Thursday, 12 September 2024 13:50
Sentence Adjournments, Sentencing Reforms & Prisoner Release - What we know so far
This week, the prison population rose to a record number of 88,225, a significant increase on the previous week and only around 500 places short of "operational capacity", which is the maximum number of prisoners that can be held. Andrea Albutt, president of the Prison Governor's Association, said: "If the government further overcrowd our prisons, if they say to our members' you will put more people in your already overcrowded prison', we will take legal action." Such comments make it unlikely that the government will try and force prison governors to take prisoners in excess of operational capacity. The government…
Wednesday, 03 July 2024 16:44
Over 100,000 children in England and Wales have parent in prison
More than 100,000 children have a parent in prison for the first time since records began, according to analysis of government figures. An official Ministry of Justice estimate says that each male prisoner has, on average, 1.14 children, meaning that an estimated 100,084 children have a parent in prison. Estimates for the number of children affected by parental imprisonment in the UK in a year vary, with the most recent being as high as 312,000. Many children with a parent in prison go on to lead positive and fulfilling lives. However, a range of research shows that they are more…
Wednesday, 03 July 2024 16:40
New research indicates some people may be physically unable to use police breathalysers
Some people may be physically unable to use the current evidential breath analysis machines, relied upon by police to gather proof of driving under the influence of alcohol or drugs, new research from the University of Sheffield indicates. The new study challenges the norm that anyone failing to provide a sample of breath at a police station is being deliberately obstructive, questioning the fairness of ‘failure to provide’ charges. Under the 1988 Road Traffic Act, anyone unable to complete a breathalyser test at a police station is automatically charged with Failure to Provide, which can have serious consequences for the…
Thursday, 02 May 2024 14:02
Football Banning Orders - How Often Are These Issued?
Football banning orders are made by the courts to help prevent violence or disorder at, or in connection with, regulated football matches. An individual with a banning order is prevented from attending all regulated matches in the UK and may be required to hand over their passport to the police before overseas matches and tournaments. Banning orders are issued either following a conviction for a football-related offence or following a complaint by a local police force, British Transport Police (BTP), or the Crown Prosecution Service (CPS). A football banning order lasts for a minimum of 3 years and no more…
Thursday, 02 May 2024 13:57
It's Mine, and I Will Damage It If I Want To!
Police are currently investigating the causes of a fire that destroyed the Crooked House Pub near Dudley, causing a lot of people to wonder about the laws of criminal damage. Generally speaking, a person can damage, which includes setting fire to, their property. So, if you no longer want an item, you can, in most cases, chuck it in the bin, destroy it with a hammer or if it takes your fancy, set a match to it.
Monday, 19 February 2024 12:36
Cyclists In the Spotlight
On the 12th September 2023, Andrea Leadsom MP posed this question to Edward Argar MP who is a Minister of State in the Ministry of Justice: 'What conversations has my right hon. Friend had across government to make sure that the sentencing for those convicted of dangerous cycling is equalised with the sentencing guidelines for those convicted of dangerous driving?' Andrea Leadsom had proposed a ten minute rule bill in 2011 which was designed to ensure that deaths and injuries caused by cyclists would attract the same sentences as those caused by motorists, but it did not become law. The…
Monday, 19 February 2024 12:35
Chief Inspector calls for an independent review of the Probation Service
The outgoing Chief Inspector of Probation has issued a damning report. He is calling for an independent review of whether the Probation Service should return to local control two years on from unification into a national service. The Chief Inspector reports, in an overall assessment that: 'The Probation Service is struggling. It's more than two years since the unification of probation back into the public sector as a single national service. I said at the time that this was unlikely to be the silver bullet many were hoping for. Sadly, this has now proved to be the reality. Yes, there…
Monday, 19 February 2024 12:32
Nitrous Oxide - Government acts to make possession illegal
Possession of nitrous oxide, also known as 'laughing gas', will be illegal by the end of the year. The ban was promised as part of the Government's Anti-Social Behaviour Action Plan, with the Home Secretary urging police forces to get tougher on flagrant drug taking in the streets, which is said to blight communities. Secondary legislation was passed on Tuesday 12 September which will control nitrous oxide as a Class C substance under the Misuse of Drugs Act 1971. The new measures are expected to come into force by the end of the year. Those found in unlawful possession of…
Monday, 19 February 2024 12:28
Rule of Law is under "grave threat"
Cross-party legal reform charity, JUSTICE has this week published a landmark report describing how the rule of law in the UK has "regressed significantly on multiple fronts" and threatens the very democratic fabric of our nation. The rule of law is a set of principles, fundamental to our constitution, that seeks to ensure that everyone, including the State itself, is bound by, and entitled to the benefit of, publicly-made laws administered in the courts. It is vital, both for the public at large, who expect the State to behave in a responsible manner and for the marginalised, to ensure due…
Thursday, 14 December 2023 14:36
IPP Prisoners - Intervention by the United Nations
IPP sentences were indeterminate sentences handed down by courts in England and Wales between 2005 and 2012. They were used for offenders considered to pose a significant risk of causing serious harm to the public until they no longer represented such a risk. When first introduced, these sentences were mandatory in all cases of conviction for a ‘serious offence’, which included more than 50 specified crimes. This led to a larger than expected number of people being sentenced under the scheme (8,711 in total). The cancellation of the scheme was not retrospective. Nearly 2,900 people were still serving IPP sentences…
Friday, 24 November 2023 13:23
Proposals to make it easier to sack rogue police officers
A feature of many miscarriages of justice cases is the malign influence of dishonest police officers who have managed to stay in post despite many years of red flags having been raised in some cases. Recent tragic cases, such as the murder of Sarah Everard, have brought this issue to the forefront of policing. Now, the government has stated that it will act urgently to remove unsuitable officers from their jobs. The law will be changed to ensure all officers must be appropriately vetted during their service and to enable officers who fail a re-vetting test whilst in post to…
Friday, 24 November 2023 13:19
Government bans machetes and zombie knives
Much has been written this week on government plans to "ban" machetes and zombie knives, and claims that possession would be made "illegal". The government said: "Machetes and zombie-style knives with no practical use will be banned and police will have more powers to seize them in a bid to crack down on their use in devastating street violence. Under the measures, machetes and knives that are designed to look intimidating and threatening, known as zombie-style knives, will be made illegal. The maximum penalty for the importation, manufacturing, possession and sale of these newly proscribed weapons will also be increased…
Thursday, 12 October 2023 11:44
Strangling/Suffocation - Sentencing
A new offence of strangling/suffocation came into force on 7 June 2022, and we have previously written about the case of Cook [2023] EWCA Crim 452, which sets out comprehensive sentencing principles for judges. In Cook, the Court of Appeal commented: "In view of the inherent conduct required to establish this offence a custodial sentence will be appropriate, save in exceptional circumstances. We consider that ordinarily that sentence will be one of immediate custody." These two sentences have caused difficulties, which the Court of Appeal addressed in a recent ruling. The danger for judges is conflating the first two sentences…
Tuesday, 22 August 2023 14:01
Lucy Letby Handed a Whole Life Order
On Friday, 18 August 2023, the Jury returned its final verdicts in the trial of nurse Lucy Letby. Letby was convicted of murdering seven babies in her care and attempting to murder six more. The Jury were discharged from reaching verdicts concerning four other babies. On Monday, 21 August, Letby was sentenced to life imprisonment with a whole life order under schedule 21 of the Criminal Justice Act 2003 (also schedule 21 Sentencing Act 2020). The starting point of a whole life order will be satisfied if the following tests are met: (1) If— (a) the court considers that the…
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