Legal News Round-Up – April 2024

Some of the other law news making the headlines in April…

In this latest round-up we look at some of the criminal, motoring and regulatory law news that our weekly articles didn’t pick up on.

If there are any topics you would like to see us discuss, please feel free to drop us a line.

Bail Hearings Become Remote By Default

We start this month’s round-up with an article from the Law Society Gazette with the news that remote hearings are to become the default for bail applications.

With the legal system almost grinding to a halt, the use of “remote” technology is one way that the judiciary can speed up proceedings.

As a result, bail applications are one of the motions which will now see the use of video-link technology – unless the court specifically orders otherwise.

Lord Chancellor Alex Clark welcomed the news, stating;

‘This government has transformed the use of technology in the justice system and the announcement today will save judges and lawyers valuable time, as well as processing more bail hearings. This will get more victims the justice they deserve, and more offenders pay for their crimes.’

To read more about the article in the Law Gazette, click here.

AI Tech Used In Legal Cases Comes Under Scrutiny

The use of AI is both inevitable and contentious and over in the US, there is already concerns over AI tool that has been used in 1000s of criminal cases.

NBC report that Cybercheck – an AI tool which has been used to help investigate, charge and convict suspects accused of murder and other serious crimes across the US – is coming under serious scrutiny.

Defense lawyers are starting to question its accuracy and reliability, questioning it’s methods as being “opaque” – and that it hasn’t been independently vetted.

The software provider of course claims that it uses machine learning to scour the web and gather information from open source intelligence (social media profiles, email addresses and other web agencies) to help identify suspects physical locations at the time of a crime.

Whilst the company cite accuracy at being over 90%, defense lawyers are calling the tool’s creator Adam Mosher into question over the methodology and accuracy – resulting in some of the evidence being determined to be inadmissible.

William Budington, a senior staff technologist with the Electronic Frontier Foundation said;

“We’re being asked to trust a company to present evidence that could eventually put people in prison – that goes against the right to due process.”

The use of the technology is certainly proving concerning, and with Mosher seemingly reluctant to reveal much about the methodology, irrespective of it’s accuracy, the use of the technology remains controversial.

You can find out more in the full article on the NBC website by clicking here.

Rap Music Used as Evidence in over 200 Cases In England & Wales in last 3 years.

The Guardian has reported that a recent study has revealed that Rap and “drill” music has been used as evidence against 252 defendants in the last 3 years.

Researchers at the University of Manchester have called for an urgent review into the issue where 252 defendants in 68 cases had rap music used in evidence against them.

In some instances, rap music is used as an indirect or “bad character” reference to suggest a violent mindset, intention to commit crime or gang membership.

Indeed, one murder case involving 12 defendants had rap evidence used with because 3 of the defendants had appeared in the video as extras.

The researchers expressed concerns about the use of the evidence framing multiple defendants in a certain light for serious crimes – with a lack of monitoring for the use of rap music as evidence.

The overwhelming majority of defendants are young males – with 70% either children under 17 or young adults aged up to 24 and the majority are either black or mixed race or minor ethnicity groups – making up 84% of the defendants.

To read the full article, click here.

Leaking Ceiling at Reading Magistrates Highlights Chronic State of Justice Buildings. 

Earlier in the month, the Law Society Gazette reported that a Magistrates’ courtroom sat in darkness at Reading Magistrates after water came gushing through a hole which had developed in the ceiling.

It was reported that plaster could be seen covering the benches of Courtroom 6 and the carpet was stained by the water seeping through.

The leak is believed to have been caused by issues with an unoccupied flat above the courts and previous repairs had been carried out.

The damage also affected a remote hearing in an adjoining courtroom as the video technology had stopped working – whilst the hearings due in Courtroom 6 that day had to be postponed.

You can read more about this in the article here.

And Finally – Shoplifting Offences in England & Wales highest since 2003.

The BBC reported in the last week of the month that shoplifting offences recorded by the police in England & Wales are at a 20 year high.

With 430,000 cases recorded in 2023 by the Office for National Statistics – up by more than a third on the previous year.

However, James Lowman, chief executive of the Association of Convenience Stores which represents local shops, believes the actual figures are even worse.

He said;

“The vast majority of incidents that take place end up not being reported because of the time taken to report the crime and the lack of follow up from the police. Thieves are stealing on a regular basis without fear of apprehension, so it’s essential that every police force in the country takes theft seriously, not least because challenging thieves is one of the biggest triggers for abuse of shop workers.”

You can read the full article here.

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