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07 February 2008
Issue: 7307 / Categories: Legal News , Legal services , Procedure & practice , Profession
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Indeterminate sentence provision unlawful

Sentencing

The government has acted unlawfully in its use of indeterminate sentences, the Court of Appeal has ruled.

The court upheld an earlier High Court decision, which found that the Ministry of Justice had failed in its duty to provide the requisite courses that would allow prisoners to be considered for parole.

In R (on the application of Walker) v Secretary of State for Justice; R (on the application of James) v Secretary of State for Justice, the lord chief justice, Lord Phillips said: “This appeal has demonstrated an unhappy state of affairs. There has been a systemic failure on the part of the secretary of state to put in place the resources necessary to implement the scheme of rehabilitation necessary to enable the relevant provisions of the Criminal Justice Act 2003 to function as intended.” A spokesman for the Ministry of Justice says the department will consider an appeal against the judgment.

Probation officer Julian Broadhead says:

“Jack Straw has only himself and his colleagues to blame for this situation. It was always obvious that a large number of people would be sentenced to indeterminate sentences and placed in a prison system that was already unable to get determinate prisoners through the required programmes in time to be considered by the Parole Board.”

Broadhead doubts whether any further appeal would be successful. “Mr Straw cannot believe that there is any reasonable likelihood of success in a further appeal. Presumably he is stalling for time while more programmes are put in place,” he adds.

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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