header-logo header-logo

13 September 2024
Issue: 8085 / Categories: Legal News , Criminal , Rule of law
printer mail-detail

NLJ this week: Are community orders an answer to prison overcrowding?

188896

In the week that the Lord Chancellor releases 1,700 prisoners early to ease pressure on overcrowded prisons, NLJ author Janet Carter pleads the case for the alternative ‘lawful & immediate remedy’ of community orders

Carter, a retired barrister and Ministry of Justice legal training manager, writes: ‘Sadly, the concept of a community order at custody level is underused and misunderstood, particularly by the lay bench.

‘There is a desperate need for lawyers to tackle the practical misconceptions and illegal shortcuts with clear representations in the courtroom so that the law is properly applied.’

One major hurdle, Carter writes, is ‘the over-simplification’ of the primary legal duty to follow the sentencing guidelines. Magistrates should be reminded of the custodial threshold—that a (suspended) custodial sentence should not be imposed if a community order or fine can be justified instead. Carter urges lawyers to shout this ‘from the rooftops’. 

Issue: 8085 / Categories: Legal News , Criminal , Rule of law
printer mail-details

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll