House of Commons - Justice Committee: Older Prisoners - HC 89
House of Commons - Justice Committee: Older Prisoners - HC 89

Author: Great Britain: Parliament: House of Commons: Justice Committee

Publisher: The Stationery Office

Published: 2013-09-12

Total Pages: 148

ISBN-13: 9780215061898

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The number of older prisoners is now very high and is likely to remain so - partly caused by the increase in convictions for historic sexual offences. The growth of the older prison population and the severity of the needs of that population, warrant a national strategy in order to provide for them effectively. Older and disabled prisoners should no longer be held in institutions which cannot meet their basic needs nor should they be released back into the community without adequate support. There are some excellent prison officers and charity workers who are providing essential social care but an ad hoc system means that too often older prisoners have to rely on the goodwill of officers and their fellow inmates to fulfill the most basic of care needs. The responsibility to adapt the prison environment so that it suits less able prisoners lies with a prison's senior management team and the National Offender Management Service (NOMS). NOMS should conduct a comprehensive analysis of prisons' physical compliance with disability discrimination and age equality laws. The Committee does not believe there is a need for the expansion of segregated older prisoner units or wings. However, NOMS should ensure all prisons have an older prisoner policy that provides age and ability specific regimes. Furthermore older prisoners who are released after a long period of incarceration must have a resettlement and care plan. At present older prisoners are frequently released to no fixed abode undermining all work that has been made towards resettlement

The Older Prisoner
The Older Prisoner

Author: Diete Humblet

Publisher: Springer Nature

Published: 2021-01-23

Total Pages: 299

ISBN-13: 303060120X

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This book critically explores the world of older prisoners to provide a more nuanced understanding of imprisonment at old age. Through an ethnographical study of male and female older prisoners in two Belgian prison settings, one in which older prisoners are integrated and one in which they are segregated, it informs debates and seeks to recognise ageist discourse, attitudes, practices in prison. The Older Prisoner seeks to situate the older prisoner from both a penological and gerontological perspective, organised around the following broad themes: the construction of the older prisoner, the physical prison world, the social prison world, surviving prison and giving meaning. The book allows readers to navigate between contrasting perspectives and voices rather than reinforcing traditional narratives and prevailing discourses on the older prisoner. In doing so, it hopes to open up a broader dialogue on ageing and punishment. It also offers insights into the concept of meaning in life as an analytical tool to study prisoners.

House of Commons - Justice Committee: Appointment of HM Chief Inspector of Probation - HC 640
House of Commons - Justice Committee: Appointment of HM Chief Inspector of Probation - HC 640

Author: Great Britain: Parliament: House of Commons: Justice Committee

Publisher: The Stationery Office

Published: 2013

Total Pages: 36

ISBN-13: 9780215062642

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The Justice Committee held a pre-appoointment hearing with the preferred candidate, Mr Paul McDowell. This report contains the oral evidence from that meeting and the Committee approves his appointment. The report also contains correspondence between the Chair of the Committee and the Secretary of State, the job advertisement, the person specification used in the recruitment process, and Mr McDowell's curriculum vitae.

House of Commons - Justice Committee: Fraud, Bribery and Money Laundering Offences Guideline: Consultation - HC 804
House of Commons - Justice Committee: Fraud, Bribery and Money Laundering Offences Guideline: Consultation - HC 804

Author: Great Britain: Parliament: House of Commons: Justice Committee

Publisher: The Stationery Office

Published: 2013-11-08

Total Pages: 20

ISBN-13: 9780215064431

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In line with the Council's overarching approach to sentencing, the draft Guideline puts greater emphasis on the impact the crime has had on the victim than previous guidelines issued by its predecessor body and on culpability, rather than focusing more exclusively on financial loss. We welcome this approach in relation to the six individual guidelines, as we are conscious that victims, particularly vulnerable individuals, may suffer significant financial and psychological harm over the loss of relatively small sums. This report discusses concerns with the new guidelines and makes recommendations for changes to the proposals

House of Commons - Justice Committee: Appointment of the Chair of the Office for Legal Complaints - HC 916
House of Commons - Justice Committee: Appointment of the Chair of the Office for Legal Complaints - HC 916

Author: Great Britain: Parliament: House of Commons: Justice Committee

Publisher: The Stationery Office

Published: 2013-12-13

Total Pages: 44

ISBN-13: 9780215065773

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The chairmanship of the Office for Legal Complaints is one of the posts which are subject to (non-binding) pre-appointment scrutiny by select committees. Elizabeth France was recruited to the position on 10 October 2008, and the Justice Committee took oral evidence from her on 21 October.

House of Commons - Justice Committee: Ministry of Justice Measures in the JHA Block Opt-Out - HC 605
House of Commons - Justice Committee: Ministry of Justice Measures in the JHA Block Opt-Out - HC 605

Author: Great Britain: Parliament: House of Commons: Justice Committee

Publisher: The Stationery Office

Published: 2013-10-31

Total Pages: 44

ISBN-13: 9780215063403

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The Government has struck a reasonable balance in the way it is planning to exercise its right to opt-out of pre-Lisbon Treaty EU policing and criminal justice measures, but the way it has engaged Parliament in the decision-making process has been badly handled and 'cavalier'. The Government left the Commons select committees far too little time to assess the reasons for their decisions on EU justice opt-ins, and did not provide the full impact assessment which was needed. The Committee agrees with the Government's plans to seek to opt back into seven of the sixteen measures, and not to opt into a number of others. The Committee also raises questions about the Government's intention not to opt back into two specific instruments, the Probation Measures Framework Decision and the Framework Decision on the settlement of conflicts of jurisdiction. The Committee also calls on the Government to provide an assessment of the effect of the extension of the jurisdiction of the Court of Justice of the European Union over the measures covered by the opt-out. The Committee also agrees with the Government's proposal to seek to rejoin decisions on data protection in policing and criminal justice, and on a data protection secretariat, but says that the arguments are more finely balanced in relation to the Framework Decision on settlement of conflicts of jurisdiction

HC 309 - Prisons: Planning and Policies
HC 309 - Prisons: Planning and Policies

Author: Great Britain. Parliament. House of Commons. Justice Committee

Publisher: The Stationery Office

Published: 2015

Total Pages: 85

ISBN-13: 0215084268

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This is the Committee's first major inquiry on prisons planning and policies in this Parliament, and it has provided an opportunity to consider the impact of the Government's programme of reforms and efficiency savings across the prison estate. These policies have been implemented alongside the creation of working prisons and resettlement prisons, designed to improve the effectiveness of the prison estate in increasing employability and reducing re-offending, as well as the tightening of operational policies on earned privileges and temporary release in order to improve their public credibility. They have also come at a time when the total prison population has returned to very high levels. The Committee expresses concern that despite the Government's efforts to supply sufficient prison places to meet demand, the proportion of prisons that are overcrowded is growing, and the proportion of prisoners held in crowded conditions remains at almost a quarter, with consequent effects on the ability to maintain constructive regimes. The Committee welcomes the reduction which has taken place in the cost of a prison place, although the Committee notes that it remains high, and is unlikely to fall significantly while the pressures on estate capacity remain at current levels

House of Commons - Justice Committee: Post-legislative Scrutiny Of Part 2 (Encouraging Or Assisting Crime) Of The Serious Crime Act 2007 - HC 639
House of Commons - Justice Committee: Post-legislative Scrutiny Of Part 2 (Encouraging Or Assisting Crime) Of The Serious Crime Act 2007 - HC 639

Author: Great Britain: Parliament: House of Commons: Justice Committee

Publisher: The Stationery Office

Published: 2013-09-13

Total Pages: 40

ISBN-13: 9780215062239

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The Government presented its Post-legislative Scrutiny of the Serious Crime Act 2007 Memorandum to the Home Affairs Committee and Justice Committee in November 2012. The parts of the Memorandum falling within the Justice Committee's remit were a) Serious Crime Prevention Orders and b) Part 2, in particular, offences of encouraging or assisting crime in terms of prosecution and interpretation of the sections by courts and the CPS. There is concern about the trenchant criticism that Part 2 of the Serious Crime Act 2007 received. In addition, Part 2 was the subject of appeals to the Court of Appeal. The report concurs with the academics who wrote that the sections are complex and difficult to understand for lawyers, let alone for defendants, jurors and other lay-people working in the criminal justice system. It raises some key concerns and questions about the purpose of post-legislative scrutiny. It is considered that where the substance of an Act or part of an Act is to create or revise criminal offences it is appropriate for questions of a purely legal or technical nature to be considered. The latest judgment in the case of Sadique may allow the legislation to settle into accepted use and interpretation. However, the Ministry should conduct a further and full post-legislative assessment of Part 2 in 2016. If, in the meantime, the number of appeals on Part 2 increases, the Ministry should consider bringing forward legislative proposals for revising, or even replacing, Part 2 to meet the purpose of the legislation in a less tortuous fashion

Imprisonment of the Elderly and Death in Custody
Imprisonment of the Elderly and Death in Custody

Author: Aleksandr Khechumyan

Publisher: Routledge

Published: 2018-04-17

Total Pages: 204

ISBN-13: 1351371223

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Over the past few decades, there has been a sharp increase in the number of elderly prisoners, and hence a rise in the number of prisoners dying in custody. In this book, Khechumyan questions whether respect for human dignity would justify releasing older and seriously ill prisoners. He also examines the normative justifications which could limit the administration of the imprisonment of the elderly and seriously ill. Khechumyan argues that factors such as a prisoner’s age and health could alter the balance between the legitimate goals of punishment, rendering the continued imprisonment ‘grossly disproportionate’. To address these issues, Articles 3 and 5 of the European Convention of Human Rights are extensively examined. This book is a valuable resource for academics, researchers and policy-makers working in the fields of Criminal Justice, Human Rights Law, and Gerontology.

HC 310 - Joint Enterprise: Follow-Up
HC 310 - Joint Enterprise: Follow-Up

Author: Great Britain. Parliament. House of Commons. Justice Committee

Publisher: The Stationery Office

Published: 2014

Total Pages: 32

ISBN-13: 021508084X

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In this Report the Committee returns to follow up the Report which was published in January 2012 (ISBN 9780215040589) on the operation of the common-law doctrine of joint enterprise, which forms part of the criminal law relating to secondary liability. The types of cases considered are those in which P and D participate together in one crime and in the course of it P commits a second crime which D had foreseen he might commit: in such cases, under joint enterprise, D may also be charged and convicted of the second offence. The Committee considers in this report the impact of the guidance for prosecutors in joint enterprise cases which the Crown Prosecution Service (CPS) produced in response to one of the 2012 recommendations, taking into account statistics on murder and manslaughter cases with two or more defendants in 2012 and 2013 which the CPS also produced. The Committee concludes that the level of concern about the operation of joint enterprise, especially in murder cases, is such that it is no longer acceptable for the main authorities in the criminal justice system to give such limited attention and priority to the recording and collation of information and reommends that the Ministry of Justice establish a system to enable production of regular statistics on joint enterprise prosecutions, convictions and appeals. This report sets out a range of other concerns and questions which continue to be raised about the application of the doctrine, including the scale of use of joint enterprise, the question as to whether joint enterprise is being used as a social policy tool, the high number of Black and mixed race young men who have been convicted of joint enterprise offences. The evidence heard in this second inquiry into the subject has increased disquiet at the functioning of the law on joint enterprise and the Committee is no longer of the view that it is satisfactory for a consultation to be held on the Law Commission's previous proposals on joint enterprise.