10 August 2026

Summer 2026

 


This blog is on a summer break ! 

Posts will resume from week beginning 12 October.

02 August 2026

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

30 July 2026

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. 

29 July 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,

26 July 2026

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 ....."

22 July 2026

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

18 July 2026

Criticism of the Attorney General's handling of the recent unduly lenient case

A post of 2 July considered the Court of Appeal judgment in the "unduly lenient" reference by the Attorney General - Law and Lawyers: The King and X Y Z (References under section 36 of the Criminal Justice Act 1988) [2026] EWCA Crim (845)

It was noted that -  

' ... the court made some comments about the administration of justice more generally. It expressed its concern about the inaccurate reporting and misinformed and inappropriate commentary by members of Parliament, the media and elsewhere that preceded this review and whilst legal proceedings were still ongoing. 

The court was particularly critical of the conduct of the Crown Prosecution Service, which published a formal press release following the sentencing hearing which they knew, or should have known, was neither a fair nor accurate representation of the factual basis for sentence. It was this inaccurate press release that appeared to be the root of the misconceptions that followed, in particular the misconception that the offending involved a knife-point rape and that C2 had been forced to give up her phone to avoid tracking. This portrayed the offending as even more serious than it already was. It took almost three weeks for the Crown Prosecution Service to correct the inaccuracies.

Whether

15 July 2026

Police detention - how long may it last?

Following arrest, for how long may a suspect be held in Police detention?

The basic limits are set out section 41 to 43 of PACE - Police and Criminal Evidence Act 1984 section 41, section 42, section 43. The maximum time is 96 hours and (usually) runs from the time of arrest.

When an individual is arrested under under terrorism legislation (e.g. Terrorism Act 2000 section 41) it becomes possible for detention to extend up to 14 days. 

Ann Widdecombe:

On 9 July the former Member of Parliament

09 July 2026

Ruth Ellis granted conditional pardon

Ruth Ellis was the last woman to be executed in England for murder and has now been granted a conditional pardon in light of evidence that she was a victim of domestic abuse and coercive and controlling behaviour - Ruth Ellis, last woman hanged in UK, granted posthumous conditional pardon | UK criminal justice | The Guardian

Back in 2020, this blog looked at the case - Law and Lawyers: Looking back - Ruth Ellis.

The case is a reminder of the rigour of the common law of murder as it was back in 1955.. 

The grant of a pardon is an exercise of the Royal Prerogative of Mercy - ​The royal prerogative of mercy | Feature | Law Gazette

08 July 2026

Lawrence and others -v- Associated Newspapers Limited - comprehensive defeat for the claimants

Seven claimants, including Prince Harry (Duke of Sussex) brought claims against Associated Newspapers Ltd (publishers of the Daily Mail, Mail on Sundays and MailOnline. The case consumed a considerable amount of High Court time including a 46-day trial which took place between 19 January and 31 March 2026.

The claimants alleged misuse of private information and, in one case, breach of confidence arising from unlawful information gathering (UIG).

Misuse of private information is a tort (civil wrong) and is discussed in an article

07 July 2026

Parliamentary Standards - investigations

Nigel Farage - leader of the Reform UK party has announced that he will resign as MP for Clacton and will contest the necessary by-election.

Mr Farage was under investigation by the Parliamentary Commissioner for Standards over financial matters.

How an MP "resigns" is described in this previous post - Law and Lawyers: MP appointed to the "Chiltern Hundreds" - (Stoke, Desborough and Burnham).

What happens to the investigation is covered by the "Procedural Protocol" 

05 July 2026

Mohindru KC - High Court judgment

Anurag Mohindru is a King's Counsel (KC) - one of those lawyers (usually, but not always, barristers) granted that pre-eminent status by the Crown. They are appointed via a process set out at King's Counsel Appointments | Excellence in Advocacy

Mohindru was called to the Bar of England and Wales in 2004 and was appointed KC ("took silk") in 2020. 

Mohindru appealed to the High Court against an order of a disciplinary tribunal of the Bar Standards Board (BSB) that he be disbarred. The BSB decision was in October 2025 and the conduct in question took place over a short period of time in February 2013.

The High Court judgment is at - Mohindru v The Bar Standards Board [2026] EWHC 1604 (Admin) (30 June 2026).

The details of the conduct

04 July 2026

Calls for deportation of Shabir Ahmed - what legal hurdles may apply?

A report by the BBC (2 July 2026) tells us that - 'The ringleader of a Rochdale grooming gang that targeted girls as young as 12 has been released from prison.

Shabir Ahmed, 73, who was known as 'Daddy' by his victims, was jailed for 22 years in August 2012 for a raft of child sexual offences including rape.

This week his victims were told he would be released on licence and despite earlier promises, could not be deported due to a 55-year-old law.

But Sir Keir Starmer has now asked the home secretary to review the case amid calls for the law to be changed to allow him to removed from the country.'

Rochdale grooming gang leader released from prison - BBC News

All right-thinking people

02 July 2026

The King and X Y Z (References under section 36 of the Criminal Justice Act 1988) [2026] EWCA Crim (845)

A Previous post looked at the the sentencing of young offenders for very serious offences -  Law and Lawyers: Youth Justice and sentencing for very serious offences. 

The Court of Appeal (Criminal Division) has given judgment in X, Y and Z - Courts and Tribunals Judiciary [2026] EWCA Crim (845) - Lady Carr LCJ, Edis LJ, Norton J. 

The case concerned three offenders, X, Y and Z who were convicted (after a 29 day trial in the Crown Court) of rape and other sexual offending committed at Fordingbridge, Hampshire against two separate complainants, C1 and C2 on two separate occasions. 

The first incident was on 26 November 2024 (involving all three offenders) and the second incident on 17 January 2025 (involving X and Y only).

Each

01 July 2026

Recent announcements: Murder sentencing, Law Commission, Asylum

1) Sentencing for murder: 

The Secretary of State for Justice (David Lammy MP) has announced his intention to alter sentencing for murder ….

Justice for victims as domestic killers to face longer behind bars - GOV.UK

‘Heinous offenders who kill their partner, or ex, could face an additional 10 years in prison, under a change announced today by the Deputy Prime Minister.

23 June 2026

10 years since the Brexit Referendum

Ten years ago today the UK held a referendum at which the voter had the choice to say Leave (the EU) or remain. The ballot paper did not set out the form that Brexit might take and the type of Brexit was hardly mentioned in the campaign preceding the referendum.

Obiter J - who then authored this blog - was personally opposed to Brexit because he thought that it severely limited life opportunities for the young. In his extensive "blogging" on the topic, he avoided seeking to persuade anyone either way. His choice was to present factual information, look at the twists and turns of the campaign, and comment on the notable legal cases that arose along the way.

ObiterJ's numerous posts about Brexit remain on this blog - please see

Law and Lawyers: Brexit Library - Key materials

As we know, the referendum result was close (overall 52% to 48%) with Scotland and Northern Ireland - two key parts of the UK - voting Remain. 

Rajiv Menon KC - in the matter of potential contempt proceedings

Updated 1 July 2026

On 22 June, Mr Justice Johnson decided that a different High Court judge should determine whether contempt proceedings should be instigated against Rajiv Menon - see Re Rajiv Menon KC. 

The background to this matter is set out in an earlier post - Law and Lawyers: In the matter of contempt proceedings against Rajiv Menon KC - Court of Appeal (Civil Division) [2026] EWCA Civ 573

Garden Court Statement: Rajiv Menon KC | Garden Court Chambers

Law and Lawyers: R v Charlotte Head and others / Criminal Damage at Elbit's Bristol premises in 2024

Update 1 July 2026:

In the matter of contempt proceedings against Rajiv Menon KC - Courts and Tribunals Judiciary

18 June 2026

Communications Act 2003 section 127


Doughty Street Chambers have published - Brighton woman acquitted on charge of persistent emails to cause annoyance to Prime Minister, Foreign Minister and local MP about Israel’s conduct in Gaza |

The article states - 'A Brighton woman, CK, was charged with a single offence under s. 127(2)(c) and (3) of the Communications Act 2003, for emails she sent on 10 and 11 June 2025 to senior politicians. The charge concerned emails sent by CK to the Prime Minister, Foreign Minister, and her local MP Peter Kyle MP, expressing concerns about the conflict in Gaza.'