Ken Clarke: Change rules on ‘public danger’ prisoners – BBC News

Posted May 31st, 2016 in dangerous offenders, news, parole, prisons, probation, rehabilitation, sentencing by tracey

‘Former justice secretary Ken Clarke says parole boards should have more power to free criminals jailed because they were a danger to the public. He told BBC Radio 4’s Today programme it was “absurd” to keep prisoners in jail beyond their original terms.’

Full story

BBC News, 30th May 2016

Source: www.bbc.co.uk

Regina v Roberts (Mark) and others- WLR Daily

Regina v Roberts (Mark) and others [2016] EWCA Crim 71

‘In each of the 13 applications before the court, the applicants applied for an extension of time in which to apply for leave to appeal against sentences of imprisonment or detention for public protection (“IPP”)), imposed between 2005 and 2008 under the Criminal Justice Act 2003. Before the sentence of IPP was amended by the Criminal Justice and Immigration Act 2008, the court was required to make the assumption that an offender was dangerous if he had been convicted on an earlier occasion of a specified offence, unless it was unreasonable to do so. Where he was found to be dangerous, and over 18, the court was required to pass a sentence of IPP or life imprisonment; the 2003 Act removed all discretion from the court once it was found that the offender was dangerous. All the applicants had either been detained in custody long after the expiry of the minimum term or had been recalled for breach of licence. The applicants submitted (1) that whatever might have been the position at the time the sentences of IPP were passed, the Court of Appeal had power under section 11 of the Criminal Appeal Act 1968 to pass sentences that, in the light of what had happened over the intervening years, now would be the proper sentence; (2) the Court of Appeal should reconsider the assessments made by sentencing judges in the light of R v Lang [2005] EWCA Crim 2864; [2006] 1 WLR 2509, and (3) a time could and had been reached when the length of the imprisonment was so excessive and disproportionate compared to the index criminal offence that it could amount to inhuman treatment under article 3 or arbitrary detention under article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. That was because the detention no longer had any meaningful link to the index offence. A much delayed review of a sentencing decision could therefore be a mechanism the court could employ to avoid a breach of those Convention Rights. As the period now served by each of the applicants was so much longer than any conceivable determinate sentence would have required, the continued detention amounted to preventative detention and was therefore arbitrary. ‘

WLR Daily, 18th March 2016

Source: www.iclr.co.uk

Number of most dangerous prisoners in special units doubles – report – The Guardian

Posted August 25th, 2015 in dangerous offenders, imprisonment, news, prisons, reports by sally

‘The number of the most dangerous male prisoners in England being held in a special “jail within a jail” system has doubled over the past decade, inspectors have revealed.’

Full story

The Guardian, 25th August 2015

Source: www.guardian.co.uk

GPS tracking of offenders delayed by further 12 months – The Guardian

‘The introduction of the next generation of GPS tracking of offenders, including convicted paedophiles, has been delayed for at least another 12 months, the Ministry of Justice has announced.’

Full story

The Guardian, 14th July 2015

Source: www.guardian.co.uk

Regina (Coll) v Secretary of State for Justice – WLR Daily

Regina (Coll) v Secretary of State for Justice [2015] EWCA Civ 328; [2015] WLR (D) 157

‘In providing approved premises for women released from prison on licence, the Secretary of State for Justice had not discriminated directly under section 13 of the Equality Act 2010 or indirectly under section 19.’

WLR Daily, 31st March 2015

Source: www.iclr.co.uk

Regina v Burinskas; Regina v Phillips (Anthony); Regina v Ahmad (Goram Kamal); Regina v Hanson (John); Regina v Donegan (David); Regina v Smith (Paul Simon); Regina v Mathews (Michael Richard; Regina v Coleman (Barry Tyrone)

Posted March 7th, 2014 in dangerous offenders, sentencing by tracey

Regina v Burinskas; Regina v Phillips (Anthony); Regina v Ahmad (Goram Kamal); Regina v Hanson (John); Regina v Donegan (David); Regina v Smith (Paul Simon); Regina v Mathews (Michael Richard; Regina v Coleman (Barry Tyrone):[2014] EWCA Crim 334; [2014] WLR (D) 110

‘The Court of Appeal, Criminal Division, gave guidance in respect of the effect of changes in the law upon the sentencing of dangerous offenders.’

WLR Daily, 4th March 2014

Source: www.iclr.co.uk

Lifers released on licence to kill again – Daily Telegraph

“Five murderers who were released on licence from their life sentences have killed again in the past four years.”

Full story

Daily Telegraph, 16th September 2013

Source: www.telegraph.co.uk

Murderers and other lifers on day release without adequate risk assessment, watchdogs warn – Daily Telegraph

“Murderers, rapists and other life prisoners are being allowed out on day release without being properly risk assessed, two watchdogs have warned.”

Full story

Daily Telegraph, 12th September 2013

Source: www.telegraph.co.uk

Should prison be reserved for dangerous criminals? – Halsbury’s Law Exchange

Posted March 26th, 2013 in dangerous offenders, detention, news, prisons, sentencing by sally

“This month we saw eight-month sentences handed out to Chris Huhne and his ex-wife Vicky Pryce for perverting the course of justice. Both had been warned to ‘be under no illusion as to the likely sentence’ – the judicial way of saying, ‘expect a custodial sentence’. Of course, the lawyers would tell you that this was inevitable as the courts treat such crimes severely.”

Full story

Halsbury’s Law Exchange, 22nd March 2013

Source: www.halsburyslawexchange.co.uk

Whole life prison terms upheld by Court of Appeal – BBC News

Posted November 21st, 2012 in appeals, dangerous offenders, early release, human rights, murder, news, prisons, rape by sally

“The Court of Appeal has upheld the principle of whole life sentences for the most dangerous of offenders, saying it does not breach human rights.”

Full story

BBC News, 21st November 2012

Source: www.bbc.co.uk

Judges ruling on whole-life case – BBC News

Posted November 21st, 2012 in appeals, dangerous offenders, early release, human rights, judges, murder, news, rape, sentencing by sally

“Five leading judges are to rule on appeals by four convicted criminals against their whole-life tariffs.”

Full story

BBC News, 21st November 2012

Source: www.bbc.co.uk

Legal Aid, Sentencing and Punishment of Offenders Act 2012 – legislation.gov.uk

Legal Aid, Sentencing and Punishment of Offenders Act 2012 published

Full text of Act

Source: www.legislation.gov.uk

Judges will not have to give life terms to repeat dangerous criminals because of human rights laws – Daily Telegraph

Posted March 22nd, 2012 in dangerous offenders, news, recidivists, sentencing by sally

“Judges will not have to impose new ‘two strikes and you’re out’ mandatory life jail terms on all dangerous repeat criminals because of human rights laws, the Government has admitted.”

Full story

Daily Telegraph, 22nd March 2012

Source: www.telegraph.co.uk

Senior judge attacks UK border system after Lithuanian sex offender was able to enter the country – Daily Telegraph

Posted January 19th, 2012 in dangerous offenders, deportation, immigration, news, sexual offences by sally

“A senior judge has railed at the UK border system asking ‘do we let anyone in?’ after a dangerous Lithuanian sex offender was able to enter the country and then rape a woman.”

Full story

Daily Telegraph, 18th January 2012

Source: www.telegraph.co.uk

New Home Office foreign criminals scandal – Daily Telegraph

Posted August 8th, 2011 in dangerous offenders, deportation, news by tracey

“The Home Office was plunged into crisis last night after it wrongly allowed violent foreign prisoners to be freed into the community.”

Full story

Daily Telegraph, 6th August 2011

Source: www.telegraph.co.uk

Early release of hundreds of high-risk offenders condemned as ‘scandalous’ – The Guardian

Posted May 9th, 2011 in dangerous offenders, early release, news by sally

“Hundreds of dangerous offenders, including those assessed as likely killers, are being released into society under a scheme condemned by the probation service as ‘scandalous’.”

Full story

The Guardian, 8th May 2011

Source: www.guardian.co.uk

High risk criminals given community orders – Daily Telegraph

Posted January 24th, 2011 in community service, dangerous offenders, news, sentencing by sally

“Thousands of dangerous criminals are handed community sentences every year despite being a high risk to the public, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 24th January 2011

Source: www.telegraph.co.uk

MAPPA: open and transparent for greater public protection – Ministry of Justice

Posted October 28th, 2010 in criminal records, dangerous offenders, internet, news by sally

“For the first time, numbers relating to the MAPPA status and management levels of all MAPPA offenders living in England and Wales can now be viewed online.”

Full story

Ministry of Justice, 27th October 2010

Source: www.justice.gov.uk

Probation service failing to learn lessons over murder of French students, inquiry finds – The Guardian

Posted November 2nd, 2009 in dangerous offenders, news, probation by sally

“Fresh concerns about the way dangerous offenders are monitored in the community were raised today by a damning investigation into probation service failings after the torture and murder of two French students in London last year.”

Full story

The Guardian, 2nd November 2009

Source: www.guardian.co.uk

Criminals ‘under supervision’: Murderer Dano Sonnex – Daily Telegraph

Posted October 27th, 2009 in dangerous offenders, news, probation by sally

“Blunders in the supervision of violent drug addict Dano Sonnex meant he was free to kill French students Gabriel Ferez and Laurent Bonomo last year.”

Full story

Daily Telegraph, 26th October 2009

Source: www.telegraph.co.uk