Summer 2026

 

This blog is on a summer break ! Normal service will resume in late August.

Imprisonment for Public Protection (IPP) - UK criticised by the UN Working Group on Arbitrary Detention

Imprisonment for Public Protection (IPP) was introduced by the Criminal Justice Act 2003 (Chapter 5 of Part 12), it was modified by the Criminal Justice and Immigration Act 2008, and abolished by the Legal Aid Sentencing and Punishment of Offenders Act 2012. 

IPP was first brought into force from 4 April 2005. The final abolition took effect for all offenders convicted after 3 December 2012.

In September 2025 about 2422 individuals were

Palestine Action - Supreme Court UK gives permission for an appeal

Huda Ammori, the co-founder of Palestine Action has won permission from the Supreme Court of the UK to challenge the proscription of the organisation.

The direct action group was proscribed as a terrorist organisation in July 2025 but its co-founder has been fighting to have the ban overturned amid a mass civil disobedience campaign.

In February, the high court ruled that the ban was disproportionate and unlawful but its decision was overturned by the court of appeal last month.

The case will be heard in the final quarter of this year.

The exact legal basis for the appeal has yet to be published.  Two grounds of appeal were put forwards but the court has allowed the appeal on just one of the grounds. 

Supreme court says Palestine Action co-founder can challenge ban on group | Palestine Action | The Guardian

Law and Lawyers: Proscription of Palestine Action is lawful - Court of Appeal

Prison Overcrowding ~ Prime Minister orders review of the 33% scheme in the Sentencing Act 2026

The prisons of England and Wales are overcrowded.  

Prison "useable operational capacity" for England and Wales is published by HM Government - Prison population: monthly prison figures 2026 - GOV.UK. The data also includes the numbers of serving prisoners.  Further information is available at Prisons data - Justice Data.

The following shows the prison population by offence group as it stood at 31 March 2026. 

Safeguarding the Constitution ~ a new report argues for action to protect democracy

Essentially as a result of history, the UK does not have a formal codified constitution but it does have constitutional arrangements which include the Legislative Supremacy of Parliament.

As Parliament itself notes - 'Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.'

A weakness of that principle is that whoever controls Parliament has, in effect, the ability to try to enact ANY law they wish. In law, there is nothing that Parliament cannot change but there are both practical and political constraints.

One Parliament has enacted legislation there is no court with power to declare the legislation unconstitutional.  

Furthermore,

The International Criminal Court - prosecutor removed from office

 A short statement from the International Criminal Court (ICC) notes -

"the decision adopted by the Special Session of the Assembly of States Parties (ASP) on 24 July 2026 to remove the Prosecutor from office, having found that he has committed serious misconduct and serious breach of duty, as reflected in the ASP’s press release on the same day ...

The Deputy Prosecutors will continue to provide the leadership, management and direction of the Office of the Prosecutor ....."

Advisory Opinion on the Obligations of States in respect of Climate Change (July 2025)

On 23 July 2025, the International Court of Justice (ICJ) gave its Advisory Opinion on the Obligations of States in respect of Climate Change. 

The opinion was requested on 29 March 2023 by the United Nations General Assembly - (Resolution 77/276).

The Resolution requested opinion on two questions

(a) What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations? 

(b) What are the legal consequences