News
Short Custodial Sentences
In setting out his vision, the Justice Secretary stressed he did not want to reverse tougher sentencing for serious crimes, but urged caution in continuing to increase sentence length as a response to concerns over crime.
On sentencing, he said that the high rate of reoffending for those on sentences of less than 6 months showed that for them and wider society “prison simply isn’t working”. There was, he said, “a very strong case to abolish sentences of 6 months or less altogether, with some closely defined exceptions, and put in their place, a robust community order regime”.
The Justice Secretary pledged to set out more detail on probation later this year, and stated that “if we want to successfully make a shift from prison to community sentences it is critical that we have a probation system that commands the confidence of the courts and the public”.
Response to Consultation on Extending Stop and Search to Drones, Lasers and Corrosive Substances
The police have been clear that in certain circumstances, a power to stop and search a person in relation to offences concerning flying a drone within the restriction zone of a licensed aerodrome would enhance their ability to respond should a similar situation arise in the future. We consider such a power to be proportionate and beneficial in enabling the police to tackle incidents causing widespread disruption to the operation of aerodromes and the Government will continue to work with the police to define the detailed scope of this power.
Lasers have become a growing concern, particularly near airports where they can dazzle and distract both pilots and air traffic controllers. Having reviewed the consultation responses, the Government recognises that there are mixed views as to whether extending stop and search powers in relation to this offence is necessary. We hope that existing measures will act as a deterrent against the misuse of lasers, but it is important that the police have the powers they require to enforce these new offences. As this new law only came into force last July, we will continue to monitor the situation carefully and engage the police to further understand their operational requirements...
The use of corrosive substances as a weapon can cause significant harm and injury to individuals, families and communities and the Government is determined to take strong action in response in order to prevent these horrendous attacks. The Offensive Weapons Bill, currently before Parliament, includes a legislative measure to extend stop and search powers for corrosive substances in England and Wales.
'Austerity blamed as prosecutions fall to lowest number on record'
Ministers have been accused of damaging the justice system “at every turn” after the number of suspects dealt with fell to its lowest since records began almost 50 years ago.
Just under 1.6 million people were processed by the criminal justice system in the year to September even though recorded crime in England and Wales rose by more than 8 per cent to 5 million offences in the same period. Figures from the Ministry of Justice showed that the number of prosecutions fell 3.8 per cent, from 1.42 million to 1.36 million in the year to September.
'HMP Peterborough inmates were illegally strip-searched'
The Ministry of Justice (MoJ) failed to prevent systemic breaches of inmates human rights when they were unlawfully strip searched at a privately-run jail.
The judgment can be found here.
Cases
R (on the application of Johnson) v CPS [2019] EWHC 317 (Admin)
The Claimant is the widower of Mrs Lauren Johnson who died on 28 October 2016 having been struck by a car driven by the Interested Party Mr George Steele. The Claimant seeks to challenge the decision of the Crown Prosecution Service not to prosecute Mr Steele for causing death by dangerous driving.
Looked at in a broad common-sense way, the decision contained in the letter of 7 June 2018 was rational and lawful. The conclusion that prosecution was likely to result in a special verdict of not guilty by reason of insanity and an absolute discharge was one that was reasonably open to the Defendant on the evidence. The Defendant has complied with the duty of candour and further disclosure is not necessary to dispose of this matter fairly and justly. The Claimant's grounds are not properly arguable. Accordingly, while echoing the sympathy HHJ Pelling QC expressed for the Claimant and Mrs Johnson's family, I must refuse the application for permission to claim judicial review.
Other
'Shamima Begum: Isis Briton faces move to revoke citizenship'
The row over the fate of Shamima Begum, the British-born teenager who travelled from east London to Syria to join Islamic State in 2015, has taken a further twist as the home secretary ordered she be deprived of her British citizenship.
The Guardian understands the home secretary thinks section 40(2) of the British Nationality Act 1981 gives him the power to strip Begum of her UK citizenship.
Her family have announced that they will be challenging the decision.
Obscurity
Killing a Seal Using Weak Firearms
Killing or injuring a seal using a firearm other than a rifle using ammunition having a muzzle energy of not less than 600 footpounds and a bullet weighing not less than 45 grains is contrary to section 1(1)(b) of the Conservation of Seals Act 1970.
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