Consultation on out of court disposals – Attorney General’s Office

Posted November 7th, 2014 in cautions, consultations, drug offences, penalties, police by tracey

‘The response to the joint government and police consultation on Out of Court Disposals (OOCD) sets out plans for a streamlined and more effective system.’

Full text

Attorney General’s Office, 3rd November 2014

Source: www.gov.uk/ago

Police cautions could be scrapped in reform of criminal punishments – The Independent

‘Police cautions could be scrapped under the Justice Secretary’s plans to stop victims feeling criminals have got away “scot-free”.’

Full story

The Independent, 1st November 2014

Source: www.independent.co.uk

Man fined for swallowing goldfish on film – BBC News

Posted July 24th, 2014 in animal cruelty, cautions, fines, news, private prosecutions by sally

‘A 20-year-old man from Suffolk has been fined £200 after he was filmed swallowing two goldfish as part of a ‘Neknominate” online dare.’

Full story

BBC News, 23rd July 2014

Source: www.bbc.co.uk

Criminals ‘escaping justice’ by being given cautions – Daily Telegraph

Posted July 22nd, 2014 in cautions, London, news, police, recidivists, sentencing, statistics by sally

‘Almost 30,000 criminals including rapists and burglars ”have escaped the justice system” in the London area by being handed a police caution, it has been revealed.’

Full story

Daily Telegraph, 22nd July 2014

Source: www.telegraph.co.uk

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) – WLR Daily

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) [2014] UKSC 35; [2014] WLR (D) 271

‘The provisions in Part V of the Police Act for the automatic release of a person’s convictions, cautions and warnings— regardless of their relevance or the length of time that had elapsed— when that person was required, by reason of articles 3 or 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, to obtain and disclose an enhanced criminal record certificate for the purpose of obtaining employment or some other position which involved working with children or other vulnerable groups of persons, did not meet the requirement of legality for the purposes of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was incompatible with the person’s right to respect for their private life guaranteed by that article. Moreover, the provisions contravened article 8 in that they were not “necessary in a democratic society”, as required by article 8.2.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

Fall in number of offenders barred from working with children – The Guardian

Posted June 24th, 2014 in cautions, criminal records, freedom of information, news, statistics, vetting by sally

‘The number of people who have committed child sex offences and have been barred from working with children has fallen by nearly 10,000 over the past three years, according to freedom of information disclosures.’

Full story

The Guardian, 24th June 2014

Source: www.guardian.co.uk

Criminal records scheme incompatible with Convention rights – Supreme Court judgment – Panopticon

‘As readers of this blog will know, the application of the Government’s criminal records scheme has been subject to extensive litigation of late (see further not least my post on an appeal involving a teacher and my post on an appeal involving a taxi-driver). Perhaps most importantly, in the case of T & Anor v Secretary of State for the Home Department, questions have been raised about whether the scheme as a whole is compatible with Convention rights and, in particular, the Article 8 right to privacy. Last year, the Court of Appeal concluded that the scheme was incompatible. In a judgment given yesterday, the majority of the Supreme Court has agreed with that conclusion (Lord Wilson dissenting).’

Full story

Panopticon, 19th June 2014

Source: www.panopticonblog.com

Old and minor convictions and cautions need not be disclosed – Supreme Court – UK Human Rights Blog

‘The Supreme Court has unanimously declared that government rules regarding the disclosure of spent convictions are unlawful and incompatible with Article 8 of the Convention.’

Full story

UK Human Rights Blog, 18th June 2014

Source: www.ukhumanrightsblog.com

Crackdown on lenient punishments will see 14,000 fewer cautions issued each year – Daily Telegraph

Posted February 5th, 2014 in cautions, news, police, punishment by sally

‘Chris Grayling, the Justice Secretary, announces plans for legislation to ban police from giving simple cautions to repeat offenders and those who commit serious crimes.’

Full story

Daily Telegraph, 5th February 2014

Source: www.telegraph.co.uk

Nugent v Nugent – WLR Daily

Posted January 15th, 2014 in cautions, land registration, law reports, sale of land by tracey

Nugent v Nugent: [2013] EWHC 4095 (Ch);   [2013] WLR (D)  516

‘The High Court’s inherent jurisdiction pertaining to the vacation of cautions registered under the Land Registration Act 1925 applied equally to applications for the cancellation of unilateral notices against title registered under the successor provisions of the Land Registration Act 2002.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Clampdown on cautions for repeat offenders – Ministry of Justice

Posted November 15th, 2013 in cautions, persistent offenders, police, press releases, recidivists by tracey

“Criminals should no longer be able to receive a second caution for the same, or similar, offence committed in a two year period Justice Secretary Chris Grayling said today.”

Full press release

Ministry of Justice, 14th November 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Consultation on out of court disposals – Attorney General’s Office

Posted November 14th, 2013 in cautions, consultations, penalties, press releases by tracey

“This consultation paper outlines the existing out of court disposals (OOCDs) landscape and provides an opportunity for the public and practitioners to share their thoughts and experiences of OOCDs and their use, and consider how they might be reformed.”

Full press release

Attorney General’s Office, 14th November 2013

Source: www.gov.uk/ago

Stafford Hospital nurse given caution for putting patients at risk – Daily Telegraph

Posted November 8th, 2013 in cautions, disciplinary procedures, hospitals, news, nurses, professional conduct by tracey

“A nurse who worked at Stafford Hospital has been given a five year caution after she was found guilty of putting patients in danger, angering families who want ‘someone held responsible’ for the scandal.”

Full story

Daily Telegraph, 8th November 2013

Source: www.telegraph.co.uk

A cautionary tale – Halsbury’s Law Exchange

“Justice Secretary Chris Grayling has announced a ‘radical’ overhaul of simple cautions whereby their use will be banned in dealing with all indictable-only offences – ie serious offences such as robbery and serious assault that can only be tried in a Crown Court before a jury –and possession of any offensive weapon (including a knife), supplying Class A drugs and a range of sexual offences against children, including child prostitution and pornography.”

Full story

Halsbury’s Law Exchange, 4th October 2013

Source: www.halsburyslawexchange.co.uk

Instant Justice – BBC Unreliable Evidence

Posted October 3rd, 2013 in cautions, crime, news, penalties, police, victims by sally

“The widespread use of on-the-spot fines, fixed penalties, cautions and other ‘out of court disposals’ has raised concerns that the criminal justice system is being undermined.”

Listen

BBC Unreliable Evidence, 2nd October 2013

Source: www.bbc.co.uk

Chris Grayling: Simple cautions for serious offences to be scrapped – Ministry of Justice

“Criminals who commit serious offences will no longer receive just a ‘slap on the wrist’ Secretary of State for Justice Chris Grayling announced today in a radical overhaul of ‘simple’ cautions.”

Full press release

Ministry of Justice, 30th September 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Nurse who used Facebook to blow the whistle about poor care escapes being struck off – The Guardian

“A nurse who used Facebook to raise concerns about standards at his hospital has escaped being struck off after a disciplinary panel acknowledged he was passionate about his job and capable.”

Full story

The Guardian, 1st October 2013

Source: www.guardian.co.uk

Retiring magistrate warns of ‘dismay’ over soft justice – Daily Telegraph

“A magistrate who has retired after 25 years on the bench expressed his ‘dismay’ at the way courts have pandered towards rehabilitating criminals rather than punishing them.”

Full story

Daily Telegraph, 1st October 2013

Source: www.telegraph.co.uk

Criticism over England sex offence cautions – BBC News

“At least 1,570 people were cautioned for sex offences across England in the past year, the BBC has learned.”

Full story

BBC News, 30th September 2013

Source: www.bbc.co.uk

Cautions to be scrapped for serious offenders, says Chris Grayling – The Guardian

“Serious offenders will no longer receive a mere ‘slap on the wrist’, the justice secretary has said, as he announced an overhaul of the cautions system.”

Full story

The Guardian, 29th September 2013

Source: www.guardian.co.uk