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Share your dilemmas and get honest opinions from other Mumsnetters.

Criminal court cases this autumn

91 replies

Queenie6655 · 23/08/2022 10:00

Hello all

Posting here for traffic

Just wondering if anyone has any idea regarding the barrister strikes and delays this autumn?

My abuser ex is up for attempted murder
I am wondering if the case set for oct will go ahead????

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mangoj · 17/09/2022 11:24

@Queenie6655 yes, ok thank you. Just processing it I guess. Feel let down by the system that he has effectively 'got away with it' whilst I have to struggle through. But I will get there.

VladmirsPoutine · 17/09/2022 11:38

I don't mean to tag on to your post OP but if I may ask so does this mean that if a suspect is in custody (remand?) till their trial date if it's going to be in 2024 then they'll be in jail till 2024?

CatCatGoose · 17/09/2022 12:10

VladmirsPoutine · 17/09/2022 11:38

I don't mean to tag on to your post OP but if I may ask so does this mean that if a suspect is in custody (remand?) till their trial date if it's going to be in 2024 then they'll be in jail till 2024?

It depends. Every defendant in custody waiting for their trial has a date when their 'Custody Time Limit' expires, ie the last date they can be held in custody without having been convicted. Theoretically, after this date they should be released on bail until their trial.

The Prosecution can apply to extend the CTL to keep them in custody longer, but there are rules around when this will be granted and a judge decides whether the circumstances are exceptional and warrant an extension.

Traditionally Judges have been pretty broad with their interpretation of 'exceptional circumstances' ie when trials were delayed due to covid, CTLs were being extended almost as a matter of course.

However, during the strike there have been several judges who have made a big point of saying the strike is not 'exceptional,' it was entirely foreseeable due to government underfunding and the state can't both under-fund the justice system and expect defendants to be the ones who suffer for it. Defendants are innocent until proven guilty and we have rules about how long we can keep people locked up without trial for a reason.

Crown Court judges aren't bound by the decisions of other Crown Court judges, but generally the 'mood music' at the moment is more in favour of releasing defendants when their trials are delayed due to the strike.

VladmirsPoutine · 17/09/2022 12:13

Thanks Cat

CatCatGoose · 17/09/2022 12:24

I should clarify that when I say 'more in favour of releasing defendants' I mean 'compared to in other scenarios ie during covid,' not 'more in favour of releasing than keeping them in custody.' I haven't seen any statistics of how many are being extended vs not extended overall. It would also be fair to say that the cases where a judge refuses to extend and releases a defendant will be more newsworthy, so we'll see a skewed amount of stories of this happening.

Queenie6655 · 18/09/2022 09:43

PaterPower · 16/09/2022 22:57

A case involving a family friend’s DD (as the victim) - was due to start last week. Now delayed until at least 2024. Charge is sexual assault on a minor.

The ‘party of law and order’ have a LOT to answer for. But the right-leaning tabloids were all over the ‘fat cat lawyers’ BS a few years ago, when the Tories first started hacking away at Legal Aid, so it’s a bit rich that rags like the Fail are (currently) supportive of junior barristers.

So so sad to read this

2024

How is this possible??

Just awful

And these barristers have put up with so much can we blame them for having to do this

Just so sad

My case is up in a few weeks

Who knows what happens next

OP posts:
Queenie6655 · 18/09/2022 19:17

Bump again

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Queenie6655 · 19/09/2022 09:33

Hopeful bump

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Queenie6655 · 20/09/2022 17:09

...

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Queenie6655 · 24/09/2022 10:55

Wondering if anyone has any news?

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mangoj · 25/09/2022 13:08

Keeping this going for you @Queenie6655.

Queenie6655 · 25/09/2022 21:30

Thank you

I will keep bumping too

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Queenie6655 · 26/09/2022 20:22

The met say it is listed to go ahead and all other witnesses (7 of us) have been notified !!!

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Queenie6655 · 27/09/2022 21:57

So we will wait and see I guess 😢😢😢

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harriethoyle · 29/09/2022 10:57

BBC News - Striking barristers to vote on pay proposals
www.bbc.co.uk/news/uk-63072901

@Queenie6655 this just in re: strike...

RumpoleoftheBaileys · 29/09/2022 11:03

I'm here - what date are you fixed for? There is to be a ballot, but it's going to take about a week

RumpoleoftheBaileys · 29/09/2022 11:05

Also - I can't remember if I mentioned this before - defence barristers can 'break' the strike if they feel a case warrants it. Further, some barristers aren't striking at all.

Queenie6655 · 29/09/2022 11:32

RumpoleoftheBaileys · 29/09/2022 11:05

Also - I can't remember if I mentioned this before - defence barristers can 'break' the strike if they feel a case warrants it. Further, some barristers aren't striking at all.

Thanks so so much

I'm up at the end of oct

I have been told I may need to wait 2 more years

No idea what to think and no one knows yet

Awful times

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Queenie6655 · 29/09/2022 11:33

harriethoyle · 29/09/2022 10:57

BBC News - Striking barristers to vote on pay proposals
www.bbc.co.uk/news/uk-63072901

@Queenie6655 this just in re: strike...

Thanks so so much

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Queenie6655 · 29/09/2022 11:34

RumpoleoftheBaileys · 29/09/2022 11:03

I'm here - what date are you fixed for? There is to be a ballot, but it's going to take about a week

I'm just unsure if I will be delayed in order to fit other cases in now??

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RumpoleoftheBaileys · 29/09/2022 12:00

Is he in custody? Apologies is this is upthread. Custody cases will always take priority

Queenie6655 · 29/09/2022 12:15

Hello

No he is not

His crime was committed in 2017

So been waiting so long already

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Queenie6655 · 29/09/2022 12:15

RumpoleoftheBaileys · 29/09/2022 12:00

Is he in custody? Apologies is this is upthread. Custody cases will always take priority

Thanks again this is very helpful

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RumpoleoftheBaileys · 29/09/2022 12:20

It's a terrible limbo. However, negotiations are progressing. It is still possible the trial could continue. That being said there are always variables in either direction:

  1. Defence barrister not striking in the first place
  2. Defence barrister doing case if they consider client vulnerable etc
  3. Court removing trial due to lack of time
  4. Some other reason why it can't go ahead

Etc, etc.

I'm sorry, it's just a waiting game.

Queenie6655 · 29/09/2022 12:21

Wow so not for certain yet

Who knows !!!!!

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