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12 June 2008 / Andrew Keogh
Issue: 7325 / Categories: Features , Public , Child law , Family
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Crime brief

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THE CRIMINAL JUSTICE AND IMMIGRATION ACT 2008

The Criminal Justice and Immigration Act 2008 received Royal Assent on 8 May 2008. A number of provisions will come into force over the next two months, with many more changes anticipated during the next 12 months. This month’s Crime Brief details the main changes expected to take place in June and July 2008.

S 10: clarification of threshold for imposing a community sentence

Amends s 148 of the Criminal Justice Act 2003 (CJA 2003) to make clear that just because a community sentence may be passed in relation to an offence; or particular restrictions on liberty may be imposed by a community order or youth rehabilitation order, it does not require a court to pass such a sentence or to impose those restrictions.

S 11: restriction on imposing community sentences

The power to impose community penalties will be restricted to imprisonable offences, or offenders aged over 16 years who have on three or more occasions been sentenced to only a fine.

S 12: pre-sentence reports

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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