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07 February 2008
Issue: 7307 / Categories: Legal News , Legal services , Procedure & practice , Profession
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Indeterminate sentence provision unlawful

Sentencing

The government has acted unlawfully in its use of indeterminate sentences, the Court of Appeal has ruled.

The court upheld an earlier High Court decision, which found that the Ministry of Justice had failed in its duty to provide the requisite courses that would allow prisoners to be considered for parole.

In R (on the application of Walker) v Secretary of State for Justice; R (on the application of James) v Secretary of State for Justice, the lord chief justice, Lord Phillips said: “This appeal has demonstrated an unhappy state of affairs. There has been a systemic failure on the part of the secretary of state to put in place the resources necessary to implement the scheme of rehabilitation necessary to enable the relevant provisions of the Criminal Justice Act 2003 to function as intended.” A spokesman for the Ministry of Justice says the department will consider an appeal against the judgment.

Probation officer Julian Broadhead says:

“Jack Straw has only himself and his colleagues to blame for this situation. It was always obvious that a large number of people would be sentenced to indeterminate sentences and placed in a prison system that was already unable to get determinate prisoners through the required programmes in time to be considered by the Parole Board.”

Broadhead doubts whether any further appeal would be successful. “Mr Straw cannot believe that there is any reasonable likelihood of success in a further appeal. Presumably he is stalling for time while more programmes are put in place,” he adds.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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