Sentencing Review ~ some of the issues

On 21 October 2024, the prison population of England and Wales stood at 87,465 against a Useable Operational Capacity of 89,136 - Prison population: weekly estate figures 2024 - GOV.UK. That is a prison service sailing close to the wind at 98,13% full.

6 years ago, on 3 August 2018, the figures were 83,107 against capacity 86,012. That is 96.62%.

Admittedly that is a mere snapshot but indicates a system that has NOT suddenly started to struggle but one that has been running close to capacity for many years. The capacity issue ought to have been addressed by the previous government. 

Action taken by the present government includes Emergency action taken on prison population and the announcement of a Landmark Sentencing Review launched to end prison crisis - GOV.UK to be led by former (Conservative) Secretary of State for Justice / Lord Chancellor Mr David Gauke.

Whilst the sentencing review has some limitations such as

Review of Sentencing

The government has announced a review of sentencing to be led by former Secretary of State for Justice and Lord Chancellor Mr David Gauke - 

Landmark Sentencing Review launched to end prison crisis - GOV.UK

The Review has been set up against the background of prisons running very close to capacity. The announcement states that the review will make sure the most serious offenders can be sent to prison to protect the public, and that the country always has the space needed to keep dangerous criminals locked up.

Launched on the day more prisoners will be leaving jail under an emergency release scheme due to chronic overcrowding, the review will make sure no government is ever placed in this position again.

Previous post - Law and Lawyers: Emergency action to be taken on prison population

Terms of Reference - Independent Sentencing Review 2024 to 2025 - GOV.UK

Assisted Dying Bills ~ Background information

Update 11 November 2024 - Addendum with link to text of Leadbeater MP's Bill and explanatory notes

The term "Assisted Dying" generally refers to a person who is terminally ill receiving lethal drugs from a medical practitioner, which they administer themselves - (What do assisted dying, assisted suicide and euthanasia mean and what is the law? - BBC News.

In The Queen (Mrs Dianne Pretty) v DPP  and Secretary of State for the Home Department Lord Bingham noted that the issue is a subject of profound and fully justified concern to very many people. The questions whether the terminally ill, or others, should be free to seek assistance in taking their own lives, and if so in what circumstances and subject to what safeguards, are of great social, ethical and religious significance and are questions on which widely differing beliefs and views are held, often strongly. 

This post is confined to the legal issues relating to assisted dying and the profound questions it raises are left to one side. Any change to the existing law will have to be very clearly drafted and must clearly address the circumstances and safeguards referred to by Lord Bingham.

The law

Suicide was a criminal offence

British Indian Ocean Territory

The UK government has agreed with Mauritius - (a nation within the Commonwealth) - to settle historic sovereignty claims over British Indian Ocean Territory (BIOT). Negotiations started in 2022 under the previous (Conservative) government.

Mauritius will assume sovereignty over BIOT with the UK authorised to exercise the sovereign rights of Mauritius regarding Diego Garcia - an island with a military base of importance to UK, USA and others.

The government's announcement notes that the agreement is "political" and will be the subject of a treaty yet to be finalised.

UK-Mauritius deal to protect national security – safeguarding the operation of strategic military base - GOV.UK (www.gov.uk)k)

General material:

Some recent new material

The Supreme Court of the UK has been operational for 15 years. See the report from the House of Commons LIbrary 

The UK Supreme Court - House of Commons Library (parliament.uk)

The Criminal Cases Review Commission has published online a Case Library

Case Library - Criminal Cases Review Commission (ccrc.gov.uk)

HM Inspectorate of Prisons has published

A decade of declining quality of education in young offender institutions: the systemic shortcomings that fail children - GOV.UK (www.gov.uk)

R v Plummer and Holland ~ Criminal Damage at the National Gallery

On 14 October 2022, "Just Stop Oil" protesters, Phoebe Plummer (age 23) and Anna Holland (age 22) committed criminal damage at the National Gallery, London. Tomato soup was thrown at a Van Gogh painting - "SUNFLOWERS" - with the result that the patina on the frame (value £8 - 10,000) was damaged. Because of a glass protective cover, the painting itself was not actually damaged but there was a possibility that it might have been.

In July 2024, the two women were convicted after trial and were sentenced on 27 September by His Honour Judge Hehir. 

Plummer was sentenced to 2 years imprisonment for criminal damage and to an additional 3 months for "Interfering with key national infrastructure" (Public Order Act 2023 s.7). Plummer also received a 3 years Criminal Behaviour Order. It should be noted that she had previous relevant convictions and was on bail at the time of the criminal damage offence.

The interfering with national infrastructure offence related to "slow walking." Further details are not provided in the sentencing remarks.

Holland was sentenced to 20 months imprisonment for the criminal damage. The Judge was invited by counsel to suspend the custodial sentence but he was of the opinion that immediate custody was the only appropriate sentence because the "need for punishment and deterrence entirely outweighs the factors which might point towards suspending the sentence. ..."

The Sentencing Remarks of Judge Hehir are published on the Judiciary website and should be read in full - Rex -v- Plummer and Holland - Courts and Tribunals Judiciary

Key National Infrastructure

R v Hugh Edwards - Sentencing Remarks

Mr Hugh Edwards (63) has been sentenced by a court to a sentence of imprisonment - 6 months suspended for 2 years. He resigned from the BBC in 2024, during a police investigation into possession of indecent images of children to which he pleaded guilty. At the BBC, Edwards anchored coverage of state and international events including the Coronation of King Charles III.

The suspended prison sentence is subject to requirements and also to notification requirement under the Sexual Offences Act 2003 - (see HERE). Nobody ought to be under the illusion that any of the requirements are an easy option. They are rigorously by the Probation Service and breaches will usually be referred back to court.

The Sentencing Remarks are available - EDWARDS SENTENCE REMARKS FINAL (judiciary.uk)

The requirements applying to this sentence are -