Law Weblog

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.