‘Following plans announced at the Conservative Party’s recent conference to withdraw from the European Convention on Human Rights, Harriet Johnson reminds us why we signed it in the first place, and underlines why it remains such an important safeguard over half a century later.’
Doughty Street Chambers, 3rd October 2014
Source: www.doughtystreet.co.uk
‘A solicitor has been jailed for practising despite being struck off nearly two years ago in what is thought to be the first time a court has imposed an immediate custodial sentence for such an offence.’
Legal Futures, 25th September 2014
Source: www.legalfutures.co.uk
‘In a recent case the Court of Appeal found fault with a sentence of 2 years imprisonment imposed on a man who had in his possession indecent images of children. The Court thought the appropriate starting point after trial to be in the order of 15-18 months, meaning in this case an actual sentence of 10 – 12 months, of which the offender would serve only half. So be it you might think.’
CrimeLine, 17th September 2014
Source: www.crimeline.info
‘Nick Clegg announced last week that a pledge to abolish prison sentences for the possession of drugs for personal use will form part of the Liberal Democrat’s manifesto for the next election. The manifesto commitment would include a promise to move the drug policy lead from the Home Office to the Department of Health, and would seek to divert users into treatment for their addiction, community sentences, or to civil penalties that do not attract a criminal record. The plans would even extend to the possession of Class A substances such as heroin and crack cocaine. This is a controversial proposal, but does it have merit?’
Halsbury’s Law Exchange, 11th August 2014
Source: www.halsburyslawexchange.co.uk
‘Criminals jailed by magistrates’ courts in England and Wales will no longer be excused from victim surcharge payments by serving extra prison time.’
BBC News, 8th August 2014
Source: www.bbc.co.uk
‘Last week we read that the Centre for Social Justice, a think tank set up by Iain Duncan Smith, has promulgated a new approach to sentencing, based on an American model. Those of you who are not of tender years will recall another approach to sentencing we took from the Americans – the sentencing guidelines; look how well they have turned out.’
Halsbury’s Law Exchange, 19th May 2014
Source: www.halsburyslawexchange.co.uk
‘Tougher penalties have come into force for dog owners in England and Wales who allow their pets to attack people.’
BBC News, 13th May 2014
Source: www.bbc.co.uk
‘Chris Grayling announced an intention to amend the Criminal Justice and Courts Bill to include a provision providing for a six-month minimum sentence for a second knife-related offence. This was met with opposition from Grayling’s Liberal coalition partners (more of which later).’
Halsbury’s Law Exchange, 6th May 2014
Source: www.halsburyslawexchange.co.uk
‘A man has been sentenced to twelve weeks imprisonment for cutting off an eight-week-old puppy’s tail using a sharp tool.’
The Independent, 16th April 2014
Source: www.independent.co.uk
‘A man has been sentenced to 15 months in prison after he breached the terms of the terror prevention measures placed upon him by the home secretary.’
BBC News, 16th April 2014
Source: www.bbc.co.uk
‘It would be disproportionate to introduce automatic unlimited fines and prison sentences for UK taxpayers with offshore assets on which they have not paid the correct taxes, as trailed by the Chancellor of the Exchequer at the weekend, an expert has said.’
OUT-LAW.com, 14th April 2014
Source: www.out-law.com
‘Offenders are choosing to spend extra time in jail rather than pay confiscation orders and the sanctions for such non-payment do not work, the Public Accounts Committee has said.’
Local Government Lawyer, 24th March 2014
Source: www.localgovernmentlawyer.co.uk
‘ Barry George, the man wrongly accused of murdering TV presenter Jill Dando, is taking his £1 million compensation claim to the European Court of Human Rights. Mr George, 53, is seeking compensation for loss of earnings and wrongful imprisonment, after spending eight years in jail for a crime he did not commit.’
Daily Telegraph, 16th March 2014
Source: www.telegraph.co.uk
Regina v McLoughlin; Regina v Newell [2014] EWCA Crim 188; [2014] WLR (D) 82
‘The imposition of a whole life order of imprisonment was not incompatible with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms because the Secretary of State had power under section 30 of the Crime (Sentences) Act 1997 to review such an order where exceptional circumstances had arisen which would justify release on compassionate grounds.
WLR Daily, 18th February 2014
Source: www.iclr.co.uk
‘The two men convicted of murdering Lee Rigby will be sentenced next week, after a key ruling was handed down today regarding the use of whole-life jail terms.’
The Independent, 18th February 2014
Source: www.independent.co.uk
Secretary of State for the Home Department v MG (Case C-400/12); [2014] WLR (D) 4
‘The ten-year period of residence in article 28(3)(a) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77) had to be continuous and calculated by counting back from the date of the decision ordering the expulsion of the person concerned. A period of imprisonment was, in principle, capable both of interrupting the continuity of the period of residence for the purposes of that provision and of affecting the decision regarding the grant of the enhanced protection provided for thereunder, even where the person concerned resided in the host member state for the ten years prior to imprisonment. However, the fact that that person resided in the host member state for the ten years prior to imprisonment could be taken into consideration as part of the overall assessment required in order to determine whether the integrating links previously forged with the host member state had been broken.’
WLR Daily, 16th January 2014
Source: www.iclr.co.uk
Onuekwere v Secretary of State for the Home Department (Case C-378/12); [2014] WLR (D) 7
‘Under article 16(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states, periods of imprisonment in the host member state of a third-country national, who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods, could not be taken into consideration in the context of the acquisition by that national of the right of permanent residence for the purposes of that provision. The continuity of residence was interrupted by periods of imprisonment in the host member state of a third country national who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods for the purposes of article 16(2) and (3).’
WLR Daily, 16th January 2014
Source: www.iclr.co.uk
‘Criminals who go on the run to avoid being sent back to prison could face an extra two years in custody under plans announced by the government.’
BBC News, 18th January 2014
Source: www.bbc.co.uk
‘Maximum sentences for a range of terrorism offences including weapons training will be upgraded from 14 years to life, the Telegraph can reveal.’
Daily Telegraph, 9th January 2014
Source: www.telegraph.co.uk
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