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11 February 2016

Reducing sentences for guilty pleas – a new proposed Guideline

The Sentencing Council on 11 February issued a Consultation on Reduction in Sentence for Guilty Pleas.  The Consultation closes on 5 May 2016. This topic is already garnering media interest and there is likely to be further criticism similar to that expressed in the recent Daily Mail article: “Sentences could be slashed for early guilty plea even if overwhelming evidence” (11 February 2016) – so why should sentences be reduced for those who plead guilty to criminal offences? 

11 February 2016

Getting back on the right path - Cameron proposes the greatest reform of prisons since the Victorian era

David Cameron proposed the ‘biggest shake-up of prisons since the Victorian era’ in a speech given on 8 February . Cameron stated that ‘current levels of prison violence, drug-taking and self-harm should shame us all’ and that the ‘failure of our system today is scandalous’. Prisoners should be seen as ‘potential assets to be harnessed’ and, in order to achieve this aim, ‘we should help those who've made mistakes to find their way back onto the right path.’

Jonathan Grimes

11 February 2016

Fitness to plead - time to codify the test?

Following a consultation paper in 2010 and an issues paper in 2014, on 13 January 2016 the Law Commission published its report on unfitness to plead. In that report the Commission criticised the current test for being outdated, inadequate and inconsistent. As a result of these shortcomings, it held that the test was failing its purpose, namely to “accurately and efficiently identify those defendants who…have such impairments in their ability to participate in proceedings that they could not fairly be tried”. We identify the criticisms made by the Commission and its proposals for reform. 

Sophie Wood

11 February 2016

Changes to pre-charge bail in Policing and Crime Bill - about time

The Policing and Crime Bill is navigating its way through the House of Commons, with the first reading taking place on the 10 February. There are a number of interesting provisions in the Bill relating to sexual offences, firearms and the treatment of young people, but what caught my eye were the provisions reforming pre-charge bail. We at Kingsley Napley have called for change in this area for a number of years.

11 February 2016

Tackling knife crime – A new police initiative and tougher sentencing announced

According to recent press, between 2014 and 2015 the Office of National Statistics recorded that possession of knife offences increased by 10%, sexual assaults with knives by 28%, and knife assaults by 13%. These figures spurred the Metropolitan Police to launch Operation Sceptre, a campaign to combat knife crime through tactics ranging from outreach programmes and knife amnesties to increased patrols and weapon sweeps. There is no official definition of ‘knife crime’ but the term broadly encompasses any offence involving a knife regardless of whether it was used to inflict harm. This week saw a series of initiatives against such crime as part of the ongoing campaign of Operation Sceptre, including the use of the hashtag, #StopKnifeCrime. 

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