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
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
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
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
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
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:
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
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
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 -
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:
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
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
September 2024 - Phase 2 report | Grenfell Tower Inquiry
The prosecutions were brought under the Regulation of Railways Act 1889 section 5 and were dealt with in Magistrates' Courts using "Single Justice Procedure (SJP)."
This was not permissible .....
Freedom of expression is the right to express and receive opinions, ideas and information. Expression and exchanges of views increasingly take place online, including through social media platforms, websites and search engines.
The right to freedom of expression is balanced by the responsibilities held by government, media and technology, and citizens. It is not an unrestricted right
John O' Malley (age 43) and William Nelson-Morgan (age 69) each received 32 months for separate offences of violent disorder (Public Order Act 1986 s.2).
Nelson-Morgan also received a concurrent sentence of 6 months for possession of an offensive weapon and also a serious violence reduction order (SVRO) which will take effect on his release from custody and will last for 2 years.
The sentencing remarks
Against the background of the public disorder of late July and early August, Mr Parkinson is reported to have said that "terrorism offences" would be considered . "Where you have organised groups planning activity for the purposes of advancing [an] ideology... planning really, really serious disruption then yes, we will consider terrorism offences."
The term "terrorism" is interpreted
Compensation used to be governed by the Riot (Damages) Act 1866 (now repealed). The 1866 Act was tested after the 2011 riots but, in Mayor's Office for Policing and Crime v Mitsui Sumitomo Insurance Co [2016] UKSC 18, the Supreme Court held that the Act did NOT cover consequential losses. For example, a claim under the Act was possible if (say) business premises were directly damaged but loss of profits could not be claimed.
Following the 2011 disorder, the Home Secretary - (then Theresa May) - commissioned a review of the 1866 Act and this reported in November 2013. On 8th November 2013, the Home Office published - New proposals to reform Riot Damages Act.
The outcome was
The Honorary Recorder of Liverpool (HHJ Andrew Menary KC) ruled that the young person could be named - see Youth Justice and Criminal Evidence Act 1999 section 45 (legislation.gov.uk). Certain other reporting restrictions apply.
A plea hearing was set for 25 October 2024. Any trial will be in 2025 and a potential trial date of 20 January was set - Live updates as Southport stabbing suspect named in court - Liverpool Echo
There was considerable online misinformation about the identity of the suspect who was actually born in Wales and is not an asylum seeker.
The Prime Minister:
The section is a new statutory offence of "Intentionally or recklessly causing public nuisance" and it has a maximum penalty of 10 years imprisonment. The section also provides a defence of "reasonable excuse" - see section 78(3).
The 2022 Act was a further step
Module 1 Report - The resilience and preparedness of the United Kingdom - UK Covid-19 Inquiry (covid19.public-inquiry.uk) - 240 pp. (pdf)
The report has to be read in full and it speaks for itself. I am therefore avoiding either analysis or precis. In any event, this report is the first of several. Each "module" will be followed by its own report.
That said, Baroness Hallett notes