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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

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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