imprisonment – Page 56 – Current Awareness

MF (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted October 16th, 2013 in appeals, asylum, deportation, families, human rights, immigration, imprisonment, law reports, proportionality, public interest by sally

MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192; [2013] WLR (D) 380

“The new immigration rules, introduced by Statement of Changes in Immigration Rules (2012) (HC 194) into Statement of Changes in Immigration Rules (1994) (HC 395), which concerned the deportation of foreign criminals and the evaluation of their article 8 rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, were a complete code. Where a foreign criminal came within the provisions of paragraph 399 or 399A of HC395, as amended,, he could be entitled to leave to remain on a limited or indefinite basis on article 8 grounds, but where those paragraphs did not apply very compelling reasons, described as ‘exceptional circumstances’, would be required to outweigh the public interest in deportation.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

Harsher penalties for dangerous dog owners whose pets are involved in violent attacks – The Independent

Posted October 16th, 2013 in bills, consultations, dogs, imprisonment, news, penalties by sally

“The owners of dangerous dogs involved in violent attacks could face similar penalties to those found guilty of causing death by dangerous driving, Home Office Minister Norman Baker has said.”

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The Independent, 15th October 2013

Source: www.independent.co.uk

Jail sentence penalties for data breaches will be consulted on despite Government’s scepticism – OUT-LAW.com

Posted October 14th, 2013 in consultations, data protection, disclosure, fines, imprisonment, inquiries, media, news, prisons, privacy, sentencing by sally

“The Government has reiterated its commitment to consult on introducing custodial sentences as a possible penalty for individuals who breach UK data protection laws.”

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OUT-LAW.com, 11th October 2013

Source: www.out-law.com

War criminal Charles Taylor to serve 50-year sentence in British prison – The Guardian

Posted October 11th, 2013 in imprisonment, news, sentencing, United Nations, war crimes by sally

“Charles Taylor, the convicted former Liberian president, will serve his 50-year sentence for war crimes in a British prison, the ministry of justice has confirmed.”

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The Guardian, 10th October 2013

Source: www.guardian.co.uk

Over-50s make up third of inmates at prison for sex offenders – The Guardian

Posted September 4th, 2013 in elderly, imprisonment, news, sexual offences, standards, statistics by sally

“An English prison that specialises in holding and treating sex offenders has so many prisoners over the age of 50 that it has 26 teams competing in its bowls club, jail inspectors have revealed.”

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The Guardian, 4th September 2013

Source: www.guardian.co.uk

Thieves should not be jailed, says law expert – The Guardian

Posted August 14th, 2013 in community service, criminal damage, fines, fraud, handling stolen goods, imprisonment, news, theft, victims by sally

“Law professor Andrew Ashworth says prison should only be used for most serious violent, threatening or sexual crimes.”

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The Guardian, 14th August 2013

Source: www.guardian.co.uk

London man Andrzej Kulesza’s torture murderer jailed – BBC News

Posted August 8th, 2013 in imprisonment, kidnapping, murder, news, preventing lawful & decent burial, sentencing, torture by sally

“The killer of a man whose remains were found in a field has been jailed for life for his torture murder and kidnap.”

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BBC News, 7th August 2013

Source: www.bbc.co.uk

Bedfordshire Police Constabulary v RU and another – WLR Daily

Posted August 1st, 2013 in children, contempt of court, enforcement, forced marriages, imprisonment, law reports, police by sally

Bedfordshire Police Constabulary v RU and another [2013] EWHC 2350 (Fam); [2013] WLR (D) 319

“There was no power whereby a police force could apply for a person to be committed to prison for contempt of court for breach of a forced marriage protection order where the police themselves were not the applicants who had obtained the order. The relevant departments of state should give urgent consideration to improving the effectiveness of forced marriage protection orders and the means of enforcement.”

WLR Daily, 26th July 2013

Source: www.iclr.co.uk

Lawyers of refugees who were wrongly jailed criticised by Appeal Court – The Independent

Posted July 31st, 2013 in appeals, imprisonment, legal representation, news, possession of false identity documents, refugees, wrongful arrest by sally

“The Appeal Court has criticised the lawyers of five refugees who were wrongly jailed for carrying false documents after fleeing their countries under the threat of persecution.”

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The Independent, 30th July 2013

Source: www.independent.co.uk

Regina (Sturnham) v Parole Board and another (No 2) – WLR Daily

Posted July 12th, 2013 in appeals, imprisonment, judicial review, law reports, parole, public interest, recidivists, release on licence, sentencing, Supreme Court by tracey

Regina (Sturnham) v Parole Board and another (No 2): [2013] UKSC 47; [2013] WLR (D) 274

“The statutory provisions relating to sentences of imprisonment for public protection involved a higher threshold for the imposition of such sentences than for continued detention after the expiry of a prisoner’s minimum term.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

Women being imprisoned unnecessarily, reformers say – Law Society’s Gazette

Posted July 10th, 2013 in imprisonment, magistrates, news, sentencing, women by sally

“Magistrates’ courts are sending fewer women to prison than in previous years but some courts are four times more likely to jail women than others, according to figures obtained by the Howard League for Penal Reform.”

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Law Society’s Gazette, 9th July 2013

Source: www.lawgazette.co.uk

R (on the application of Sturnham) No 2 (Appellant) v The Parole Board of England and Wales and another (Respondents) – Supreme Court

Posted July 8th, 2013 in appeals, homicide, imprisonment, judicial review, law reports, parole, public interest, recidivists, Supreme Court by sally

R (on the application of Sturnham) No 2 (Appellant) v The Parole Board of England and Wales and another (Respondents) [2013] UKSC 46 | UKSC 2013/0152 (YouTube)

Supreme Court, 3rd July 2013

Source: www.youtube.com/user/UKSupremeCourt

Ian Brady should stay in psychiatric hospital, tribunal rules – The Guardian

Posted June 28th, 2013 in imprisonment, mental health, news, prisons, tribunals by tracey

“The Moors murderer Ian Brady should stay in psychiatric hospital, a mental health tribunal has ruled. The judge-led panel decided Brady was still sufficiently mentally ill to continue holding him at Ashworth secure mental hospital in Merseyside, where he has been since 1985.”

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The Guardian, 28th June 2013

Source: www.guardian.co.uk

Ian Brady: Witnessing the tribunal evidence – BBC News

Posted June 26th, 2013 in imprisonment, mental health, news, tribunals by sally

“Moors Murderer Ian Brady spoke publicly for the first time in 47 years as he appeared before a mental health tribunal at Ashworth Hospital.”

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BBC News, 25th June 2013

Source: www.bbc.co.uk

Health and Safety – an Employee’s Duties – One Inner Temple Lane

Posted June 26th, 2013 in employment, health & safety, imprisonment, news by sally

“The law upon health and safety is becoming ever more punitive. Traditionally it had been considered regulatory rather than penal legislation designed to prevent tragedy not punish transgressors. The maximum penalty under the Health and Safety at Work Act 1974 was a fine proportionate to the means of the offender until very recently. For the first time ever under the Health and Safety Offences Act 2008 an offending employee can face custody of up to two years. We can all generally support the principles of the legislation but the removal of a person’s liberty is so serious that it is imperative that cases are defended with vigour.”

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One Inner Temple Lane, 26th June 2013

Source: www.1itl.com

Government to consult on whether to make imprisonment potential sanction for data protection offences – OUT-LAW.com

Posted June 19th, 2013 in consultations, data protection, enforcement, imprisonment, news by sally

“The Government is to consult on whether to introduce new laws that would make it possible for judges to send individuals to jail for offences under the Data Protection Act (DPA).”

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OUT-LAW.com, 19th June 2013

Source: www.out-law.com

Jail reckless bankers, standards commission urges – BBC News

Posted June 19th, 2013 in banking, bills, criminal responsibility, financial regulation, imprisonment, news, reports by sally

“Senior bankers guilty of reckless misconduct should be jailed, a long-awaited report on banking commissioned by the government has recommended.”

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BBC News, 19th June 2013

Source: www.bbc.co.uk

Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another – WLR Daily

Posted May 8th, 2013 in damages, delay, human rights, imprisonment, law reports, parole by sally

Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another [2013] UKSC 23; [2013] WLR (D) 162

“Where it was established on a balance of probabilities that a delay in holding a hearing before the Parole Board, in violation of art 5.4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, had resulted in the detention of a prisoner beyond the date when he would otherwise have been released, damages should ordinarily be awarded as compensation for the resultant detention.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Court terminates father’s parental responsibility – Family Law Week

Posted April 15th, 2013 in child abuse, children, imprisonment, news, parental responsibility, sexual offences by sally

“In the first reported judgment on the issue since 1995, Mr Justice Baker has terminated the parental responsibility of a father who had been imprisoned for sexual abuse of his own child’s half-sisters.”

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Family Law Week, 14th April 2013

Source: www.familylawweek.co.uk