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10 May 2007
Issue: 7272 / Categories: Legal News
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Revoke automatic prison recall system, says Lord Phillips

Released offenders guilty of technical breaches of licences should not automatically be sent back to jail, the Lord Chief Justice says.

Lord Phillips says the current recall system had become a “trapdoor to prison” and was a major reason for the record numbers of those locked up in England and Wales.

Concern about the impact of automatic recalls is rife within both the criminal justice system and the government, Phillips said  in his speech to the Probation Boards Association’s centenary conference, and it will therefore hopefully be dropped by the new Justice Ministry, which starts work this week when the Home Office is split.

Recent research shows, said Phillips, that up to 48% of prisoners in some jails were there for technical breaches of their licence. Approximately 800 offenders a month are being sent back to prison for breaching their licences, which has helped push the prison population past the record 80,000 mark.
“I have concerns about a system that requires the automatic return to custody where conditions of a community sentence or

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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