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29 September 2023 / Roger Smith
Issue: 8042 / Categories: Opinion , Constitutional law
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Prison escapes & constitutional lessons

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Roger Smith muses on breakouts, scapegoats & political expediencies

On 7 September 2023, Alex Chalk made a Commons statement on the escape of Daniel Khalife from HM Prison Wandsworth. The lord chancellor announced a positive flood of investigations including the individual circumstances of the escape, categorisation and placement of prisoners within Wandsworth, the location of convicted terrorists within the prison estate, and the training of prison staff. He ended with what was clearly intended as a positive rallying cry: ‘Daniel Khalife will be found and he will be made to face justice.’

All this was as you might expect. The usual shouting after the barn door closes. It is as it ever has been. Five Category A prisoners have escaped since 1995 (Khalife was category B). Around ten prisoners have escaped from prison or escort per year during the past decade. Escapes come with prisons. Notoriously, Ronnie Biggs hopped over the walls of Wandsworth in 1965. Walter ‘Angel Face’ Probyn, the ‘Hoxton Houdini’, escaped from prison 16 times back in the 1950s and 1960s. Ted Blair even got out of Wandsworth

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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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