Justice Committee 15 January 2025

On 15 January, the House of Commons Justice Committee questioned the Attorney General (Lord Hermer KC) and the Solicitor General (Lucy Rigby MP). The session will be of particular interest to anyone seriously interested in the rule of law and in the roles of the Law Officers.

Parliamentlive.tv - Justice Committee

The following links relate to questions or answers at the committee's session 

Northern Ireland "legacy issues" - where now?

A further political row has erupted over the possibility that Mr Gerry Adams ( President of Sinn Féin between 13 November 1983 and 10 February 2018) may receive compensation because of governmental action during the 1970s and "The Troubles" in Northern Ireland. 

The Adams case

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

Chair of CCRC Resigns

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 10^th 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

New Year 2025

A HAPPY NEW YEAR to all readers.

With updates

Politics in the UK started with a major row over Child Sexual Abuse. This immensely serious issue perhaps came to general public attention over 10 years ago when a report was published into events in Rotherham (S. Yorkshire) over a lengthy period extending back to the 1980s. Earlier post of 1 September 2014 - Law and Lawyers: Rotherham ~ Sexual Exploitation of Children ~ the reports.

Rotherham is by no means the only place where similar criminality has taken place. Locations such as Rochdale, Oldham, and Telford come to mind.

The abuse at Telford led to an independent inquiry chaired by Tom Crowther KC which reported

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

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

The announcement - (please read it in full) - begins

"The Crown Court caseload has risen substantially over recent years for complex reasons including the pandemic and an increase in the number of cases coming before the courts. The scale of cases entering the courts is now so great that, even with the Crown Court sitting at a historically high level, this would not be enough to make meaningful progress on reducing the outstanding caseload and bring down waiting times. Doing so will require bold thinking on the most appropriate and proportionate ways of dealing with cases before the courts, as well as increases in the efficiency of our criminal courts."

and also tells us that

"The purpose of this review is to produce options and recommendations for a) how the criminal courts could be reformed to ensure cases are dealt with proportionately, in light of the current pressures on the Crown Court; and b) how they could operate as efficiently as possible. This should include consideration of the processes of partner agencies where they impact the criminal courts. The review should lead to a more efficient criminal court system and improved timeliness for victims, witnesses and defendants, without jeopardising the requirement for a fair trial for all involved."

Of course, we know

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."

What those 'fundamental reforms' might be was not stated. but it appears that removal of jury trial is back on the agenda.

We know

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

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).

Assisted dying bill for England and Wales: what amendments are likely to be proposed? | Assisted dying | The Guardian

Assisted Dying - Two Bills before Parliament

Updated 14 November 2024

Previous post - Law and Lawyers: Assisted Dying Bills ~ Background information.

This post takes a brief look at two Private Members' Bills about "Assisted Dying" currently before Parliament. 

There are of course those who are strongly in favour of legislation permitting such assistance to, at least, the terminally ill. There are also those who are strongly opposed.  This post does not discuss the underlying ethical or moral issues.

Two Bills

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

On 16 October 2024 in the House of Commons, Kim Leadbeater MP introduced the  - Terminally Ill Adults (End of Life) Bill (pdf). The text of this Bill was published on 12 November 2024 and Second Reading is scheduled for 29 November - Terminally Ill Adults (End of Life) Bill - Parliamentary Bills - UK Parliament. Explanatory Notes for Leadbeater's Bill are also available.

Kim Leadbeater's Bill

This is

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

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

Assisted Dying Bills ~ Background information

Update 11 November 2024 - Addendum with link to text of Leadbeater MP's Bill and explanatory notes

The term "Assisted Dying" generally refers to a person who is terminally ill receiving lethal drugs from a medical practitioner, which they administer themselves - (What do assisted dying, assisted suicide and euthanasia mean and what is the law? - BBC News.

In The Queen (Mrs Dianne Pretty) v DPP  and Secretary of State for the Home Department Lord Bingham noted that the issue is a subject of profound and fully justified concern to very many people. The questions whether the terminally ill, or others, should be free to seek assistance in taking their own lives, and if so in what circumstances and subject to what safeguards, are of great social, ethical and religious significance and are questions on which widely differing beliefs and views are held, often strongly. 

This post is confined to the legal issues relating to assisted dying and the profound questions it raises are left to one side. Any change to the existing law will have to be very clearly drafted and must clearly address the circumstances and safeguards referred to by Lord Bingham.

The law

Suicide was a criminal offence

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:

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

A decade of declining quality of education in young offender institutions: the systemic shortcomings that fail children - GOV.UK (www.gov.uk)

R v Plummer and Holland ~ Criminal Damage at the National Gallery

On 14 October 2022, "Just Stop Oil" protesters, Phoebe Plummer (age 23) and Anna Holland (age 22) committed criminal damage at the National Gallery, London. Tomato soup was thrown at a Van Gogh painting - "SUNFLOWERS" - with the result that the patina on the frame (value £8 - 10,000) was damaged. Because of a glass protective cover, the painting itself was not actually damaged but there was a possibility that it might have been.

In July 2024, the two women were convicted after trial and were sentenced on 27 September by His Honour Judge Hehir. 

Plummer was sentenced to 2 years imprisonment for criminal damage and to an additional 3 months for "Interfering with key national infrastructure" (Public Order Act 2023 s.7). Plummer also received a 3 years Criminal Behaviour Order. It should be noted that she had previous relevant convictions and was on bail at the time of the criminal damage offence.

The interfering with national infrastructure offence related to "slow walking." Further details are not provided in the sentencing remarks.

Holland was sentenced to 20 months imprisonment for the criminal damage. The Judge was invited by counsel to suspend the custodial sentence but he was of the opinion that immediate custody was the only appropriate sentence because the "need for punishment and deterrence entirely outweighs the factors which might point towards suspending the sentence. ..."

The Sentencing Remarks of Judge Hehir are published on the Judiciary website and should be read in full - Rex -v- Plummer and Holland - Courts and Tribunals Judiciary

Key National Infrastructure

R v Hugh Edwards - Sentencing Remarks

Mr Hugh Edwards (63) has been sentenced by a court to a sentence of imprisonment - 6 months suspended for 2 years. He resigned from the BBC in 2024, during a police investigation into possession of indecent images of children to which he pleaded guilty. At the BBC, Edwards anchored coverage of state and international events including the Coronation of King Charles III.

The suspended prison sentence is subject to requirements and also to notification requirement under the Sexual Offences Act 2003 - (see HERE). Nobody ought to be under the illusion that any of the requirements are an easy option. They are rigorously by the Probation Service and breaches will usually be referred back to court.

The Sentencing Remarks are available - EDWARDS SENTENCE REMARKS FINAL (judiciary.uk)

The requirements applying to this sentence are -

Inquiries - House of Lords committee calls for reform

The House of Lords Statutory Inquiries Committee has published a report urging a major overhaul of the way public inquiries are set up and conducted. The report calls for significant improvements to the inquiry system, to make them more efficient and effective and to avoid the costly and wasteful process of inquiries “reinventing the wheel”.

The 63 page report is HERE (pdf) and see Lords committee calls for major overhaul of public inquiries - UK Parliament

Among the main recommendations of the House of Lords Statutory Inquiries Committee are:

Winter Fuel Regulations

Politically, the new (Labour) government made a choice to remove Winter Fuel payments from all the elderly apart from those who qualify for pension credits. Many Labour backbench MPs - often with slim majorities from the recent general election - are unhappy -see

Keir Starmer under pressure as row grows over cut to winter fuel payments | ITV News and 

Is there a £22bn ‘black hole’ in the UK’s public finances? - BBC News.

Of course, millionaires hardly need a winter fuel payment but it is risible to describe, as some have, the majority of pensioners as "millionaires" and thousands fail

House of Lords Reform ~ Hereditary Peers to be completely excluded

On 5 September 2024 the government introduced the House of Lords (Hereditary Peers) Bill - Parliamentary Bills - UK Parliament

See also the Explanatory Notes (pdf)

The Bill seeks to implement a Labour Party manifesto commitment to remove 'the remaining connection between hereditary peerage and membership of the House of Lords; to abolish the jurisdiction of the House of Lords in relation to claims to hereditary peerages ..'

The majority of hereditary peers were excluded from the House of Lords by the House of Lords Act 1999 (legislation.gov.uk) but a compromise was reached and section 2 of that Act provided for 90 such peers to continue as members. In addition the Earl Marshal and Lord Great Chamberlain were excepted. 

The Bill states

In modern times. claims to hereditary peerages are rare and the Bill will abolish the ancient jurisdiction of the House of Lords over such claims. 

If any claims arise