Supreme Court, by a majority, overrules the Cheshire West test for Deprivation of Liberty

In A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16, a seven member Panel of the Supreme Court has unanimously overruled the 2014 majority decision in Cheshire West.   The judgment is long and detailed.  A summary by the Supreme Court can be found here, and a more detailed summary prepared by members of 39 Essex Chambers is here. 

There is no ‘grace period’ for implementation of the judgment and so the approach in Cheshire West must not be followed with immediate effect. The many guidance documents which refer to it need to be read in that light. 

Links:

R v Vickrum Singh Digwa ~ Sentencing remarks

The judiciary has published sentencing remarks in the case of R v Vicrum Singh Digwa -

R -v- Vickrum Singh Digwa - Courts and Tribunals Judiciary

This case has proved to be particularly controversial because of Police conduct at the scene of the murder.

On 3 December 2025, Digwa murdered Henry Nowak (aged 18). Digwa was aged 22 at the time.

The sentence was one of Life Imprisonment. A minimum term of 20 years and 190 days was set before there can be any consideration of release. 

Release is far from automatic and is a matter for the Parole Board and Secretary of State.

It should be noted that the minimum term for murder is set by Act of Parliament and not by sentencing council guidelines. The judge applied Schedule 21 of the Sentencing Act 2020. I

The High Court's Chancery Division to be replaced by a new Business and Property Division

The government, in a written statement to Parliament, has said - 

'The Government is pleased to support a judiciary-led initiative to modernise the structure of the High Court through the establishment of a new Business and Property Division. This historic modernisation will ensure the UK remains a global hub for corporate litigation.

It will bring together the current Business and Property Courts into a single division, which will replace the Chancery Division.

The Business and Property Courts are

The Rwanda Scheme - Permanent Court of Arbitration rejects financial claims against UK

Readers will doubtless remember the "Rwanda Scheme" put in place by the Conservative Party when it was in power prior to the general election of 4 July 2024.

A Treaty was concluded between the UK and Rwanda which may be seen at Agreement between UK and Rwanda for the provision of an asylum partnership to strengthen international commitments on the protection of refugees and migrants (publishing.service.gov.uk). 

The Agreement contained provision (Article 22) to refer disputes to the Permanent Court of Arbitration, a body created in 1899 and which sits at The Hague. . 

Following

Youth Justice and sentencing for very serious offences

Youth Justice has a long and interesting history. The website of Beyond Youth Custody has a Youth justice timeline setting out key developments from 1792 to 2014. The timeline was prepared by Dr Tim Bateman and Professor Neal Hazel. 

Overall, the trend has been from punishments (often very severe) to sentencing aimed at rehabilitation of offenders taking into account the lack of maturity of young people. 

In England and Wales the age of criminal responsibility is set at 10 years. This has applied since 1963 and continues to be a point of controversy. It is discussed in the latest government White Paper - Cutting Youth Crime. Changing Young Lives.  (The age in Scotland is now 12 - see HERE). 

When

The Manchester Airport assault case: retrials and the law: public comment

On 20 December 2024 the Crown Prosecution Service (CPS) authorised charges against two men who were involved in a serious incident with Police Officers at Manchester Airport - Charges authorised over Manchester Airport incident | The Crown Prosecution Service (please read in full).

Mohammed Fahir Amaaz was charged with section 47 Actual Bodily Harm x 2, assault against an emergency worker, and common assault (against a member of the public). 

Muhammed Amaad was charged with section 47 Actual Bodily Harm.

A trial was held at the Crown Court in Liverpool

The 'unduly lenient' legislation ~ a recent Court of Appeal decision

Earlier this year, the Court of Appeal (Criminal Division) decided a reference by the Attorney General under the "unduly lenient" legislation (Criminal Justice Act 1988) - 'If it appears to the Attorney General - (a) that the sentencing of a person in a proceeding in the Crown Court has been unduly lenient; and (b) that the case is one to which this Part of this Act applies, he may, with the leave of the Court of Appeal, refer the case to them for them to review the sentencing of that person .....'

The report of the case is at Riley, R. v [2026] EWCA Crim 158 (04 February 2026)

The respondent (R) was 18 years of age when, in June 2023, he committed an offence of assault by penetration, contrary to section 2(1) of the Sexual Offences Act 2003. The maximum sentence available is life imprisonment. The victim ("C") of the assault was aged 14 at the time of the offence.

On 5 September 2025, in the Crown Court