When is a pre-sentence report required? A note .....

1 April 2025 - Secretary of State's statement in the House of Commons 

Sentencing Guidelines (Pre-Sentence Reports) Bill as introduced by the Secretary of State

There has been a recent "difference of view" between the Sentencing Council and the Secretary of State for Justice about when a pre-sentence report is required. The detail is set out in the Secretary of State's statement and legal commentator Joshua Rozenberg has taken a longer look at the issue. For those reasons I do not intend to carry out a detailed analysis here. 

34 years ago, in the Criminal Justice Act 1991, Parliament effectively made pre-sentence reports (PSR) almost mandatory in cases where the sentencing court was considering either a custodial sentence or a community sentence.

I was, and remain, of the view that this generally made good sense and it applied to all offenders regardless of either their background or personal characteristics.

The present law is set out in the Sentencing Act 2020 section 30 and "guidance" exists in Sentencing Council guidelines as well as Court of Appeal (Criminal Division) case law. 

Sentencing Council Guidance - as proposed - not yet in effect

Read the 31 March statement from the Council. 

European Court of Human Rights ~ Adoption ~ Right to family life

25 March 2025 - The European Court of Human Rights (Fourth Section)  - N.S. v United Kingdom (Application 38134/20)

The court's judgment is available here and a summary from the court's website follows .....

A 2018 tragedy in North Wales ~ Judicial Review ~ Unsuccessful challenge to Coroner's Court conclusion

Great Orme is a limestone headland on the North Wales coast between Llandudno and Conway. 

Great Orme rises to just 679 ft above sea level (207 metres) BUT steep edges (cliffs) are a significant risk as this short video shows - Exploring the climbing routes on the Great Orme, North Wales. Provided those places are avoided, Great Orme offers walking which is not too challenging or remote unlike places such as Tryfan (3009 ft), the Glyderau (several places over 3000ft) and Snowdon (3560 ft). 

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

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).

The offences were committed at a dance studio in Southport on 29 July 2014. At that time, Rudakubana was 9 days short of his 18th birthday. 

In addition to the counts of murder and attempted murder, the judge imposed sentences on three further counts. 

A count of possession

Murder ~ offender under 18 at the time

On Monday 20 January at the Crown Court in Liverpool, Axel Radakubana (now aged 18) entered guilty pleas to the murders of three children in Southport. 

The pleas were entered on the day the trial was due to commence.

Sentencing was set for Thursday 23 January. 

There are several further guilty pleas which will also be dealt with.

The fact that Radakubana was under 18 at the time of the offences is particularly important. This makes

Sentencing - recent sentencing for non-recent rape

An announcement by West Yorkshire Police tells us that 8 men were sentenced, at the Crown Court in Bradford, for "non-recent Child Sex Offences"

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 - 

Child sexual abuse / grooming gangs

The government has announced a number of steps to be taken with respect to the major problem of child sexual abuse - (Previous post).

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

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