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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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