Law Weblog
Government will keep DNA profiles for six years, not 12
Friday 13 November 2009 at 2:02 am | In News | Post Comment
The European Court of Human Rights (ECHR) ruled last December that the UK Government’s “blanket and indiscriminate” retention of DNA information was not fair and was a “disproportionate interference with the applicants’ right to respect for private life”, as guaranteed by the European Convention on Human Rights.
Earlier this year the Home Office said it planned to retain DNA profiles on innocent people for a maximum period of 12 years.
The plans do not extend to terrorist offences
The UK maintains the largest national DNA database in the world. The Government says it plays an essential role in fighting crime and providing justice for victims. Between April 1998 and September 2009 there were more than 410,589 crimes with DNA matches, providing the police with a lead on the possible identity of the offender.
In addition to DNA profiles on the database, all DNA samples, such as blood, urine or mouth swabs used to create the DNA profile will be destroyed. The Government also plans to give police new powers to take DNA samples from anyone convicted abroad, or convicted before the creation of the DNA database in 1995.
More details here
Recession, what recession?
Friday 13 November 2009 at 1:41 am | In News | Post Comment
The recession has not hurt hundreds of partners at the City’s leading law firms who have earned more than £1 million this year.
Although the number of lawyers who took home seven-figure sums was lower than last year there was still a large number of millionaires. Partners at the ten biggest firms earned an average of £872,000 in 2008-09 according to a report published yesterday by PricewaterhouseCoopers (PwC).
Full details here
Major changes to youth sentencing
Saturday 7 November 2009 at 12:52 pm | In News | Post Comment
On 30th November 2009, almost all youth sentences are replaced by a generic “Youth Rehabilitation Order”. This new order is a product of the Criminal Justice and Immigration Act 2008. The existing requirements, such as Attendance Centre Orders, and fines still exist, but now as part of the generic order.
Implementation has been staggered and so not all provisions start at the same time.
Purposes of sentencing
When sentencing a young offender under the age of 18 the Court must have regard to the following:
• the principal aim of the youth justice system (to prevent offending and reoffending)
• the welfare of the offender
• the purposes of sentencing, which are
o punishment
o reform and rehabilitation
o protection of the public
o reparation to persons affected by offences.
Definitive guidelines (overarching principles) takes effect in relation to youth sentencing and the “scaled approach” will be implemented by all YOTs teams.
There have been many changes in youth sentencing over recent years, but this is the most significant.
The Home Office have produces a useful diagram to introduce this topic, it is here.
All the changes in detail can be read here.
No impropriety by Freemason judges
Friday 6 November 2009 at 6:00 am | In News | 1 Comment
There will no longer be a need for anyone applying to be a judge or a magistrate to declare if they belong to the Freemasonry. To continue the practice would be “disproportionate” because no impropriety has been identified since 1998.
There are existing safeguards that help support the proper performance of judicial functions, including the judicial oath and an official complaints procedure.
In two cases at the European court of human rights Italian Freemasons successfully argued it was discriminatory to be asked to declare membership of a non-secret society.
Article in the Guardian, here.
Derry Irvine on the abolision of the office of Chancellor
Tuesday 3 November 2009 at 2:50 am | In News | Post Comment
Former Lord Chancellor Derry Irvine has revealed how he was sacked by Tony Blair who tried to abolished the role of Lord Chancellor, six years ago.
He says Mr Blair failed to consult either him or the Queen about the plan and discloses how he struggled over three days to stop Mr Blair firing him.
Mr Blair’s approach was ‘high-handed and insensitive’
The whole of Lord Irvine’s submission to the Lords Committee is available here.
Report criticises criminal justice policy
Sunday 1 November 2009 at 7:41 am | In News | Post Comment
Gordon Brown’s adviser on victims’ rights, Sara Payne, has produced a report that will be published this week criticising government criminal justice policy
She calls for more “honest” sentencing system, improved trauma counselling for relatives of murder and manslaughter victims and a fresh approach to how to treat victims and calls for more police officers to combat antisocial behaviour.
Her findings will come as an embarrassment to the government, which has made improving the treatment of victims of crime a top priority.
Early-release schemes and decisions by prison governors often mean six-month jail terms are reduced to six weeks and 28-day sentences are waived to ease overcrowding.
In July 2000, Sara Payne’s daughter was abducted and murdered by a paedophile Roy Whiting who was sentenced to life for her murder.
Lord Chief Justice warns of ‘mayhem’ over lack of legal aid for civil courts
Friday 30 October 2009 at 6:13 am | In News | Post Comment
Lord Judge, the Lord Chief Justice has warned of ”mayhem” if people involved in disputes are priced out of the civil court system because legal aid is not available. He said, ”Society should provide us with a place in which to resolve our disputes. The alternative is mayhem. The alternative is ‘If nobody else will help me, I will have to find somebody who will throw a brick through windows’ or worse.
He was voicing concerns in the legal profession that growing numbers of people are being excluded from the civil courts because the legal aid budget is being swallowed up by an ”exponential” growth in the share going to criminal cases.
The government response is to introduce means testing in the magistrates courts and to introduce it in crown courts.
News report in The Telegraph, here
Computers on trial?
Tuesday 27 October 2009 at 10:18 am | In News | Post Comment
Lord Judge, the Lord Chief Justice predicted last week that in 15 years time, juries in criminal trials might have evidence provided on computers instead of orally.
Jurors are unaccustomed to absorbing information by having people speak to them because the visual and technological has taken over.
Guardian article here
Local crime figures at the touch of a button
Monday 26 October 2009 at 8:08 am | In News | Post Comment
A new interactive national map gives access to local crime statistics and neighbourhood policing details.
The online map allow residents to view figures for all crime as well as burglary, robbery, violence, vehicle crime and anti-social behaviour in their area at the touch of a button.
For the first time people can compare one police area with another, compare figures over a three-month period against the same period for the previous year and see annual crime rates.
The public are also able to see details of their neighbourhood police team, local policing priorities and information about forthcoming local events such as crime prevention meetings and local surgeries.
Online map here
Home Office climbs down over keeping DNA records on innocent
Monday 26 October 2009 at 7:59 am | In News | Post Comment
The Home Office has announced that its plan to keep the DNA profiles of those arrested – but never convicted of a crime – for between six and 12 years depending on the seriousness of the offence has been dropped from the policing and crime bill that is going through parliament.
A European court ruling in December found it was unlawful to keep the DNA details of 850,000 innocent people indefinitely on the national database.
Guardian article here
Powered by WordPress with Pool theme design by Borja Fernandez.
Entries and comments feeds.
Valid XHTML and CSS. ^Top^