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13 September 2024
Issue: 8085 / Categories: Legal News , Criminal , Rule of law
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NLJ this week: Are community orders an answer to prison overcrowding?

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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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