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Tuesday, 08 October 2024 12:42

Imprisonment & Family Life

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A prisoner with an earliest release date in August 2027 made an application to the Prison Service in relation to participation in fertility treatment. His partner unfortunately suffers from fertility problems, which include a low number of eggs, polycystic ovaries and a blocked and leaking right fallopian tube. Therefore, the couple wished to explore IVF treatment in order that they could have a child together. It was argued that the following factors were in favour of the application being granted: (a) the low likelihood of conception if the couple waited until the Prisoner's time of release; (b) that there would…
Thursday, 19 September 2024 11:39

Morphine Supply - A tricky sentencing exercise

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Sentencing guidelines exist to guide a court when deciding on the appropriate punishment for most drug-related offences. The guidelines reference the most common drugs, such as cocaine and cannabis, but do not expressly cover drugs which are less commonly found in this type of offending. One such drug is morphine. So, what is the approach to be taken? The sentencing guideline states: 'Where a drug (such as fentanyl or its agonists) is not listed in the table below, sentencers should expect to be provided with expert evidence to assist in determining the potency of the particular drug and in equating…
Wednesday, 18 September 2024 15:56

Cryptoassets and Proceeds of Crime

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The Economic Crime and Corporate Transparency Act 2023 has received Royal Assent and, when in force, will implement a large number of changes aimed at fighting economic crime and other illegal activity. One major reform in the Act is in relation to Cryptoassets and how they can be seized under amendments to the Proceeds of Crime Act 2002. What are Cryptoassets? Cryptoassets serve as a pseudo-anonymous, low-cost, and relatively quick method to move funds globally. There are low barriers to entry, users merely need an internet-connected device to transact with cryptoassets.                     Given these characteristics, it is little surprise that…
Wednesday, 18 September 2024 15:52

Rehabilitation of Offenders

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On 28th October 2023 provisions in the Police, Crime, Sentencing and Courts Act 2022 came into effect, enacting changes to the laws in relation to the rehabilitation of offenders. These amendments extend the scope of the Rehabilitation of Offenders At as it applies to England and Wales so that certain custodial sentences of over four years currently excluded from rehabilitation may become spent, unless imposed in respect of certain offences. It also amends the times at which different sentences may become spent and makes provision on the face of the ROA for the rehabilitation periods that apply to certain orders…
Friday, 13 September 2024 14:25

Late Abortion Cases - Sentencing

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In July 2023, the Court of Appeal quashed a sentence of 28 months imprisonment and substituted a sentence of 14 months imprisonment, suspended for two years. The case concerned an offence of administering poison with intent to procure miscarriage, with respect to a pregnancy in the range of 32 to 34 weeks (so a "late abortion"). This week, the Court published its full judgment, and this now allows us to explore the reasoning. Earlier case law from the Court of Appeal, in particular, R v Catt [2013] EWCA Crim 1187, suggested that the original sentence was very much to be…
Friday, 13 September 2024 14:21

Firearms - Further Reforms

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The Firearms Act 2023 has received Royal Assent and when brought in to force, will introduce a number of regulatory and criminal law reforms. Miniature Rifle Ranges There is an exemption in firearms law (section 11(4) of the Firearms Act 1968) which allows a person to run a rifle range or shooting gallery where only small calibre rifles or air weapons are used without the need for a firearms licence. Additionally, members of the public do not need a firearms licence to shoot at such a range or gallery. This exemption is widely used to introduce people to target shooting.…
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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…
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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…
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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…
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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…
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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

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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…
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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…
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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…
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