Benjamin Leonard (age 16) was a member of The Scout Association and, over the weekend 25 to 27 August 2018, went with his Explorer Unit (ages 14 to 18) to North Wales. The adult leadership
Law and Lawyers
Responsible and sometimes critical comment on topical legal matters of general interest. This blog does not offer legal advice and should not be used as a substitute for professional legal advice. Pro Aequitate Dicere
Friday, 31 January 2025
A 2018 tragedy in North Wales ~ Judicial Review ~ Unsuccessful challenge to Coroner's Court conclusion
Saturday, 25 January 2025
Axel Rudakubana sentenced for three horrific murders, 10 attempted murders, and 3 further counts
On Thursday 23 January, at the Crown Court in Liverpool, Mr Justice Goose sentenced Axel Rudakubana (age 18) for the murders of three young children and 10 attempted murders (8 children and 2 adults).
In addition to the counts of murder and attempted murder, the judge imposed sentences on three further counts.
A count of possession
Wednesday, 22 January 2025
Murder ~ offender under 18 at the time
Monday, 20 January 2025
Sentencing - recent sentencing for non-recent rape
Eight Men Sentenced For Non-Recent Child Sex Offences, Keighley | West Yorkshire Police
The BBC report is at Keighley grooming gang members given jail sentences - BBC News
We see that -
Saturday, 18 January 2025
Child sexual abuse / grooming gangs
Here is the announcement
Survivors of sexual abuse to be empowered in closed case reviews - GOV.UK
House of Commons
Child Sexual Exploitation and Abuse - Hansard - UK Parliament
Friday, 17 January 2025
Justice Committee 15 January 2025
The following links relate to questions or answers at the committee's session
Thursday, 16 January 2025
Northern Ireland "legacy issues" - where now?
In Adams, R. v (Northern Ireland) [2020] UKSC 19 (13 May 2020) the Supreme Court, in a unanimous judgment delivered by Lord Kerr, held that an "Interim Custody Order" (ICO) made against Adams on 21 July 1973 was unlawful. Adams tried to escape from custody on two occasions and received sentences of imprisonment for attempting to escape from lawful custody.
Given that the ICO was found to be unlawful, Adams claimed
Wednesday, 15 January 2025
Chair of CCRC Resigns
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In 2021, Helen Pitcher OBE was appointed to a second term as Chair of the Criminal Cases Review Commission (CCRC). She has now resigned - Chair of miscarriages of justice review body quits - BBC News - and claims to have been "scapegoated" by Ministers in connection with the CCRC's handling of the Andrew Malkinson case.
The Malkinson case
On 10th February 2004 Mr Malkinson was convicted of attempting to choke, suffocate or strangle C with intent to commit an indictable offence, namely rape, and of two offences of rape. He was subsequently sentenced to life imprisonment. He has always denied committing any of the offences. (C is entitled to life-long anonymity).
Mr Malkinson's convictions were quashed
Friday, 10 January 2025
New Year 2025
Friday, 13 December 2024
Review of the Criminal Courts - Why just a single reviewer?
As noted in the earlier post (12 December 2024), Sir Brian Leveson has been appointed by the government to conduct an Independent Review of the Criminal Courts - GOV.UK.
The terms of reference for the review are not only extensive but hint at possible reforms such as the reclassification of offences from triable either-way to summary only, consideration of magistrates' sentencing powers, the introduction of an Intermediate Court, any other structural changes to the courts or changes to mode of trial that will ensure the most proportionate use of resource.
Underlying all of this
Thursday, 12 December 2024
Government announces Independent Review of the Criminal Courts
The government has announced that Sir Brian Leveson, the former President of the Queen's Bench Division, has been appointed to conduct an Independent Review of the Criminal Courts - GOV.UK
Wednesday, 11 December 2024
The criminal justice crisis - Will the jury be a possible casualty?
It is hardly news but the criminal justice system is on its knees after years of neglect and underfunding by government.
On Tuesday 10 December, the Lord Chancellor and Secretary of State for Justice and also the Minister of State (Ministry of Justice) answered questions from MPs - Oral Answers to Questions - Hansard - UK Parliament
The answer to a question from Gideon Amos MP (Taunton and Wellington) was given by the Minister of State (Sarah Sackman KC MP who said
" ..... As the Lord Chancellor said, we have increased the number of Crown court sitting days by 500, but it is not simply enough to increase court sitting days. We have to look at fundamental reform to address the serious backlogs we have inherited from the Conservative Government."At the request of the Ministry of Justice, the Law Commission is to review law and sentencing in homicide cases
Details are at
Law Commission to review law and sentencing in homicide - Law Commission
and at
Reviewing the law of homicide - Law Commission
There is also a recently commissioned independent Sentencing Review, chaired by the Rt Hon David Gauke. The Sentencing Review is due to submit its findings to the Lord Chancellor by Spring 2025.
Links
Justice secretary expected to be asked in parliament about proposed homicide reform | Law Gazette
Saturday, 30 November 2024
Assisted Dying - Bill passes second reading in House of Commons
The Private Members' Bill proposed by Kim Leadbeater MP passed second reading in the House of Commons by 330 votes to 275.
The debate of Friday 29 November is at Terminally Ill Adults (End of Life) Bill - Hansard - UK Parliament
How individual MPs voted is shown at Terminally Ill Adults (End of Life) Bill (Division 51: - Hansard - UK Parliament
The Bill will now proceed to Committee Stage to be considered by a Public Bill committee which will have power to send for persons, papers and records.
The text of the Bill (on the day of 2nd Reading) is at - Terminally Ill Adults (End of Life) Bill (pdf) and Explanatory Notes are also available Terminally Ill Adults (End of Life) Bill (pdf - 22 pages).
Wednesday, 13 November 2024
Assisted Dying - Two Bills before Parliament
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On 4 July 2024, a Bill was introduced in the House of Lords by former Lord Chancellor - Lord Falconer of Thoroton. It is the Assisted Dying for Terminally Ill Adults Bill [HL] - Parliamentary Bills - UK Parliament
This is
Friday, 25 October 2024
Sentencing Review ~ some of the issues
On 21 October 2024, the prison population of England and Wales stood at 87,465 against a Useable Operational Capacity of 89,136 - Prison population: weekly estate figures 2024 - GOV.UK. That is a prison service sailing close to the wind at 98,13% full.
6 years ago, on 3 August 2018, the figures were 83,107 against capacity 86,012. That is 96.62%.
Admittedly that is a mere snapshot but indicates a system that has NOT suddenly started to struggle but one that has been running close to capacity for many years. The capacity issue ought to have been addressed by the previous government.
Action taken by the present government includes Emergency action taken on prison population and the announcement of a Landmark Sentencing Review launched to end prison crisis - GOV.UK to be led by former (Conservative) Secretary of State for Justice / Lord Chancellor Mr David Gauke.
Whilst the sentencing review has some limitations such as
Tuesday, 22 October 2024
Review of Sentencing
The government has announced a review of sentencing to be led by former Secretary of State for Justice and Lord Chancellor Mr David Gauke -
Landmark Sentencing Review launched to end prison crisis - GOV.UK
The Review has been set up against the background of prisons running very close to capacity. The announcement states that the review will make sure the most serious offenders can be sent to prison to protect the public, and that the country always has the space needed to keep dangerous criminals locked up.
Launched on the day more prisoners will be leaving jail under an emergency release scheme due to chronic overcrowding, the review will make sure no government is ever placed in this position again.
Previous post - Law and Lawyers: Emergency action to be taken on prison population
Terms of Reference - Independent Sentencing Review 2024 to 2025 - GOV.UK
Thursday, 17 October 2024
Assisted Dying Bills ~ Background information
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Thursday, 3 October 2024
British Indian Ocean Territory
The UK government has agreed with Mauritius - (a nation within the Commonwealth) - to settle historic sovereignty claims over British Indian Ocean Territory (BIOT). Negotiations started in 2022 under the previous (Conservative) government.
Mauritius will assume sovereignty over BIOT with the UK authorised to exercise the sovereign rights of Mauritius regarding Diego Garcia - an island with a military base of importance to UK, USA and others.
The government's announcement notes that the agreement is "political" and will be the subject of a treaty yet to be finalised.
UK-Mauritius deal to protect national security – safeguarding the operation of strategic military base - GOV.UK (www.gov.uk)k)
General material:
Wednesday, 2 October 2024
Some recent new material
The Supreme Court of the UK has been operational for 15 years. See the report from the House of Commons LIbrary
The UK Supreme Court - House of Commons Library (parliament.uk)
The Criminal Cases Review Commission has published online a Case Library
Case Library - Criminal Cases Review Commission (ccrc.gov.uk)
HM Inspectorate of Prisons has published