RECOMMENDATION FOR DEPORTATION FOLLOWING A CRIMINAL CONVICTION

Size: px
Start display at page:

Download "RECOMMENDATION FOR DEPORTATION FOLLOWING A CRIMINAL CONVICTION"

Transcription

1 RECOMMENDATION FOR DEPORTATION FOLLOWING A CRIMINAL CONVICTION About the LCCSA The London Criminal Courts Solicitors Association (LCCSA) represents the interests of specialist criminal lawyers in the London area. Founded in 1948, it now has approximately 1,000 members including Crown prosecutors, defence practitioners, freelance advocates and many honorary members who are circuit judges and district judges. The objectives of the LCCSA are to: - Encourage and maintain the highest standards of advocacy and practice in the criminal courts in and around London; Participate in discussions on developments in the criminal process; Represent and further the interests of the members on any matters which may affect solicitors who practice in the criminal courts; Improve, develop and maintain the education and knowledge of those actively concerned with the criminal courts including those who are in the course of their training. Any questions in relation to this response should be referred to the Association s President Angela Campbell (telephone: , Angelacampbell@campbellchambers.com), Vice- President Linda Woolley (telephone: , lwoolley@kingsleynapley.co.uk) or Jim Meyer (telephone: , MeyerJ@TuckersSolicitors.com). The Association is content for its response to be released/published. Questions and Answers 1. Do you have any general comments about the powers that are given to the courts to make recommendations for deportation, the way in which they are used by the courts at present, or their effectiveness? (paras. 1-6) a. In the absence of statistical data, it is difficult to assess the way in which the Courts use their powers in relation to recommending deportation, and the Association agrees with the Panel that it would be beneficial for sentencers to have some general information about the number of court recommendations that actually result in an offender being deported. Page 1 of 7 Printed: 01/05/2006

2 b. Moreover, in terms of measuring effectiveness, it would seem to us essential that data is collected relating to the number of offenders who find themselves liable to such powers, contrasting this to the number of recommendations actually made. 2. Are there any reasons for concern over the differential impact of recommendations for deportation on offenders of particular nationalities, or on offenders belonging to particular ethnic groups? a. The Association believes that without any data on the ethnicity of offenders recommended for deportation and/or their originating countries, it is difficult to enter in to meaningful discussion regarding the fairness or otherwise of the operation of the current system. b. Although no detailed analysis is undertaken by the Panel, Annex A to its paper shows, for example, that in 2003 drug offences were involved in 61 per cent of the cases in which recommendations for deportation were made, and the Panel surmises that recommendations are, therefore, likely to be made in respect of offenders originating from a relatively small number of countries. This may be oversimplifying the issue: - i. Clearly criminal gangs now operate worldwide, often with representatives based in multiple countries, and the Panel recognises the growth in the international dimensions of crime at paragraph 5 of its paper; ii. The routes for contraband, illicit drugs and other criminal enterprise entering the UK inevitably involves multi-jurisdictions, and different nationalities may be involved in each stage of the process. c. The Association believes that a fundamental element of any scheme within the administration of justice in the United Kingdom and, in particular, any decision to deport following a criminal conviction must be seen to be without bias or prejudice. The only way to measure this is to record the ethnicity and nationality of offenders in the ways discussed above. 3. In what circumstances should a court consider releasing into the community a person in relation to whom it has made a recommendation for deportation? (paras 23-24) a. The Association is concerned that where a short custodial sentence is imposed and the offender is due to be released before the deportation decision has been made, (s)he may continue to be detained under the authority of the Home Secretary pending that decision. b. If, as the Association submits, the trigger point for recommending deportation is a custodial sentence of 12 months or more, and taking in to account eligibility for Home Detention Curfew, there will be a period of at least 32 weeks where the offender is in custody. The Page 2 of 7 Printed: 01/05/2006

3 Association can see no reason why the Home Secretary's decision cannot be made within this period. c. The Home Secretary s decision should be subjected to custody time limits similar to those applied in criminal proceedings, and an automatic timetable imposed. A failure by the Home Secretary to observe such limits should result in the automatic release of the offender. 4. Although the Bail Act itself does not apply in these cases, bearing in mind the risk of absconding or committing further offences, what criteria, over and above those for bail decisions generally, does the court need to consider? (paras 23-24) a. It is difficult to catalogue considerations that relate to these issues over and above those that relate to bail in general criminal proceedings. b. The length of time being taken for the Home Secretary to make a decision will have to be weighed objectively against the complexities of the offender s particular circumstances and, if necessary, a report by the probation service could be prepared shortly before any release date addressing the level of risk of harm to the public and the likelihood of re-offending. A presumption in favour of release may exist where the risk is thought to be low, i.e. where there are no significant current indicators of a risk of harm. 5. The Panel takes the view that sentencers should not use the power to bind over for judgment in cases involving foreign nationals where, following conviction, the court would be minded to consider whether or not to make a recommendation for deportation. Do you agree? (paras 27-28) a. The Association agrees with the panel that sentencers should not use the power to bind over for judgment in such cases, and it can see no sound argument for distinguishing the courts so that only Crown Court judges can act in such a manner. b. Although many may view deportation as more than simply an ancillary issue but a punishment in itself, the Association believes that the current system is the fairest way of administering justice to offenders: - i. Sentencers must first determine the sentence which is appropriate for the offence committed, and only then go on to consider the issue of deportation; ii. The Association believes that a recommendation for deportation should form no part of the punishment of the offender: - Page 3 of 7 Printed: 01/05/2006

4 1. Defendants should have some degree of certainty of the consequences of their actions, and an offender who is a British Citizen should face the same punishment as a foreign national convicted by a British Court; 2. The fact that a recommendation for deportation has been made by a judge should not mitigate the actual sentence imposed for the criminal offending; 3. The primary purpose in making a recommendation should be the protection of British citizens and/or society. 6. The Panel s view is that the key question in considering whether to make a recommendation is whether the offence is serious enough to merit deportation. Do you agree? (paras 29-44) a. The Association agrees with the Panel that the key question is whether the offence is so serious as to merit such a course of action. b. Magistrates and judges have been trained for many years that the correct approach to sentencing an offender is to begin with an assessment of the seriousness of the offences. A sentencer will take in to account all factors which make a particular offence more or less serious, and will ultimately assess the risk of harm to the public and the likelihood of reoffending. Key indicators will include: - i. An analysis of the offence itself, taking in to account, for example, statutory aggravating factors, such as racial or religious aggravation, whether the offence forms part of a pattern of offending and whether the offence represents an escalation in the offender s behaviour; ii. An analysis of the offender, taking into account, for example, the existence of previous convictions, and any recognition of the impact and consequences on any victim and society as a whole. c. The Association believes that although a proper consideration is whether the offender s continuing presence in this country may be a detriment to society, there is a danger that when applying such a test one sentencer s view may differ considerably from another. It is the Association s view that such an approach will inevitably lead to arbitrariness and unfairness in the application of the decision. In any event, it believes that such a consideration will form part of the sentencer s general assessment of the seriousness of the offence, and that when the sentencer undertakes this process (s)he will determine the ceiling above which the sentence imposed should never rise. This ceiling should also determine whether a recommendation is made. Page 4 of 7 Printed: 01/05/2006

5 7. What makes an offence serious enough for a recommendation for deportation to be considered? Should it be determined by the type of offence, the nature of the sentence given or a balance between the two? If by the nature of the sentence, what type of sentence should be the trigger? (paras 29-44) a. The Association believes that the ceiling described in 6.c above should also be seen as the trigger for a recommendation for deportation. b. The type of offence will necessarily form part of the assessment of its seriousness during the sentencing process. However, if the type alone is to be the determinative factor, the Association agrees with the Panel s analysis that this would not allow for a wide range of offending behaviour, and offenders could well be recommended for deportation for a fairly minor first offence where the assessment of risk and re-offending is low. c. The Association s view is that an offence is serious enough for a recommendation for deportation if a sentence of imprisonment is imposed. 8. If you think that the trigger point should be a custodial sentence, should the normal trigger point be a custodial sentence of 12 months or more? If not, why not? (paras 29-44) a. The Association believes that the normal trigger point should be the imposition of a custodial sentence of 12 months or more. 9. Do you agree that there should be a rebuttable presumption of a recommendation for deportation for certain specific offences such as drugs offences, sex offences, homicide, firearms offences, fraud and the trafficking of people? If not, why not? If yes, do you agree with the suggested offences? (paras 29-44) a. The Association does not believe that there should be a rebuttable presumption for deportation for certain offences. The fact is, offences of the type mentioned almost inevitably attract a lengthy custodial sentence, and will therefore reach the trigger point of 12 months imprisonment. If they do not, for example due to circumstances such as those outlined in R v Ariquat, the trigger is not reached and no recommendation / referral for deportation should be made. b. The Association emphasises that recommending deportation should not be seen as a punishment, and respectfully disagrees with the sentiments of the Court in N (Kenya) v Secretary of State for the Home Department 1, set out at paragraph 42 of the consultation document. The overriding principle should be the protection of British citizens and/or society and this consideration will form part of the analysis of the seriousness of the offence (see 6 above). 1 [2004]EWCA (Civ) 1094 Page 5 of 7 Printed: 01/05/2006

6 10. Do you agree that the assessment of whether or not the detriment resulting from an offender s continued presence in this country is likely to be substantial will depend primarily on the seriousness of the offence? If not, on what other factors does it depend? (paras 29-44) a. The Association agrees that whether or not the detriment resulting from an offender s presence in this country is likely to be substantial will depend on the seriousness of the offence. All of the factors referred to by the Panel at paragraph 44 of their consultation document fall to be decided during the assessment outlined in 6.b above. 11. What factors should the courts take into account when considering whether a recommendation for deportation would be compliant with Article 8? (paras 46-50) a. The Association emphasises the point that recommending deportation should not be viewed as part of the offender s punishment, and that the decision-maker is ultimately the Secretary of State. b. It is for the Secretary of State to decide whether the interference with family life by deportation is necessary, and ultimately (s)he will be accountable to ensure that any derogation from this general right is in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder and crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. c. When exercising this judgment, the Secretary of State should as a matter of course invite submissions on behalf of the offender, specifically addressing: - i. The likelihood of re-offending; and ii. Any harm to innocent persons (for example, the offender s family) were (s)he to be deported. d. Funding arrangements should be guaranteed for the submissions outlined in 11.c above, and the Home Secretary s decision liable to Judicial Review. 12. What weight should be given to the fact that the final decision on whether or not to deport an offender in response to a court recommendation rests with the Home Secretary, who will have access to a much wider range of information relevant to that decision? (paras 46-50) a. Although intelligence and other material not available to the sentencer will make a valuable contribution to the ultimate decision to be taken by the Home Secretary, care must be taken that so far as possible the process is transparent and subject to scrutiny. Page 6 of 7 Printed: 01/05/2006

7 b. The weight attached to such material will depend on a multitude of issues, including source, veracity and the ability of the offender to challenge any assertions made. 13. Are there any other issues relating to the making of a court recommendation for deportation that have not been raised in this consultation paper and which you think the Panel should consider? a. The Association wishes to make it clear that it is not recommending that all offenders who are sentenced to 12 months or more imprisonment should be deported to their countries of origin. Rather, it is of the opinion that such a decision should form no part of the sentencing process. b. The Association believes that the term recommended for deportation should be substituted with referred for deportation or automatically liable to deportation. The proposals that it is suggesting in effect means that any non-british citizen sentenced to 12 months or more imprisonment will be referred to the Home Secretary for a decision as to his/her future in this country. In these circumstances, there would be no room for discretion on the part of the sentencing tribunal. Page 7 of 7 Printed: 01/05/2006

London Criminal Courts Solicitors Association. Response to the Sentencing Advisory Panel Consultation Paper on Bail Act Offences

London Criminal Courts Solicitors Association. Response to the Sentencing Advisory Panel Consultation Paper on Bail Act Offences London Criminal Courts Solicitors Association Response to the Sentencing Advisory Panel Consultation Paper on Bail Act Offences 1 The London Criminal Courts Solicitors Association (LCCSA) represents the

More information

S G C. Reduction in Sentence. for a Guilty Plea. Definitive Guideline. Sentencing Guidelines Council

S G C. Reduction in Sentence. for a Guilty Plea. Definitive Guideline. Sentencing Guidelines Council S G C Sentencing Guidelines Council Reduction in Sentence for a Guilty Plea Definitive Guideline Revised 2007 FOREWORD One of the first guidelines to be issued by the Sentencing Guidelines Council related

More information

Guidance on Immigration Bail for Judges of the First-tier Tribunal (Immigration and Asylum Chamber)

Guidance on Immigration Bail for Judges of the First-tier Tribunal (Immigration and Asylum Chamber) Tribunals Judiciary Judge Clements, President of the First-tier Tribunal (Immigration and Asylum Chamber) Presidential Guidance Note No 1 of 2018 Guidance on Immigration Bail for Judges of the First-tier

More information

Quick Reference Guides to Out of Court Disposals

Quick Reference Guides to Out of Court Disposals Quick Reference Guides to Out of Court Disposals Effective from: 8 th April 2013 Contents QUICK REFERENCE GUIDES TO INDIVIDUAL DISPOSALS 4 Out-of-Court Disposals overview 4 What? 4 Why? 4 When? 5 National

More information

The Criminalisation of Victims of Trafficking

The Criminalisation of Victims of Trafficking The Criminalisation of Victims of Trafficking Legal Framework The UK is bound by the Council of Europe Convention on Action against Trafficking in Human Beings referred to as the Trafficking Convention.

More information

The Code. for Crown Prosecutors

The Code. for Crown Prosecutors The Code for Crown Prosecutors January 2013 Introduction 1.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences

More information

Guideline Judgments Case Compendium - Update 2: June 2006 CASE NAME AND REFERENCE

Guideline Judgments Case Compendium - Update 2: June 2006 CASE NAME AND REFERENCE SUBJECT CASE NAME AND REFERENCE (A) GENERIC SENTENCING PRINCIPLES Sentence length Dangerousness R v Lang and others [2005] EWCA Crim 2864 R v S and others [2005] EWCA Crim 3616 The CPS v South East Surrey

More information

Bail Amendment Bill 2012

Bail Amendment Bill 2012 Bail Amendment Bill 2012 4 May 2012 Attorney-General Bail Amendment Bill 2012 PCO15616 (v6.2) Our Ref: ATT395/171 1. I have reviewed this Bill for consistency with the New Zealand Bill of Rights Act 1990.

More information

Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court

Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court Contents Part 1 Underpinning knowledge...3 1.1 An understanding

More information

Immigration Act 2014 Article 8 ECHR

Immigration Act 2014 Article 8 ECHR Immigration Enforcement Immigration Act 2014 Article 8 ECHR Presented by Criminality Policy Team 2) Aims and Objectives Aim to explain the new Article 8 provisions in the Nationality, Immigration and Asylum

More information

Bail: An Abridged Overview of Federal Criminal Law

Bail: An Abridged Overview of Federal Criminal Law Bail: An Abridged Overview of Federal Criminal Law Charles Doyle Senior Specialist in American Public Law July 31, 2017 Congressional Research Service 7-5700 www.crs.gov R40222 Summary This is an overview

More information

SUBMISSION FROM BAIL FOR IMMIGRATION DETAINEES (BID) FOR THE CONSULTATION ON CODES OF PRACTICE FOR CONDITIONAL CAUTIONS

SUBMISSION FROM BAIL FOR IMMIGRATION DETAINEES (BID) FOR THE CONSULTATION ON CODES OF PRACTICE FOR CONDITIONAL CAUTIONS 28 Commercial Street, London E1 6LS Tel: 020 7247 3590 Fax: 020 7426 0335 Email: enquiries@biduk.org www.biduk.org Winner of the JUSTICE Human Rights Award 2010 Conditional Cautions Code of Practice Ministry

More information

Bladed Articles and Offensive Weapons

Bladed Articles and Offensive Weapons Bladed Articles and Offensive Weapons DEFINITIVE GUIDELINE Definitive Guideline Contents Applicability of guideline 2 Bladed Articles and Offensive Weapons 3 Possession Bladed Articles and Offensive Weapons

More information

BPTC syllabus and curriculum 2017/18

BPTC syllabus and curriculum 2017/18 BPTC syllabus and curriculum 2017/18 1 Contents Civil litigation and evidence... 4 Introduction... 4 1 General Matters... 5 2 Limitation... 6 3 Pre-action Conduct... 7 4 Commencing Proceedings... 8 5 Parties...

More information

Criminal casework Standard paragraphs for bail summaries

Criminal casework Standard paragraphs for bail summaries Criminal casework Standard paragraphs for bail summaries Page 1 of 61 Guidance Standard paragraphs for bail summaries 4.0 Valid from 11 August 2014 Standard paragraphs for bail summaries About this guidance

More information

APPROPRIATE ADULT AT LUTON POLICE STATION

APPROPRIATE ADULT AT LUTON POLICE STATION PROCEDURES APPROPRIATE ADULT AT LUTON POLICE STATION Version 1 Date: August 2013 Version No Date of Review Brief Description Amended Section Editor Date for next Review V 1 August 2013 ARREST AND DETENTION

More information

Examinable excerpts of. Bail Act as at 30 September 2018 PART 1 PRELIMINARY

Examinable excerpts of. Bail Act as at 30 September 2018 PART 1 PRELIMINARY Examinable excerpts of Bail Act 1977 as at 30 September 2018 1A Purpose PART 1 PRELIMINARY The purpose of this Act is to provide a legislative framework for the making of decisions as to whether a person

More information

Annex C: Draft guideline

Annex C: Draft guideline Bladed Articles and Offensive Weapons Guideline Consultation 43 Annex C: Draft guideline POSSESSION Bladed Articles and Offensive Weapons Possession Possession of an offensive weapon in a public place

More information

Law Commission consultation on the Sentencing Code Law Society response

Law Commission consultation on the Sentencing Code Law Society response Law Commission consultation on the Sentencing Code Law Society response January 2018 The Law Society 2018 Page 1 of 12 Introduction The Law Society of England and Wales ( The Society ) is the professional

More information

Breach Offences Guideline Consultation 61. Annex C: ANNEX C. Draft guidelines. Breach of a Community Order Criminal Justice Act 2003 (Schedule 8)

Breach Offences Guideline Consultation 61. Annex C: ANNEX C. Draft guidelines. Breach of a Community Order Criminal Justice Act 2003 (Schedule 8) Breach Offences Guideline Consultation 61 Annex C: Draft guidelines Breach of a Community Order Criminal Justice Act 2003 (Schedule 8) 62 Breach Offences Guideline Consultation Breach of Community Order

More information

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe, Recommendation CM/Rec(2010)1 of the Committee of Ministers to member states on the Council of Europe Probation Rules (Adopted by the Committee of Ministers on 20 January 2010 at the 1075th meeting of the

More information

Sentencing guidelines and the Sentencing Council

Sentencing guidelines and the Sentencing Council Sentencing guidelines and the Sentencing Council Overview of Presentation Evolution of guidelines The Sentencing Council Developing guidelines Comparison with Minnesota Example of guidelines Evolution

More information

S G C. Dangerous Offenders. Sentencing Guidelines Council. Guide for Sentencers and Practitioners

S G C. Dangerous Offenders. Sentencing Guidelines Council. Guide for Sentencers and Practitioners S G C Sentencing Guidelines Council Dangerous Offenders Guide for Sentencers and Practitioners CONTENTS PART ONE Introduction 5 PART TWO PART THREE Criteria for imposing sentences under the dangerous

More information

National Guide. for the new Criminal Justice Act 2003 sentences for public protection. Edition 1 Version 1 June 2005

National Guide. for the new Criminal Justice Act 2003 sentences for public protection. Edition 1 Version 1 June 2005 CRIMINAL JUSTICE ACT 2003 IMPLEMENTATION National Guide for the new Criminal Justice Act 2003 sentences for public protection Edition 1 Version 1 June 2005 This Guide is intended for practitioners and

More information

BRIEFING HOW TO START REDUCING THE PRISON POPULATION

BRIEFING HOW TO START REDUCING THE PRISON POPULATION BRIEFING HOW TO START REDUCING THE PRISON POPULATION July 2018 Dear Rory, Thank you so much for coming to speak to CJA members in May and articulating your determination to address some of the prison service

More information

Consultation on the 2011 Bail Guidance Joint submission from the Immigration Law Practitioners Association and Bail for Immigration Detainees

Consultation on the 2011 Bail Guidance Joint submission from the Immigration Law Practitioners Association and Bail for Immigration Detainees Consultation on the 2011 Bail Guidance Joint submission from the Immigration Law Practitioners Association and Bail for Immigration Detainees 1. The Immigration Law Practitioners Association (ILPA) is

More information

Sexual Offences Definitive Guideline DEFINITIVE GUIDELINE

Sexual Offences Definitive Guideline DEFINITIVE GUIDELINE Sexual Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 7 Rape and assault offences 9 Rape 9 Sexual Offences Act 2003 (section 1) Assault by penetration 13 Sexual

More information

The Categorisation and Recategorisation of Adult Male Prisoners SELF HELP TOOLKIT

The Categorisation and Recategorisation of Adult Male Prisoners SELF HELP TOOLKIT The Categorisation and Recategorisation of Adult Male Prisoners SELF HELP TOOLKIT The production of this Prisoner Self Help Toolkit was funded thanks to the generous support of The Legal Education Foundation

More information

DEFINITIVE GUIDELINE. Sexual Offences Definitive Guideline

DEFINITIVE GUIDELINE. Sexual Offences Definitive Guideline DEFINITIVE GUIDELINE Sexual Offences Definitive Guideline Contents Applicability of guideline 7 Rape and assault offences 9 Rape Sexual Offences Act 2003 (section 1) 9 Assault by penetration Sexual Offences

More information

The General Teaching Council for Scotland Fitness to Teach Rules 2017 These Rules are available in alternative formats on request

The General Teaching Council for Scotland Fitness to Teach Rules 2017 These Rules are available in alternative formats on request DRIVING FORWARD PROFESSIONAL STANDARDS FOR TEACHERS The General Teaching Council for Scotland Fitness to Teach Rules 2017 These Rules are available in alternative formats on request Table of Contents

More information

Imposition of Community and Custodial Sentences Definitive Guideline

Imposition of Community and Custodial Sentences Definitive Guideline Imposition of Community and Custodial Sentences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 2 Imposition of Community Orders 3 Imposition of Custodial Sentences 7 Suspended

More information

(Approved by PSB on 8 December 2016)

(Approved by PSB on 8 December 2016) MEMBERSHIP APPLICATION SUB COMMITTEE GUIDELINES 2017 A: MASC 1. MASC s purpose and scope (Approved by PSB on 8 December 2016) Save in cases where the Delegated Authority of the Case Investigator applies

More information

The bail tribunal does not have the jurisdiction to assess the lawfulness of detention.

The bail tribunal does not have the jurisdiction to assess the lawfulness of detention. Submission from Bail for Immigration Detainees (BID) to the Home Affairs Select Committee in the wake of the Panorama programme: Panorama, Undercover: Britain s Immigration Secrets About BID Bail for Immigration

More information

THE IMMIGRATION ACTS. Before THE HONOURABLE LORD BURNS (SITTING AS A JUDGE OF THE UPPER TRIBUNAL) DEPUTY UPPER TRIBUNAL JUDGE FROOM.

THE IMMIGRATION ACTS. Before THE HONOURABLE LORD BURNS (SITTING AS A JUDGE OF THE UPPER TRIBUNAL) DEPUTY UPPER TRIBUNAL JUDGE FROOM. Upper Tribunal (Immigration and Asylum Chamber) THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 15 August 2017 On 28 September 2017 Before THE HONOURABLE LORD BURNS (SITTING

More information

Justice Committee. Criminal Justice (Scotland) Bill. Written submission from Victim Support Scotland

Justice Committee. Criminal Justice (Scotland) Bill. Written submission from Victim Support Scotland Justice Committee Criminal Justice (Scotland) Bill Written submission from Victim Support Scotland INTRODUCTION 1. Victim Support Scotland welcomes the introduction of the Criminal Justice (Scotland) Bill.

More information

Criminal Justice Act 2003

Criminal Justice Act 2003 Criminal Justice Act 2003 CHAPTER 44 CONTENTS PART 1 AMENDMENTS OF POLICE AND CRIMINAL EVIDENCE ACT 1984 1 Extension of powers to stop and search 2 Warrants to enter and search 3 Arrestable offences 4

More information

Number 14 of Criminal Justice Act 2017

Number 14 of Criminal Justice Act 2017 Number 14 of 2017 Criminal Justice Act 2017 Number 14 of 2017 CRIMINAL JUSTICE ACT 2017 Section 1. Definition CONTENTS 2. Amendment of Criminal Justice Act 1984 3. Amendment of Criminal Justice (Public

More information

Proposal. Budget sensitive. In confidence. Office of the Minister of Justice. Chair. Cabinet Social Policy Committee REFORM OF FAMILY VIOLENCE LAW

Proposal. Budget sensitive. In confidence. Office of the Minister of Justice. Chair. Cabinet Social Policy Committee REFORM OF FAMILY VIOLENCE LAW Budget sensitive In confidence Office of the Minister of Justice Chair Cabinet Social Policy Committee REFORM OF FAMILY VIOLENCE LAW Paper Three: Prosecuting family violence Proposal 1. This paper is the

More information

IN THE HIGH COURT OF JUSTICE IN THE MATTER OF THE CRIMINAL PROCEDURE CODE CAP 2 OF THE REVISED LAWS OF GRENADA (SECTION 49)

IN THE HIGH COURT OF JUSTICE IN THE MATTER OF THE CRIMINAL PROCEDURE CODE CAP 2 OF THE REVISED LAWS OF GRENADA (SECTION 49) IN THE SUPREME COURT OF GRENADA AND THE WEST INDIES ASSOCIATED STATES GRENADA CLAIM NO. GDAHCV 2012/ 0492 BETWEEN: IN THE HIGH COURT OF JUSTICE IN THE MATTER OF THE CRIMINAL PROCEDURE CODE CAP 2 OF THE

More information

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe Recommendation Rec(2006)13 of the Committee of Ministers to member states on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse (Adopted

More information

Breach Offences Definitive Guideline DEFINITIVE GUIDELINE

Breach Offences Definitive Guideline DEFINITIVE GUIDELINE Breach Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 2 Breach of a community order 3 Breach of a suspended sentence order 7 Breach of post-sentence supervision

More information

Domestic Abuse (Scotland) Bill [AS PASSED]

Domestic Abuse (Scotland) Bill [AS PASSED] Domestic Abuse (Scotland) Bill [AS PASSED] CONTENTS Section PART 1 OFFENCE AS TO DOMESTIC ABUSE Engaging in course of abusive behaviour 1 Abusive behaviour towards partner or ex-partner 2 What constitutes

More information

You are therefore liable to disciplinary action in accordance with Bye-law 5.2.2(d)

You are therefore liable to disciplinary action in accordance with Bye-law 5.2.2(d) Disciplinary Panel Hearing Case of David Ager MRICS On Wednesday, 22 August 2018 Paper hearing By telephone Panel Dr Angela Brown (Lay Chair) Rosalyn Hayles (Lay Member) Christopher Pittman (Surveyor Member)

More information

CERTIFICATION PROCEEDING

CERTIFICATION PROCEEDING CERTIFICATION PROCEEDING PURPOSE: TO ALLOW A JUVENILE COURT TO WAIVE ITS EXCLUSIVE ORIGINAL JURISDICTION AND TRANSFER A JUVENILE TO ADULT CRIMINAL COURT BECAUSE OF THE SERIOUSNESS OF THE OFFENSE ALLEGED

More information

Evidence on the sentencing of mothers for the All Party Parliamentary Group Inquiry into the Sentencing of Women

Evidence on the sentencing of mothers for the All Party Parliamentary Group Inquiry into the Sentencing of Women Evidence on the sentencing of mothers for the All Party Parliamentary Group Inquiry into the Sentencing of Women Submitted by Dr Shona Minson, Centre for Criminology, University of Oxford The submission

More information

A GUIDE. for. to assist with LIAISON AND THE EXCHANGE OF INFORMATION. when there are simultaneous

A GUIDE. for. to assist with LIAISON AND THE EXCHANGE OF INFORMATION. when there are simultaneous A GUIDE for THE POLICE THE CROWN PROSECUTION SERVICE LOCAL SAFEGUARDING CHILDREN BOARDS to assist with LIAISON AND THE EXCHANGE OF INFORMATION when there are simultaneous CHAPTER 8 SERIOUS CASE REVIEWS

More information

Introduction. I - General remarks: Paragraph 5

Introduction. I - General remarks: Paragraph 5 Comments on the draft of General Comment No. 35 on Article 9 of the ICCPR on the right to liberty and security of person and freedom from arbitrary arrest and detention This submission represents the views

More information

Derbyshire Constabulary SIMPLE CAUTIONING OF ADULT OFFENDERS POLICY POLICY REFERENCE 06/122. This policy is suitable for Public Disclosure

Derbyshire Constabulary SIMPLE CAUTIONING OF ADULT OFFENDERS POLICY POLICY REFERENCE 06/122. This policy is suitable for Public Disclosure Derbyshire Constabulary SIMPLE CAUTIONING OF ADULT OFFENDERS POLICY POLICY REFERENCE 06/122 This policy is suitable for Public Disclosure Owner of Doc: Head of Department, Criminal Justice Date Approved:

More information

Council meeting 15 September 2011

Council meeting 15 September 2011 Council meeting 15 September 2011 Public business GPhC prosecution policy (England and Wales) Recommendation: The Council is asked to agree the GPhC prosecution policy (England and Wales) at Appendix 1.

More information

Legal Aid Reform Briefing by Resolution July 2011

Legal Aid Reform Briefing by Resolution July 2011 Legal Aid Reform Briefing by Resolution July 2011 Timetable The government published its response to its consultation on Legal Aid Reform on 21 June 2011. It can be downloaded from the Ministry of Justice

More information

Liberty s response to the Home Office Consultation Modernising Police Powers: Review of the Police and Criminal Evidence Act (PACE) 1984

Liberty s response to the Home Office Consultation Modernising Police Powers: Review of the Police and Criminal Evidence Act (PACE) 1984 Liberty s response to the Home Office Consultation Modernising Police Powers: Review of the Police and Criminal Evidence Act (PACE) 1984 June 2007 About Liberty Liberty (The National Council for Civil

More information

1. A young person s criminal record is always destroyed once he/she turns 18 years of age. True or False?

1. A young person s criminal record is always destroyed once he/she turns 18 years of age. True or False? SECTION 5 - QUIZ 1. A young person s criminal record is always destroyed once he/she turns 18 years of age. 2. In Alberta, victims are permitted to know the name of the offender, the charge the offender

More information

Information from Bail for Immigration Detainees: Families separated by immigration detention August 2010

Information from Bail for Immigration Detainees: Families separated by immigration detention August 2010 Information from Bail for Immigration Detainees: Families separated by immigration detention August 2010 From November 2008 to August 2010, Bail for Immigration Detainee s (BID s) family team worked with

More information

Home Detention Curfew SELF HELP TOOLKIT

Home Detention Curfew SELF HELP TOOLKIT Home Detention Curfew SELF HELP TOOLKIT The production of this Prisoner Self Help Toolkit was funded thanks to the generous support of The Legal Education Foundation 1 2 Home Detention Curfew SELF HELP

More information

RESPONSE TO CONSULTATION ON PUBLIC ORDER OFFENCES DRAFT SENTENCING GUIDELINE

RESPONSE TO CONSULTATION ON PUBLIC ORDER OFFENCES DRAFT SENTENCING GUIDELINE 1 RESPONSE TO CONSULTATION ON PUBLIC ORDER OFFENCES DRAFT SENTENCING GUIDELINE Introduction 1. The CBA represents the views and interests of practising members of the criminal Bar in England and Wales.

More information

OFFENDER REHABILITATION BILL HUMAN RIGHTS MEMORANDUM

OFFENDER REHABILITATION BILL HUMAN RIGHTS MEMORANDUM OFFENDER REHABILITATION BILL HUMAN RIGHTS MEMORANDUM Introduction 1. This Memorandum relates to the Offender Rehabilitation Bill, and addresses issues arising in relation to the European Convention on

More information

FINAL RESOURCE ASSESSMENT: FAILING TO SURRENDER TO BAIL

FINAL RESOURCE ASSESSMENT: FAILING TO SURRENDER TO BAIL FINAL RESOURCE ASSESSMENT: FAILING TO SURRENDER TO BAIL 1 INTRODUCTION 1.1 This document fulfils the Council s statutory duty to produce a resource assessment which considers the likely effect of its guidelines

More information

Aggravating factors APPENDIX 2. Summary

Aggravating factors APPENDIX 2. Summary APPENDIX 2 Aggravating factors Summary This guideline deals with those factors that may not be specifically identified in the applicable offencebased guideline, but may still be relevant to sentence depending

More information

Prison Service Order IMMIGRATION AND FOREIGN NATIONALS IN PRISONS ORDER NUMBER Date of Initial Issue 11/01/2008 Issue No.

Prison Service Order IMMIGRATION AND FOREIGN NATIONALS IN PRISONS ORDER NUMBER Date of Initial Issue 11/01/2008 Issue No. Prison Service Order IMMIGRATION AND FOREIGN NATIONALS IN PRISONS ORDER NUMBER 4630 Date of Initial Issue 11/01/2008 Issue No. 287 This updates and replaces the previous PSO issued in July 2006. PSI Amendments

More information

Criminal Procedure (Reform and Modernisation) Bill 2010

Criminal Procedure (Reform and Modernisation) Bill 2010 Digest No. 1819 Criminal Procedure (Reform and Modernisation) Bill 2010 Date of Introduction: 15 November 2010 Portfolio: Select Committee: Published: 18 November 2010 by John McSoriley BA LL.B, Barrister,

More information

This overview was originally prepared by the Department of Justice and Regulation and is reprinted here with its kind permission.

This overview was originally prepared by the Department of Justice and Regulation and is reprinted here with its kind permission. (Stage One) Act 2017 Overview of changes commencing 21 May 2018 All section references are to the Act 1977, unless otherwise indicated. This overview was originally prepared by the Department of Justice

More information

Serious Crime Bill (HL) Briefing for House of Commons Second Reading

Serious Crime Bill (HL) Briefing for House of Commons Second Reading Serious Crime Bill (HL) Briefing for House of Commons Second Reading June 2007 For further information contact: Sally Ireland, Senior Legal Officer (Criminal Justice) Tel: (020) 7762 6414 Email: sireland@justice.org.uk

More information

Upper Tribunal (Immigration and Asylum Chamber) DA/00303/2016 THE IMMIGRATION ACTS

Upper Tribunal (Immigration and Asylum Chamber) DA/00303/2016 THE IMMIGRATION ACTS Upper Tribunal (Immigration and Asylum Chamber) DA/00303/2016 Appeal Number: THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 4 July 2017 On 7 July 2017 Before UPPER TRIBUNAL

More information

Submitted by: Mr. Alfredo Baroy (represented by counsel, Mr. Theodore Te)

Submitted by: Mr. Alfredo Baroy (represented by counsel, Mr. Theodore Te) HUMAN RIGHTS COMMITTEE Baroy v. The Philippines Communication No 1045/2002 31 October 2003 CCPR/C/79/D/1045/2002* ADMISSIBILITY Submitted by: Mr. Alfredo Baroy (represented by counsel, Mr. Theodore Te)

More information

Sentencing Council Consultation on the Robbery Guideline

Sentencing Council Consultation on the Robbery Guideline Sentencing Council Consultation on the Robbery Guideline A response by Victim Support January 2015 Victim Support is the independent charity for victims and witnesses of crime in England and Wales. Last

More information

MENTAL HEALTH LEGISLATION: VICTIM NOTIFICATION SCHEMES

MENTAL HEALTH LEGISLATION: VICTIM NOTIFICATION SCHEMES MENTAL HEALTH LEGISLATION: VICTIM NOTIFICATION SCHEMES Introduction 1. This non-statutory guidance is for responsible medical officers (RMOs) exercising statutory functions under the Mental Health (Care

More information

Joint protocol between Police Scotland and the Crown Office & Procurator Fiscal Service. In partnership challenging domestic abuse

Joint protocol between Police Scotland and the Crown Office & Procurator Fiscal Service. In partnership challenging domestic abuse Joint protocol between Police Scotland and the Crown Office & Procurator Fiscal Service In partnership challenging domestic abuse Purpose 1. We recognise that domestic abuse can have a significant and

More information

YOUTH COURT BENCH BOOK...

YOUTH COURT BENCH BOOK... YOUTH COURT BENCH BOOK... JANUARY 2013 Foreword BY THE HONOURABLE MRS JUSTICE DOBBS DBE Since the last Youth Court Bench Book was issued back in 2005, there have been several changes. The most recent,

More information

JUDGMENT. R v Smith (Appellant)

JUDGMENT. R v Smith (Appellant) Trinity Term [2011] UKSC 37 On appeal from: [2010] EWCA Crim 530 JUDGMENT R v Smith (Appellant) before Lord Phillips, President Lord Walker Lady Hale Lord Collins Lord Wilson JUDGMENT GIVEN ON 20 July

More information

GETTING PROBATION APPROVAL FOR YOUR IMMIGRATION BAIL ADDRESS (PRIVATE ADDRESS)

GETTING PROBATION APPROVAL FOR YOUR IMMIGRATION BAIL ADDRESS (PRIVATE ADDRESS) GETTING PROBATION APPROVAL FOR YOUR IMMIGRATION BAIL ADDRESS (PRIVATE ADDRESS) July 2017 Bail for Immigration Detainees (BID) is a national charity that provides legal advice and representation to individuals

More information

The Pre-Tariff Review Process SELF HELP TOOLKIT

The Pre-Tariff Review Process SELF HELP TOOLKIT The Pre-Tariff Review Process SELF HELP TOOLKIT The production of this Prisoner Self Help Toolkit was funded thanks to the generous support of The Legal Education Foundation 1 The Pre-Tariff Review Process

More information

Surname. Other Names. Candidate Signature

Surname. Other Names. Candidate Signature A Surname Other Names Centre Number For Examiner s Use Candidate Number Candidate Signature General Certificate of Secondary Education June 2015 Law Unit 1 The English Legal System 41601 Monday 11 May

More information

SECOND SUBMISSION ON THE PAROLE BILL 2016 DEPARTMENT OF JUSTICE AND EQUALITY

SECOND SUBMISSION ON THE PAROLE BILL 2016 DEPARTMENT OF JUSTICE AND EQUALITY SECOND SUBMISSION ON THE PAROLE BILL 2016 DEPARTMENT OF JUSTICE AND EQUALITY NOVEMBER 2017 2 Contents 1. Introduction... 4 2. Summary of Recommendations... 5 3. Nature of Parole... 7 4. Membership of the

More information

Ensuring Children s Right to Education. Guidance on the legal measures available to secure regular school attendance

Ensuring Children s Right to Education. Guidance on the legal measures available to secure regular school attendance Ensuring Children s Right to Education Guidance on the legal measures available to secure regular school attendance This guidance was produced in consultation with: Magistrates Association, Justices Clerks

More information

The learner can: 1.1 Explain the requirements of a lawful arrest.

The learner can: 1.1 Explain the requirements of a lawful arrest. Unit 11 Title: Criminal Litigation Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the powers of the police to arrest and detain a person for the purpose of investigating a criminal

More information

Pleading guilty. The Law in Victoria. The Court Process. Your guide to. Sentencing. in a criminal matter. defence lawyers

Pleading guilty. The Law in Victoria. The Court Process. Your guide to. Sentencing. in a criminal matter. defence lawyers Pleading guilty in a criminal matter Your guide to The Law in Victoria The Court Process Sentencing Written by Shaun Pascoe and Kristina Kothrakis defence lawyers Index 3 3 4 5 5 6 6 7 8 8 Pleading Guilty

More information

ADULT COURT PRONOUNCEMENT CARDS

ADULT COURT PRONOUNCEMENT CARDS ADULT COURT PRONOUNCEMENT CARDS Contents Sentencing: 1 Criminal behaviour order 1 Individual support order 2 Community order 3 Custodial sentence 7 Deferment of sentence 9 Discharge absolute 10 Discharge

More information

Terrorism Offences Definitive Guideline DEFINITIVE GUIDELINE

Terrorism Offences Definitive Guideline DEFINITIVE GUIDELINE Terrorism Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 4 Preparation of terrorist acts Terrorism Act 2006 (section 5) Explosive substances (terrorism only) Causing

More information

Summary. Background. A Summary of the Law Commission s Recommendations

Summary. Background. A Summary of the Law Commission s Recommendations Summary Background 1. Deprivation of Liberty Safeguards (DoLS) were introduced in England and Wales as an amendment to the Mental Capacity Act in 2007. DoLS provides legal safeguards for individuals who

More information

Intimidatory Offences Definitive Guideline DEFINITIVE GUIDELINE

Intimidatory Offences Definitive Guideline DEFINITIVE GUIDELINE Intimidatory Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 4 Harassment (putting people in fear of violence) 5 Protection from Harassment Act 1997 (section 4)

More information

ISSUES FOR DISCUSSION

ISSUES FOR DISCUSSION BAIL HEARINGS ISSUES FOR DISCUSSION Saskatoon Criminal Defence Lawyers Association December 1, 1998 Fall Seminar, 1998: Bail Hearings and Sentencing Also available to members at the SCDLA Web site: http://www.lexicongraphics.com/scdla.htm

More information

FACT SHEET. Juveniles (children aged 16 or under):

FACT SHEET. Juveniles (children aged 16 or under): FACT SHEET Introduction Arrest and Bail It is important for our clients to have an appreciation of their rights when it comes to such things as being arrested or being granted bail. However, in the event

More information

CONSULTATIVE COUNCIL OF EUROPEAN JUDGES (CCJE) Opinion of the CCJE Bureau

CONSULTATIVE COUNCIL OF EUROPEAN JUDGES (CCJE) Opinion of the CCJE Bureau CCJE-BU(2017)10 Strasbourg, 2 November 2017 CONSULTATIVE COUNCIL OF EUROPEAN JUDGES (CCJE) Opinion of the CCJE Bureau following the request of the Bulgarian Judges Association to provide an opinion with

More information

The learner can: 1.1 Explain the requirements of a lawful arrest.

The learner can: 1.1 Explain the requirements of a lawful arrest. Unit 11 Title: Criminal Litigation Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the powers of the police to arrest and detain a person for the purpose of investigating a criminal

More information

Overarching Principles Sentencing Youths

Overarching Principles Sentencing Youths Appendix Sentencing Guidelines Council Overarching Principles Sentencing Youths Definitive Guideline1 1. 2009 Sentencing Guidelines Council. Reproduced by kind permission. 230 Youth Justice and The Youth

More information

This submission 4. This submission addresses each of the questions raised in the Committee s consultation paper in turn.

This submission 4. This submission addresses each of the questions raised in the Committee s consultation paper in turn. Email: enquiries@biduk.org www.biduk.org Winner of the JUSTICE Human Rights Award 2010 Bail for Immigration Detainees: Submission to the Tribunal Procedures Committee Consultation on Changes to the Tribunal

More information

MENTAL HEALTH (JERSEY) LAW 2016

MENTAL HEALTH (JERSEY) LAW 2016 Mental Health (Jersey) Law 2016 Arrangement MENTAL HEALTH (JERSEY) LAW 2016 Arrangement Article PART 1 5 INTERPRETATION, APPLICATION AND OTHER GENERAL PROVISIONS 5 1 Interpretation... 5 2 Minister s primary

More information

Sentencing Act Examinable excerpts of PART 1 PRELIMINARY. 1 Purposes

Sentencing Act Examinable excerpts of PART 1 PRELIMINARY. 1 Purposes Examinable excerpts of Sentencing Act 1991 as at 10 April 2018 1 Purposes PART 1 PRELIMINARY The purposes of this Act are (a) to promote consistency of approach in the sentencing of offenders; (b) to have

More information

TITLE CRIMINAL JUSTICE AND IMMIGRATION ACT 2008 (PROVISIONS COMMENCING IN JULY 2008)

TITLE CRIMINAL JUSTICE AND IMMIGRATION ACT 2008 (PROVISIONS COMMENCING IN JULY 2008) Circular 2008/01 TITLE CRIMINAL JUSTICE AND IMMIGRATION ACT 2008 (PROVISIONS COMMENCING IN JULY 2008) Issue date 7 July 2008 For more information Contact Telephone Email This circular is addressed to Copies

More information

Seeking Refuge? A handbook for asylum-seeking women UPDATE 2014 FOLLOWING CHANGES TO THE IMMIGRATION RULES ON FAMILY MIGRATION

Seeking Refuge? A handbook for asylum-seeking women UPDATE 2014 FOLLOWING CHANGES TO THE IMMIGRATION RULES ON FAMILY MIGRATION Seeking Refuge? A handbook for asylum-seeking women UPDATE 2014 FOLLOWING CHANGES TO THE IMMIGRATION RULES ON FAMILY MIGRATION What does this Update cover? Please note that the law on asylum and the asylum

More information

SUPREME COURT OF QUEENSLAND

SUPREME COURT OF QUEENSLAND SUPREME COURT OF QUEENSLAND CITATION: Mentink v Commissioner for Queensland Police [2018] QSC 151 PARTIES: FILE NO: BS6265 of 2018 DIVISION: PROCEEDING: WILFRED JAN REINIER MENTINK (applicant) v COMMISSIONER

More information

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY CRI THE QUEEN ROBERT JOHN BROWN SENTENCING NOTES OF ANDREWS J

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY CRI THE QUEEN ROBERT JOHN BROWN SENTENCING NOTES OF ANDREWS J IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY CRI 2005-020-003954 THE QUEEN v ROBERT JOHN BROWN Hearing: 30 July 2008 Appearances: C R Walker for the Crown D H Quilliam for the Prisoner Judgment: 30

More information

Smith (paragraph 391(a) revocation of deportation order) [2017] UKUT 00166(IAC) THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE CANAVAN.

Smith (paragraph 391(a) revocation of deportation order) [2017] UKUT 00166(IAC) THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE CANAVAN. Smith (paragraph 391(a) revocation of deportation order) [2017] UKUT 00166(IAC) Upper Tribunal (Immigration and Asylum Chamber) THE IMMIGRATION ACTS Heard at Field House On 11 January 2017 Decision Promulgated

More information

Robbery Definitive Guideline DEFINITIVE GUIDELINE

Robbery Definitive Guideline DEFINITIVE GUIDELINE Robbery Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 2 Robbery street and less sophisticated commercial 3 Theft Act 1968 (section 8(1)) Robbery professionally planned commercial

More information

THERE IS AN ORDER MADE PURSUANT TO S 240 LAWYERS AND CONVEYANCERS ACT 2006 FOR THE SUPPRESSION OF MEDICAL DETAILS.

THERE IS AN ORDER MADE PURSUANT TO S 240 LAWYERS AND CONVEYANCERS ACT 2006 FOR THE SUPPRESSION OF MEDICAL DETAILS. THERE IS AN ORDER MADE PURSUANT TO S 240 LAWYERS AND CONVEYANCERS ACT 2006 FOR THE SUPPRESSION OF MEDICAL DETAILS. PLEASE SEE ORDER 5 ON PAGE 10 FOR FULL SUPPRESSION DETAILS. NEW ZEALAND LAWYERS AND CONVEYANCERS

More information

Crimes (Sentencing Procedure) Act 1999 No 92

Crimes (Sentencing Procedure) Act 1999 No 92 New South Wales Crimes (Sentencing Procedure) Act 1999 No 92 Summary of contents Part 1 Preliminary Part 2 Penalties that may be imposed Division 1 General Division 2 Alternatives to full-time detention

More information

Drug Offences Definitive Guideline

Drug Offences Definitive Guideline Drug Offences Definitive Guideline DEFINITIVE GUIDELINE Contents For reference Drug Offences only. Definitive Guideline 1 Applicability of guideline 2 Fraudulent evasion of a prohibition by bringing into

More information

Human Rights and Arrest, Pre-Trial and Administrative Detention

Human Rights and Arrest, Pre-Trial and Administrative Detention Human Rights and Arrest, Pre-Trial and Administrative Detention (based on chapter 5 of the Manual on Human Rights for Judges, Prosecutors and Lawyers: A Trainer s Guide) 1. International Rules Relating

More information

ENGLAND BOXING DISCIPLINARY PROCEDURE

ENGLAND BOXING DISCIPLINARY PROCEDURE ENGLAND BOXING DISCIPLINARY PROCEDURE DEFINITIONS Code: EB: EB Committee: EB Officer: Procedure: the England Boxing Code of Conduct; England Boxing Limited (RCN: 02817909) whose registered office is The

More information

JUDGMENT. R (on the application of Gibson) (Appellant) v Secretary of State for Justice (Respondent)

JUDGMENT. R (on the application of Gibson) (Appellant) v Secretary of State for Justice (Respondent) Hilary Term [2018] UKSC 2 On appeal from: [2015] EWCA Civ 1148 JUDGMENT R (on the application of Gibson) (Appellant) v Secretary of State for Justice (Respondent) before Lord Mance, Deputy President Lord

More information