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22 January 2010
Issue: 7401 / Categories: Case law , Law digest
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Human rights

R (on the application of O’Dowd (aka Boy George)) v National Probation Service, London [2009] EWHC 3415 (Admin), [2010] All ER (D) 26 (Jan)

The proceedings concerned a challenge by the claimant, a well-known singer, songwriter and disc jockey known as “Boy George” to the decision of the Probation Service precluding him from participating in the television programme “Celebrity Big Brother”.

The court held that the unqualified obligation in s 2(2) of the Criminal Justice and Court Services Act 2000 to have regard to the proper punishment of offenders applied to the management of offenders on licence. When considering what restrictions could properly be placed on offenders as incidents of supervision on licence, as part of a sentence of imprisonment, regard could be had to the expectations of right-thinking members of the democracy under whose laws a judge had imposed that sentence.

Those expectations were not to be discovered by reading editorials, articles or petitions in newspapers, whether broadsheet or tabloid. Right-thinking members of the public would take the view that an offender serving the non-custodial part of a sentence of imprisonment should not be allowed to

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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