Download or read book HC 850 Criminal Cases Review Commission written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2015 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Cases Review Commission (CCRC) was set up in 1997, by the Criminal Appeal Act 1995, on the recommendation of the Royal Commission on Criminal Justice. The CCRC investigates alleged miscarriages of justice, post-conviction and post-appeal, and has the power to refer cases back to the Court of Appeal for reconsideration. The Committee held a one-off evidence session on the work of the CCRC in January 2014, and then sought some views on the issues raised. The Committee subsequently decided to hold an inquiry on the CCRC, and launched it with a general call for evidence. The "real possibility" test, which requires that for a referral to be made there must be a real possibility that the conviction or sentence would not be upheld on appeal, was one of the most controversial aspects of the CCRC. The Committee found that criticisms broadly fell into one of three areas: that the test itself is wrong; that the test is being applied incorrectly by the CCRC; or that the Court of Appeal's approach to criminal appeals is overly restrictive. The Committee's considers each of these areas in turn. Critics of the test felt that it inherently prevents the CCRC from being truly independent of the Court of Appeal. The Committee concludes that any change would have to be in light of a change to the Court of Appeal's grounds for allowing appeals.

Download or read book HC 309 Prisons Planning and Policies written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2015 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the Committee's first major inquiry on prisons planning and policies in this Parliament, and it has provided an opportunity to consider the impact of the Government's programme of reforms and efficiency savings across the prison estate. These policies have been implemented alongside the creation of working prisons and resettlement prisons, designed to improve the effectiveness of the prison estate in increasing employability and reducing re-offending, as well as the tightening of operational policies on earned privileges and temporary release in order to improve their public credibility. They have also come at a time when the total prison population has returned to very high levels. The Committee expresses concern that despite the Government's efforts to supply sufficient prison places to meet demand, the proportion of prisons that are overcrowded is growing, and the proportion of prisoners held in crowded conditions remains at almost a quarter, with consequent effects on the ability to maintain constructive regimes. The Committee welcomes the reduction which has taken place in the cost of a prison place, although the Committee notes that it remains high, and is unlikely to fall significantly while the pressures on estate capacity remain at current levels

Download or read book House of Commons Justice Committee Appointment of the Chair of the Office for Legal Complaints HC 916 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013-12-13 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chairmanship of the Office for Legal Complaints is one of the posts which are subject to (non-binding) pre-appointment scrutiny by select committees. Elizabeth France was recruited to the position on 10 October 2008, and the Justice Committee took oral evidence from her on 21 October.

Download or read book HC 311 Impact of Changes to Civil Legal Aid Under Part 1 of the Legal Aid Sentencing and Punishment of Offenders Acvt 2012 written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2015 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the reforms came into effect, there has been a significant underspend in the civil legal aid budget because the MoJ failed to ensure that those who are eligible for legal aid are able to access it. This has been partly been due to a lack of public information, including information about the Civil Legal Advice telephone gateway for debt advice, and the Committee recommends that the MoJ take prompt steps to redress this. The Committee also concludes that the exceptional cases funding scheme has not worked as Parliament intended. It was supposed to act as a safety net, protecting access to justice for the most vulnerable. The Committee expects the MoJ to react rapidly to ensure that the scheme fulfils Parliament's intention that the most vulnerable people are able to access legal assistance. The Government's reforms have led to an increase in the number and a change in the profile of litigants in person: increasingly these are people who have no choice but to represent themselves, and who may thus have difficulty in doing so effectively: although many tribunals are accustomed to dealing with unrepresented litigants the courts have to expend more resources in order to assist them. The MoJ has not been able to demonstrate that it has achieved value for money for the taxpayer. Although significant savings have been achieved, efforts to target legal aid at those who most need it have focused on intervention aimed at the point after a crisis has already developed, rather than on prevention.

Download or read book Fifty ninth report of session 2010 12 written by Great Britain: Parliament: House of Commons: European Scrutiny Committee and published by The Stationery Office. This book was released on 2012-03-22 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty-ninth report of Session 2010-12 : Documents considered by the Committee on 14 March 2012, including the following recommendations for debate, White Paper on Pensions; EU criminal justice legislation and detention, report, together with formal Minute

Download or read book Work of the Committee in 2008 09 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2010-01-22 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Work of the Committee In 2008-09 : Second report of session 2009-10, report, together with formal Minutes

Download or read book House of Commons Justice Committee Post legislative Scrutiny Of Part 2 Encouraging Or Assisting Crime Of The Serious Crime Act 2007 HC 639 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013-09-13 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government presented its Post-legislative Scrutiny of the Serious Crime Act 2007 Memorandum to the Home Affairs Committee and Justice Committee in November 2012. The parts of the Memorandum falling within the Justice Committee's remit were a) Serious Crime Prevention Orders and b) Part 2, in particular, offences of encouraging or assisting crime in terms of prosecution and interpretation of the sections by courts and the CPS. There is concern about the trenchant criticism that Part 2 of the Serious Crime Act 2007 received. In addition, Part 2 was the subject of appeals to the Court of Appeal. The report concurs with the academics who wrote that the sections are complex and difficult to understand for lawyers, let alone for defendants, jurors and other lay-people working in the criminal justice system. It raises some key concerns and questions about the purpose of post-legislative scrutiny. It is considered that where the substance of an Act or part of an Act is to create or revise criminal offences it is appropriate for questions of a purely legal or technical nature to be considered. The latest judgment in the case of Sadique may allow the legislation to settle into accepted use and interpretation. However, the Ministry should conduct a further and full post-legislative assessment of Part 2 in 2016. If, in the meantime, the number of appeals on Part 2 increases, the Ministry should consider bringing forward legislative proposals for revising, or even replacing, Part 2 to meet the purpose of the legislation in a less tortuous fashion

Download or read book Crown Dependencies written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2010 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crown Dependencies : Eighth report of session 2009-10, [Vol. 1]: Report, together with formal Minutes

Download or read book Appointment of HM CPS Chief Inspector written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2010-02 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appointment of HM CPS Chief Inspector : Third report of session 2009-10, report, together with formal minutes, oral and written Evidence

Download or read book Draft Civil Law Reform Bill written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2010 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Draft Civil Law Reform Bill : Pre-legislative scrutiny, sixth report of session 2009-10, Vol. 1: Report, together with formal Minutes

Download or read book HC 657 Manorial Rights written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2015 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Manorial rights are certain rights which were retained by lords of the manor in England and Wales when land became freehold in the early 20th century, and can include rights to mines and some minerals, sporting rights such as hunting, shooting and fishing, and rights to hold fairs and markets. In the past such rights were not required to be detailed on theregister of title, but they remained overriding - that is they bound the owner of the affected and even though they may not have known about the rights. Changes made through the Land Registration Act 2002 sought to increase the transparency and knowledge of such rights by requiring that they be registered and removing their overriding status. This Act specified a deadline - October 2013 - by which such rights should be registered to ensure they could not be lost.

Download or read book Brexit A Way Forward written by Marcello Sacco and published by Vernon Press. This book was released on 2019-10-01 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The outcome of the European Union membership referendum in 2016 has presented the United Kingdom with one of its greatest challenges of modern times. As negotiations for an exit strategy continue, this volume looks to open up conversations on the socio-legal implications of such a monumental transition. Aimed at addressing issues relating to Brexit that affect every aspect of British society, this book seeks to not just list the problems but to offer viable solutions for “the way forward”. Divided into three parts, this book presents a comprehensive yet accessible discussion of the impact of Brexit on the United Kingdom. Part I brings together three social studies that reveal that Brexit may be the result of international nationalist narratives, and that the choice to leave the EU is already affecting Brits abroad and the future opportunities for British students. Part II turns its attention to national legal issues that are affected such as the Irish border, waste management, moral copyright, and the support of local enterprises. Lastly, Part III investigates commercial law touching on important topics such as international litigation, insolvency and tax law. As this publication suggests eventual solutions to several issues caused by Brexit, it may be of interest to not only other academics working in the field, but also to policy makers and relevant stakeholders.

Download or read book House of Commons Justice Committee Older Prisoners HC 89 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2013-09-12 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of older prisoners is now very high and is likely to remain so - partly caused by the increase in convictions for historic sexual offences. The growth of the older prison population and the severity of the needs of that population, warrant a national strategy in order to provide for them effectively. Older and disabled prisoners should no longer be held in institutions which cannot meet their basic needs nor should they be released back into the community without adequate support. There are some excellent prison officers and charity workers who are providing essential social care but an ad hoc system means that too often older prisoners have to rely on the goodwill of officers and their fellow inmates to fulfill the most basic of care needs. The responsibility to adapt the prison environment so that it suits less able prisoners lies with a prison's senior management team and the National Offender Management Service (NOMS). NOMS should conduct a comprehensive analysis of prisons' physical compliance with disability discrimination and age equality laws. The Committee does not believe there is a need for the expansion of segregated older prisoner units or wings. However, NOMS should ensure all prisons have an older prisoner policy that provides age and ability specific regimes. Furthermore older prisoners who are released after a long period of incarceration must have a resettlement and care plan. At present older prisoners are frequently released to no fixed abode undermining all work that has been made towards resettlement

Download or read book House of Commons European Scrutiny Home Affairs and Justice Committees The Government s Response to the Committee s Reports on the 2014 Block Opt Out Decision HC 1177 written by Great Britain: Parliament: House of Commons: European Scrutiny Committee and published by The Stationery Office. This book was released on 2014-03-26 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joint response to HC 978, session 2013-14 (ISBN 9780215066169); HC 954, session 2013-14 (ISBN 9780215066091); and HC 972, session 2013-14 (ISBN 9780215066152). These were in turn Government responses to the European Scrutiny Committee's 21st report, HC 683, session 2013-14 (ISBN 9780215063465); the Home Affairs Committee's 9th report, session 2013-14, HC 615, session 2013-14 (ISBN 9780215063410); and the Justice Committee's 8th report, HC 605, session 2013-14 (ISBN 9780215063403) respectively

Download or read book HC 200 Tobacco Smuggling written by Great Britain: Parliament: House of Commons: Home Affairs Committee and published by The Stationery Office. This book was released on 2014-06-14 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an urgent need for improvements to the Government's 'Tackling tobacco smuggling' strategy. It is a matter of grave concern that, despite an increase in the resources over the last three years the numbers of arrests, prosecutions and convictions for organised crime cases involving tobacco have all fallen. It is vital that there is no reduction in enforcement action. The time of Jamaica Inn is over and our fight against tobacco smuggling must be a priority. It is most surprising that no UK tobacco manufacturer has ever been fined for over-supply of products to high-risk overseas markets, and that only one statutory warning letter has been issued. The penalties available are too weak and enforcement too rare. An immediate review should be taken against all historic and ongoing cases in order to ensure those who have committed an offence do not go unpunished. The standardised packaging decision should be made on the basis of health. It is vital that consideration of the potential effects on smuggling is thorough and common sense steps are taken to ensure that criminal gangs do not profit from the Government's decision

Download or read book The proposed abolition of the Youth Justice Board written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2011-11-23 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government has proposed that the Youth Justice Board (YJB) should be abolished, and its inclusion in the Public Bodies Bill is currently the subject of 'ping pong' between the two Houses of Parliament. The YJB is responsible for: advising the Justice Secretary on the operation of the youth justice system; monitoring the performance of that system; purchasing places for, and placing, children and young people remanded or sentenced to custody; disseminating effective practice; making grants to local authorities and others; and commissioning research and publishing information. The Government wants to transfer YJB's functions to a Youth Justice Division of the Ministry of Justice, arguing that this will restore direct Ministerial accountability. The Committee point out that if that does happen, certain steps must be taken to ensure that the new Division: is not part of NOMS; benefits from the establishment of a genuinely and visibly independent Advisory Board; improves the dissemination of best practice; and exercises 'light touch' oversight of Youth Offending Teams.

Download or read book HC 310 Joint Enterprise Follow Up written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2014 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Report the Committee returns to follow up the Report which was published in January 2012 (ISBN 9780215040589) on the operation of the common-law doctrine of joint enterprise, which forms part of the criminal law relating to secondary liability. The types of cases considered are those in which P and D participate together in one crime and in the course of it P commits a second crime which D had foreseen he might commit: in such cases, under joint enterprise, D may also be charged and convicted of the second offence. The Committee considers in this report the impact of the guidance for prosecutors in joint enterprise cases which the Crown Prosecution Service (CPS) produced in response to one of the 2012 recommendations, taking into account statistics on murder and manslaughter cases with two or more defendants in 2012 and 2013 which the CPS also produced. The Committee concludes that the level of concern about the operation of joint enterprise, especially in murder cases, is such that it is no longer acceptable for the main authorities in the criminal justice system to give such limited attention and priority to the recording and collation of information and reommends that the Ministry of Justice establish a system to enable production of regular statistics on joint enterprise prosecutions, convictions and appeals. This report sets out a range of other concerns and questions which continue to be raised about the application of the doctrine, including the scale of use of joint enterprise, the question as to whether joint enterprise is being used as a social policy tool, the high number of Black and mixed race young men who have been convicted of joint enterprise offences. The evidence heard in this second inquiry into the subject has increased disquiet at the functioning of the law on joint enterprise and the Committee is no longer of the view that it is satisfactory for a consultation to be held on the Law Commission's previous proposals on joint enterprise.