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What a mess!

09 August 2007 / Julian Broadhead
Issue: 7285 / Categories: Opinion
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Sentences of imprisonment for public protection are under-funded and ineffective, says Julian Broadhead

Is there a man or woman among us who has not puzzled on what the government was thinking when it created the indeterminate sentence for public protection (IPP)? In April 2005, at a time when the prisons were full to overflowing and the lifer population had doubled in a decade, the Criminal Justice Act 2003, ss 225 and 226 introduced what is in effect another form of life sentence. But whereas a few hundred life sentences are passed each year, over 3,000 people are now serving an indeterminate sentence for public protection—and that is only in the first two years. It has been officially estimated that the total indeterminate prison population—currently 9,000 including lifers—will have reached 25,000 by 2012. An unimaginable prospect in terms of prison management maybe, but by no means unrealistic, on current trends. One did not need to be a soothsayer to envisage this situation (see 155 NLJ 7174, p 641); why did the government not see it?

WELLS AND

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MOVERS & SHAKERS

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

Excello Law—Heather Horsewood & Darren Barwick

Excello Law—Heather Horsewood & Darren Barwick

North west team expands with senior private client and property hires

Ward Hadaway—Paul Wigham

Ward Hadaway—Paul Wigham

Firm boosts corporate team in Newcastle to support high-growth technology businesses

NEWS
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
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