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13 September 2024 / Janet Carter
Issue: 8085 / Categories: Opinion , Criminal , Rule of law
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An answer to prison overcrowding?

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Janet Carter on how community orders could help reduce the pressure on prisons

We must reduce the number of passengers leaving court in the prison van and there is a lawful and immediate remedy. It is not an answer to simply suspend the custodial sentence to another day. It is to apply existing law and describe the community order for what it can be—a direct alternative to custody.

Tackling the reluctance

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. We can do this.

The main problem is to combat the fast but flawed process that can so easily happen, which is the over-simplification of the primary legal duty to ‘follow the sentencing guidelines’ (s 59 of the Sentencing Act 2020 (SA 2020)). Magistrates are trained to meticulously consider the list of harm and culpability factors in the specific offence guideline, and

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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