News
Government LASPO Response
Measures announced in the Legal Support Action Plan respond directly to evidence heard during a wide-ranging, year-long review of the changes to legal aid made by the Coalition Government in 2013 under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
The new vision focuses on the individual and prioritises early intervention – giving people the breadth of support they need to solve problems quickly and easily, in many cases before they become entangled in the legal system or need legal representation.
Proposed Reform of Driving Offences
Motorists convicted of causing death by dangerous driving or while under the influence of alcohol or drugs could face life in jail under reforms to the law planned by the government. A new offence of causing serious injury by careless driving could also be introduced, reports The Times. However, similar proposals outlined in 2017 have so far not resulted in the law being changed.
Swindon South MP Robert Buckland QC, who as solicitor general is the second most senior lawyer in the government, has now told The Times that the new laws “will be brought in as soon as there is a legislative opportunity". He added: “The government has made clear that it wishes to toughen the sentences for careless and dangerous driving so that judges have appropriate penalties.”
Parole Board Reforms
Sweeping changes to the parole system to improve transparency, offer better support for victims and new powers to reconsider decisions have been announced by the Justice Secretary David Gauke today, following a review of the Parole Board’s rules.
For the first time, victims will be able to challenge a release decision if they believe it was fundamentally flawed. They will be able to make a case for the decision to be reconsidered without needing to resort to expensive and legally complex judicial review.
The review also sets out how victim contact services are being extended to more people, including victims in cases where a serious charge lies on file but has not resulted in a conviction - as was the case for many of Worboys’ victims.
Alongside today’s publication, the Justice Secretary has also confirmed that he has launched a Tailored Review of the Parole Board which will consider what further changes over the longer term would benefit the parole process.
Pupillage Gateway Deadline Extended
We have decided to extend the Pupillage Gateway deadline until 11am on Monday 11 February 2019.
The Pupillage Gateway, which is provided for the Bar Council by a third party and which was due to close at 11am on Thursday 7 February 2019, saw a high level of applications. Unfortunately, as a result of several IT issues including some corrupt user accounts, the online application system caused delays for many using the system.
Magistrates Association Respond to KnifePO Proposals
The MA supports many of the concerns expressed by other charities and organisations in relation to the proposed Knife Crime Prevention Orders.
We do not believe there is a clearly defined gap in existing police and court powers currently used to respond to possession of knives that would show that these orders are needed. It is unclear what situations these orders would be expected to cover, where out of court disposals, Criminal Behaviour Orders or court sentences are not currently available. Neither youth nor adult magistrates have called for additional powers, and especially in relation to Youth Court, courts already have numerous approaches that can be used in response to knife crime. We are also concerned about how these proposals will be implemented and used in practice.
'Police to get new powers to evict travellers from private land'
Police are to get tough new powers to crackdown on illegal traveller sites on private land including a potential new criminal offence of trespass.
Sajid Javid, the Home Secretary, will today unveil a series of new legal measures to make it easier for police officers to intervene and remove travellers from private land. He will also announce he is considering making it a criminal offence for travellers to trespass on private land when setting up an encampment.
More details can be found in the Government’s consultation response.
Cases
R v A [2019] EWCA Crim 106
The appeal was concerned with three main issues, namely: (1) The need (albeit that judges carry the primary responsibility for their sentences) for practitioners who appear before the courts, particularly prosecutors, to give accurate assistance to judges in relation to sentencing issues, (2) The extent, if at all, to which time spent on remand in local authority accommodation under s.91(3) of the Legal Aid Sentencing and Punishment of Offenders Act 2012 ("the 2012 Act") can be taken into account when passing sentence, (3) If it can be taken into account, what the appropriate mechanism is by which to achieve any consequent reduction.
However, it is plain that a period of remand in local authority accommodation under s.91(3) of the 2012 Act cannot be the subject of automatic credit under the current administrative system – given that section 242(2)(b) of the 2003 Act refers only to remand under s.91(4) of the 2012 Act.
Other
'The day I went to prison, I got my life back'
For many people, receiving a jail sentence would be the worst thing that ever happened to them. But when you've been experiencing domestic abuse - as most female prisoners have - you may see things slightly differently.
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