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Crime Brief

16 May 2008
Issue: 7321 / Categories: Features , Profession , Immigration & asylum , Mental health
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CDS Direct >> Funding >> Bad Character

Criminal Justice and Immigration Act 2008

This major piece of legislation received Royal Assent on 8 May, and will have a major impact on sentencing in both magistrates’ and crown courts. No formal timetable for commencement has been set, but it is widely expected that new provisions relating to the sentencing of dangerous offenders will be brought in to force as early as July 2008. A future Crime Brief will consider the provisions in full and the Act itself is available at www.opsi.gov.uk.
Mentally disordered people

The Home Office has issued a circular (7 of 2008, see www.circulars.homeoffice.gov.uk) dealing with places of safety for mentally disordered people. Duty solicitors frequently encounter people detained under the Mental Health Act 1983, s 136 and should therefore make themselves familiar with the content of this circular, and in particular para 2.2:

“Every effort should be made to ensure that a police station is used only on an exceptional basis in cases, for example, where the person’s behaviour would pose

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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