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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

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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