EU (Withdrawal) Bill - Delegated powers - Important House of Lords report

Previous posts have noted concerns in Parliament about the European Union (Withdrawal) Bill.  See 12th September - Deep concerns as EU (Withdrawal) Bill passes second reading in House of Commons;  7th September - House of Lords Constitution Committee - Interim report on EU (Withdrawal) Bill; and 6th September - Massive powers for Ministers under the EU (Withdrawal) Bill.

Numerous amendments put forward:

As at 14th September, the list of proposed amendments to the Withdrawal Bill extends to 74 pages!  See Notices of Amendments.

Delegated powers report:

An important further report contains trenchant criticism of the Bill.  It has been issued by the 

Brexit Negotiations Round 4

Following on from the Prime Minister's speech in Florence, Round 4 of Brexit negotiations have concluded.  The Secretary of State's close of talks statement is HERE and the EU Negotiator's (Michel Barnier) statement is HERE.  The Prime Minister's speech was said by Mr Barnier to have "created a new dynamic in our negotiations."  Talks will resume on 9th October.

In his Round 4 closing statement, Mr Davis referred to publication of an updated table showing many areas of agreement.  For this see Department for Exiting the EU - Joint Technical Note

The Florence Speech was notable

R v Lavinia Woodward

Addendum 28th September + Addendum 29th September + Addendum 10th June 2018

TOFF JUSTICE is how The Sun newspaper described the sentencing of Lavinia Woodward who, in December 2016, had used a bread knife to wound her boyfriend- The Sun 26th September.  The report is riddled with comments implying that the Judge - His Honour Judge Pringle QC - was far too lenient on Miss Woodward.  She was "spared jail" and she "tearfully mouthed “thank you” to Judge Ian Pringle as he let her off with a suspended sentence - then walked out of court with a huge smile."  The Sun points out that - " ...  the judge’s leniency infuriated justice campaigners, who said offenders from less privileged backgrounds were regularly locked up for similar attacks."  The newspaper also offers three examples of women who had committed similar offences but they are "not posh" and so were jailed.  Those included the case of Angela Stead - 2 years for slicing her victim's artery causing severe blood loss.

Once charged with the offence,

"Double the powers of Magistrates" - said LCJ.

Magistrates' Courts should have their power of imprisonment doubled.  This view was put forward by the Lord Chief Justice (Lord Thomas) when opening a new Magistrates Association National Office at St. George Wharf (Vauxhall).  If adopted, the Magistrates' Court would be able to impose a sentence of up to 12 months imprisonment for a single imprisonable offence instead of the current maximum of 6 months.  Around 10,000 additional cases per year would remain with the magistrates  rather than being sent to the Crown Court.  The financial saving would be considerable because, at around £900 per day, Magistrates' Courts are a cheaper form of justice than trial on indictment in the Crown Court - (about £3400 per day).

Prison Reform Trust - Prison: The Facts 2017

On 22nd September 2017, the prison population of England and Wales was 86,200 against an operational capacity of 87,387 - Ministry of Justice Weekly - Prison population figures.

The Prison Reform Trust has published a briefing - Prison: The facts.  The briefing (16 pages pdf) is well worth reading in full.

England and Wales has the highest imprisonment rate in western Europe. In 2016, nearly 68,000 individuals were sent to prison and the majority of those (71%) were sentenced for non-violent offences.  Sentences of 6 months or less accounted for almost half that figure.

Retiring LCJ to review Welsh justice system and policing

On 7th September, the retiring Lord Chief Justice, Lord Thomas of Cwmgiedd, issued his final annual report HERE and, on 14th September, he gave evidence to the House of Commons Justice Committee.   His appearance before the committee may be viewed HERE and a transcript is available.

I believe that Lord Thomas is the first Lord Chief Justice to have been born in Wales since Alfred Lawrence (Lord Trevethin) who served as LCJ briefly from 1921-22.  Interestingly, Lord Trevethin's third son was Geoffrey Lawrence who presided at the Nuremberg Trials.

The Welsh Government

R v Charlie Alliston

Charlie Alliston - now aged 20 - has been sentenced to 18 months detention in a Young Offenders Institution for an offence contrary to the Offences Against the Person Act 1861 section 35.

On 12th February 2016, Mr Alliston was cycling at approximately 18 mph down Old Street (London).  As he approached the junction with Charlotte Road the traffic lights were at green in his favour.  Mrs Kim Briggs was trying to cross Old Street.  Mr Alliston ran into her causing injuries which proved to be fatal.  It appears from the sentencing remarks of Her Honour Judge Wendy Joseph QC that Mr Alliston saw Mrs Briggs, swerved, slowed to 10-14 mph and was shouting to Mrs Briggs - "Get out of the fucking way."