced, and I am sure that many students would have left feeling they have a confident understanding of our constitution.

Tranche 2 began their day visiting the Supreme Court. A newer building in the history of the court system, but still bathed in history from its previous role. The group had the opportunity to explore the building whilst also have its purpose and history explained to them by their tour guide. With some fantastic photo opportunities, members even had the opportunity to sit in the seat of a justice and experience the true feel of the court room. Unfortunately, Parliament were holding an emergency debate in the afternoon so Tranche 2’s tour had to be cancelled.

Then a surprise to all when we were notified that Lady Hale, President of the Supreme Court, had heard that UWE students were visiting so was giving up her lunch break to meet with us and run a Q&A session, as I am sure all readers will appreciate this is a fantastic and privileged opportunity.

Meeting with Lady Hale was an experience that many students will never experience again, but you could tell that she was more than happy to give up her time to pass her knowledge and experience onto those young minds who have a passion to progress into the legal profession.

The final part of the day saw a move to Lincoln’s Inn where we were hosted by Andrew, their outreach Co-Ordinator. Unfortunately, the talk had to be held slightly down the road in their office and conference space as the Inn itself is currently undergoing major renovations, yet still a great environment to visit. Andrew gave a talk to the society members about what the purposes of the four inns of court are, their history and how they play a key part to anyone looking to progress to a career at the bar. He also took the time to discuss the vast range of scholarships available and in doing so demonstrating that there is financial support available to those who need it.

Lincoln’s Inn also paid for Sally Anne Blackmore of Ely Place Chambers to come and talk to our members. Sally is a former UWE Alumni and prominent member of the Inn, often involved in the residential and qualifying sessions that are run. As a former Alumni Sally was keen to talk to our members about her non-traditional route to the bar and her vast experiences surrounding the profession. Not only did she inspire members she was also happy to hand out her contact details should members want to seek further guidance.

The day ended with the journey back to UWE, getting in at 2230. After a long day I think I can honestly say that every attendee was able to get something special from the day and I have taken the time to thank every element of the trip personally for making it possible. If it wasn’t through keen networking and producing a positive image of UWE Law Society this trip would never have been possible. Dr Liam Fox MP was happy to support our tours, Lady Hale gave up her time and Lincoln’s Inn gladly hosting us at their location is proof that UWE Law Society have built a positive and strong reputation in the last year. We also thank UWE Law Department and the Students Union at UWE for their kind donations, as without them we would not have been able to meet our aim of making this trip open and accessible to all and by doing so we met our equality and diversity targets.

Although coming to the end of our term as a committee I am sure that now the ground work has been laid so future committees will be able to offer these fantastic opportunities to their members also.

Sam Louwers
President
UWE Law Society

Pro bono: Student reflections from the African Prisons Project

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One of the many activities the UWE Pro Bono Unit undertakes is the African Prisons Project. The project sees UWE students assisting prisoners and prison warders during their Law studies in Uganda and Kenya. Kathy Brown has previously blogged about the project here. In this post, student Kelly Eastham provides an update on an inmates sentence.

by Kelly Eastham

It has been a long time that I have been waiting to write this and awaiting this news itself, but not nearly as long as it has been for Wilson. I am completely overwhelmed to have received news today that Wilson (an inmate from Kamiti Prison, Kenya) has been released after winning his case in the Kenyan Supreme Court. Wilson was imprisoned at the age of 19 and sentenced to death, he has since served 20 years for robbery, a punishment not proportionate to his crime.

During my time in Kenya I grew close with Wilson. I was completely amazed by his beautiful perspective on life and his motivation to help other people in his situation. Prior to working in a “death row” environment, I had always thought that these people will have nothing to live for and will become the worse version of themselves as they have no reason or motivation to turn their life around. I was completely wrong and Wilson was one of the first inmates to totally shift my perspective on this. He showed me that it is never too late to make a positive change and if you keep fighting for it anything is possible. His case in the Kenyan Supreme Court (Coram: Maraga CJ & P, Mwilu DCJ &VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ) will be monumental in Kenyan history as the one which abolished the death penalty and will have a significant knock-on effect for the lives of thousands. Wilsons motivation to be a changemaker has not come from a place of selfishness but from wanting to be able to make a difference.

I was asked by Wilson to attend his trial to support him, I remember walking into the High Court and awaiting the judges decision, this decision stated that Wilson had been successful and won his case. I remember going down to the cells under the court house and spending time with him celebrating his success. I felt so emotional to have been a part of his trial and I am so blessed to have been there to support him.

Wilson and his story have inspired me so much and I am honoured to have played a small part of it. I will forever be grateful for the life lessons he has taught me and for inspiring a huge passion within me. I will be wishing him all the best in the outside world and I will be there to support him though it. 

The Knife ASBO: The Incorrect Response

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By Ed Johnston

Last week, the Home Secretary suggested a new measure to tackle the ever-growing problem of knife crime in England and Wales. He suggested that children as young as 12 could be sanctioned with ASBO-style order, should the offender breach the order, they could be imprisoned for up to two years. There is undoubtedly a major problem with knife crime in London and this requires a solution. In November 2018, the House of Commons Briefing Paper Knife Crime in England and Walesindicated that the period 2017/2018 had the highest rate of number of knife or sharp instrument crimes in over a decade with nearly 15,000 incidents. However, whilst this crime increased year on year, the Sanction Detection Rate for crimes that involved knives was under 30%. It is clear that something needs to be done to tackle this very dangerous problem. Furthermore, the Briefing Paper highlighted the findings of the Crime Survey of England and Wales that suggested 6.2% of 10-15 year olds knew someone who carried a knife and 0.3% of that sample self-reported that they carried a knife. The Government has previously attempted to ‘get tough’ on knife crime, The Criminal Justice and Courts Act 2015 introduced a minimum custodial sentence of six months for repeat offenders of knife crimes. Nevertheless, this has not provided an answer to the reoccurring problem and knife crime is perpetually in the news.

Knife Crime in England and Wales briefing paper
House of Commons Briefing Paper Knife Crime in England and Wales 

The Knife and Offensive Weapon Sentencing statistics published in December 2018 states that at the end of September 2018, there were 21,381 cases of knife crime formally dealt with by the criminal justice system. Of those cases, 36% of cases resulted in an immediate custodial sentence. A mere 11% of cases resulted in a caution, which is a 13% drop from September 2009. For almost 3/4s (73%) of offenders, this was their first knife or offensive weapon offence. So, whilst the courts are treating the problem with severity, the average custodial sentence exceeded 6.5 months in 2016 for the very first time; there appears to be no effective deterrent currently available. According to the House of Commons Briefing Paper, there were 5,053 admissions to English hospitals as a result of an assault by a sharp object in 2017/18. This is a rise of 14% on the previous year and when compared to 2014/15 it has increased by 39%. The problem is real, the courts have attempted to deter offenders by using harsher sentences which has driven up the average custodial sentence, however, nothing seems to be working. In fact, in the dawning hours of 2019, two people were killed in London before 6am.

It is clear that something needs to be done to tackle this problem. However, questions remain about Sajid Javid’s Knife Crime Prevention Orders (KCPO). The Home Secretary wants to amend the Offensive Weapons Bill in order to bring in these orders. Amendment 73A of the Bill suggests that the court can make an order if, on the balance of probabilities, on at least two prior occasions (within two years), the defendant was in possession of a bladed article without good reason, in a public place, school or further education premises. The good reason could be for work, educational purposes, religious reasons or as any part of a national costume. Whilst this is clearly aimed at deterring young people from carrying a knife, which is to be commended, the standard of proof is far lower than establishing if a defendant has committed a crime. All that needs to be established is the fact it is more likely than not the person has previously carried a knife twice. Should a defendant be subjected to a KCPO, there are a number of prohibitions that the court can impose. The court can prohibit the defendant from:

  • Being in a particular place
  • Being with particular people
  • Participating in regular activities
  • Using particular articles or having particular articles on them, or
  • Using the internet to facilitate or encourage crime involving bladed articles.

This is a civil injunction, hence the lower the standard of proof. However, any breach of the order will render the conduct criminal, and the defendant could be imprisoned. These types of injunctions are nothing new to the courts. They have had the power to stop defendants associating with certain people or entering certain spaces for years. The Anti-social Crime and Policing Act 2014, allows the court to ‘prohibit the respondent from doing anything described in the injunction’ or ‘require the respondent to do anything described in the injunction.’ Both sanctions would allow the court the bar an individual from being in a particular place, being with particular people, participating in regular activities or using the internet to encourage knife crime. This could mean a person subjected to an order could be banned from using social media.

 A new provision, is not required. Perhaps, the Home Secretary is looking to polish his ‘tough on crime’ mantra for when Teresa May steps down ahead of the next general election (with some suggesting that may be as early as this summer). Perhaps Mr. Javid should not look to widen the net of criminal justice by snaring more young people into its grasp, as the stigma of being involved or subjected to criminal sanctions is hard to shift for young people. Employment opportunities are only going to be hampered by being subjected to KCPO and it begs the question, how can this be effectively policed? If the aforementioned rise in custodial sentences does not deter young people from these offenses, will a bar on using WhatsApp or other social media platforms? Whilst the provisions, on paper, have some bite, the reality means that they are almost impossible to enforce. It is suggested that the orders will be reviewed periodically, although the police are already underfunded and struggling to tackle crime; it is unrealistic to suggest the police would have the resources to see if a KCPO is being complied with. Ultimately, the proposals are another example of an order which is enforced by a low standard of proof but carries consequences that could give rise to criminal sanction and could blight the offender’s future.

Perhaps the Home Secretary would be better served looking at alternatives to divert young people from knife crime, rather than creating new provisions, that replicate sanctions that are already on the statute book. The courts have tried using more serve sentencing powers and yet that has failed to remedy this ever-growing problem, it is hard to believe a regime that mimics existing legislation would fix this problem. Nevertheless, it will help Mr. Javid’s leadership bid as the Home Secretary looks like he is doing something, rather than actually doing something to tackle the growing epidemic of knife crime.