CDS Direct >> Funding >> Bad Character
Criminal Justice and Immigration Act 2008
This major piece of legislation received Royal Assent on 8 May, and will have a major impact on sentencing in both magistrates’ and crown courts. No formal timetable for commencement has been set, but it is widely expected that new provisions relating to the sentencing of dangerous offenders will be brought in to force as early as July 2008. A future Crime Brief will consider the provisions in full and the Act itself is available at www.opsi.gov.uk.
Mentally disordered people
The Home Office has issued a circular (7 of 2008, see www.circulars.homeoffice.gov.uk) dealing with places of safety for mentally disordered people. Duty solicitors frequently encounter people detained under the Mental Health Act 1983, s 136 and should therefore make themselves familiar with the content of this circular, and in particular para 2.2:
“Every effort should be made to ensure that a police station is used only on an exceptional basis in cases, for example, where the person’s behaviour would pose an unmanageably high risk to other patients, staff or users
