News

26 Mar 18

Criminal Law Reform Now symposium on Private Prosecutions
The Criminal Law Reform Now Network is pleased to announce a one-day symposium reviewing the law and practice of Private Prosecutions. this will take place will take place on 19th April 2018 at University College London, Bentham House, Endsleigh Gardens, WC1H 0EG. The symposium will start at 10am, and finish by 4:30pm. Registration is free, and catering is provided, but places are limited - register now.   
 
The event is intended as an information gathering opportunity on six particular aspects of the law which are likely to inform any reform proposals that we might make. The event will take place under Chatham House Rules.
Our first subject will be the present policy of the CPS on overtaking private prosecutions, which was held to be lawful by a 3-2 majority of the Supreme Court. Whether this is an appropriate policy requires a study of its effect on disappointed would-be private prosecutors and affords an opportunity to consider what purposes private prosecutions may serve. Our first speaker, Jonathan Rogers (CLRNN Director), will begin with an introductory discussion about the 2009 Policy, its background and implications.
Our second session will focus on the position of charities as private prosecutors, in particular whether bringing prosecutions may always be compatible with their charitable functions. The RSPCA is the prominent charity which brings private prosecutions, and Stephen Wooler, formerly HM Chief Inspector of the CPS, and, later, Independent Reviewer of RSPCA prosecutions, will discuss the role of charities and oversight of their prosecutorial activities.
Our third session centres upon the possibility of internal regulation of private prosecutors, with an aim to ensure that obligations on the public prosecutor (eg to ensure that evidence is disclosed promptly) are discharged equally (if not better) by private prosecutors. Hannah Laming of Peters and Peters, and Chair of the Private Prosecutors Association, will discuss the role and possible impact of a voluntary code for private prosecutors.
After lunch, we shall consider private prosecutions as commercial remedies, and the proper advanatges and disadvantages (including questions relating to the recovery of costs) of a private prosecution over a civil suit. Paul Jarvis of 6KBW Chambers, and Matt Dyson, Associate Professor at Oxford University, will present the law and their own research in this area.
Our fifth session will examine the role of the private prosecutor in seeking confiscation orders. Kennedy Talbot QC, of 33 Chancery Lane Chambers, who has been involved in the leading cases where the courts have held that private prosecutors are competent to do this, will examine the challenges and opportunities that this provides.
Finally, after a short tea break, Rupert Bowers QC and Abigail Bright, both Doughty Street Chambers, explore the important topic of co-operation with police during investigations, including such questions as to whether the police should be spending their time and using their investigative powers for what is clearly intended to be a private prosecution.    
Other specialists in the field, offering both legal and non-legal perspectives will also be present. We will conclude the event with a group discussion, including an outline of further issues to investigate and the ways in which reforms might most likely be achieved, to be chaired by CLRNN Director and project Lead, Jonathan Rogers.

Following the symposium, the CLRNN Committee will draft terms of reference for the new project, and seek to assemble a writing team to take things forward. 

03 Nov 17

 

Computer Misuse Act Project - Framework Document

 

Our new Framework Document sets out a proposed structure for our review of the Computer Misuse Act, modelled from the symposium in September. Work is currently ongoing to confirm author teams for each chapter, as well as reviewers.  

 

12 Sep 17

 

Computer Misuse Act Project Update

 

Thank you to everyone who contributed to our scoping symposium yesterday; it was an enjoyable and productive event. In the coming weeks the CLRNN Committee will be working to form a Project Team to move into the research and report writing stage (see Project Process). If you would like to form part of this team, or for further information, please contact simon.mckay@mckaylaw.co.uk or j.j.child@sussex.ac.uk.  

 

04 Aug 17

 

Symposium - Reviewing the Computer Misuse Act 1990

 

The Criminal Law Reform Now Network one-day symposium on reform to the Computer Misuse Act 1990 will take place at Sussex University on 11 September 2017, starting at 10am and finishing by 4pm. Registration is free, but places are limited - Register Now. We hope shortly afterwards to assemble a writing team for the project, with a view to completion in 2018.

 

We have chosen the subject of computer misuse as our first project because, notwithstanding being twice amended, there are particular reasons to think that the Act has still not kept up to date with advances in technology (eg, whether smart phones should be regarded as “computers”, whether denial of service attacks fall under any of the provisions of the Act). At the same time, in some respects, it remains unsatisfactorily wide (the term “unauthorised access” is capable of very wide interpretation and common industrial practices such as time-locking may be technically illegal) and the absence of a public interest defence is seemingly inconsistent with the recent inclusion of such provision in relation to data protection laws.

 

Our first speaker, Professor Ian Walden, will give an outline of the 1990 Act, the subsequent amendments that proved necessary and of proposals that have not been implemented. Professor Peter Sommer will then speak of the concept of “authorisation” under the Act, followed by Naomi Colvin on the case for including a public interest defence. Lyndon Harris will address the difficulties in sentencing the offence in the absence of any sentencing guidelines, and Dr Audrey Guinchard will offer comparative perspectives on the issues so far under discussion. Finally Dr Nicola Searle will discuss research methodology in cyber- crime, concerning techniques for accessing trade secrets.

 

Other specialists in the field, offering both legal and non-legal perspectives will also be present. We will conclude the event with a group discussion, including an outline of further issues to investigate and the ways in which reforms might most likely be achieved, to be chaired by CLRNN committee member and project Lead, Simon McKay.

 

29 Jun 17

 

First Project Confirmed – Review of the Computer Misuse Act 1990

 

We are pleased to confirm that the CLRN Network’s inaugural project will be a review of the Computer Misuse Act 1990. The first step for the new project will be a one day symposium hosted at the University of Sussex on Monday 11th September 2017 – see details and registration here. If you have relevant expertise (academic and/or practice) and you would like to discuss taking part in this project, speaking at the conference and/or potentially forming part of the project writing team, then please contact us at simon.mckay@mckaylaw.co.uk or j.j.child@sussex.ac.uk.

The CLRN Network’s inaugural project will focus on the Computer Misuse Act 1990, working towards proposals for potential reform. As we begin this project, our aim is to identify areas of the statute most in need of further review, and we will be seeking wider views on this at our September symposium and beyond. The 1990 Act has remained controversial in its content and application since it was first created. The offences revolve around “unauthorised" acts, without defining the parameters of what this means, albeit that it seems clear that state-sanctioned hacking or Computer Network Exploitation has recently been avowed (in 2015) and may be authorised by warrant under new provisions contained in the Investigatory Powers Act 2016. But the absence of any form of public interest defence creates problems when any interference is "unauthorised", eg in the prevention or exposure of criminal activity. By contrast other legislation with comparable aims does make express provision for public interest defences as in the Data Protection Act 1998. In the age of so called “cybercrime” where law enforcement and private industry needs to respond to the proliferation of hacking-related offending there is a pressing need to consider whether it is time for the 1990 Act to provide specific defences arising out of a range of explicit authorised purposes.

We would also like to announce our commitment to a second project reviewing Private Prosecutions. This project will begin with a symposium hosted at University College London in April 2018 (details to follow later in 2017). If you have relevant expertise (academic and/or practical) and you would like to discuss taking part in this project, speaking at the conference and/or potentially forming part of the project writing team, then please email j.rogers@ucl.ac.uk.

We will not be taking forward any of the other projects proposed to us at this time. However, the CLRN Network will make further calls for reform ideas in time, which may include a review of previous proposals. Further, we remain open to publishing reform focused blogs and/or other papers on our website that will be taken into account when selecting future projects – if you are interested in knowing more about this, please contact j.j.child@sussex.ac.uk.

 

14 Jun 17

 

Our first open meeting yesterday was very productive. Thank you to all who were able to attend, and to those who sent comments/proposals in advance.

 

The potential first projects discussed include:

Private prosecutions; Parental liability for truanting children; Coroners’ verdicts; The (non)application of legal rules in magistrates courts; Reviewing the Computer Misuse Act; and Civil preventative orders.

 

The next step is for the committee to meet and decide on a project to take forward. We expect to be able to confirm the first project by the end of June.  

09 May 17

 

NEW PROJECT - REGISTER FOR OUR OPEN MEETING - 13TH JUNE 2017, 6-8PM

Our first open meeting will take place in the Garden Room in the Wilkins Building, at University College London. The meeting will be used to discuss options for our first reform project (see the Project Process), and we encourage people to come along and share their ideas freely. 

If you are not able to attend the meeting, but you would like to suggest a project to the Network, please contact us separately before the meeting.