header-logo header-logo

Indeterminate sentence provision unlawful

07 February 2008
Issue: 7307 / Categories: Legal News , Legal services , Procedure & practice , Profession
printer mail-detail

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

Fox & Partners—Nikki Edwards

Fox & Partners—Nikki Edwards

Employment boutique strengthens litigation bench with partner hire

Fladgate—Milan Kapadia

Fladgate—Milan Kapadia

Partner appointed to dispute resolution team

Carey Olsen—Louise Stothard

Carey Olsen—Louise Stothard

Employment law offering in Guernsey expands with new hire

NEWS
Law students and graduates can now apply to qualify as solicitors and barristers with the Crown Prosecution Service (CPS)
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
Peter Kandler’s honorary KC marks long-overdue recognition of a man who helped prise open a closed legal world. In NLJ this week, Roger Smith, columnist and former director of JUSTICE, traces how Kandler founded the UK’s first law centre in 1970, challenging a profession that was largely seen as 'fixers for the rich and apologists for criminals'
back-to-top-scroll