Nelson Guest & Partners’ Post

Victims of crime can expect swifter justice thanks to extended sentencing powers for magistrates’ courts. Magistrates’ courts will soon be able to hand down prison sentences of up to 12 months for a single offence, double the previous maximum of six months. This aims to reduce operational pressure in prisons, address court backlogs, and deliver faster justice for victims. More: https://lnkd.in/ei_r8fM6

Increase in Magistrates' sentencing powers: Discussions about the increase in magistrates' powers recently could be crucial for an efficient and accessible justice system. This important decision of greater authority/power for magistrates could help streamline processes at the lower court and potentially decrease the case backlogs, ultimately resulting into swift justice for the local communities. Potential benefits of this change: Swift Resolution: Ability to make swift decisions, which may result into less pressure on higher court lists if the cases are dealt with at lower courts because of increased powers of magistrates. Area Specific Justice: With increased powers, magistrates might be able to address localised justice needs and focus upon community/region-specific issues. Strengthening the overall justice system by respecting local needs of communities and societal values. Improved Access: This change might have the potential to demystify legal processes for public, leading towards a more transparent and accessible justice system. Professionals from all walks of life can engage in such discussions (especially legal professionals), contribute towards the betterment of our justice system by their valuable input, and play a vital role by advocating for effective implementations that have the capability to enhance our justice system. Greater authority/power comes with greater responsibility, it is therefore important to ensure that the powers are exercised fairly and responsibly. #Magistrates #MinistryofJusticeUK #LegalReform #LocalJustice #JusticeSystem

As the Wisconsin Supreme Court revisits legislative districting, the urgent issue of Prison Gerrymandering takes center stage. Counting inmates at prison locations instead of home addresses distorts representation, primarily affecting rural areas with prisons. This isn't just about numbers; it's about fairness, equity, and the essence of democratic representation. As our Supreme Court prepares to make decisions that will shape our legislative landscape, understanding the impacts of prison gerrymandering is more crucial than ever. Want to dive deeper into how this affects our state and what it means for our future? Click the link below for more insights. 🔗 https://lnkd.in/gK3xUc2D #PrisonGerrymandering #FairRepresentation #JusticeForAll #JastiKhandhar #LawyersYouCanTrust #LegalSupport #JAndKLawyers #CriminalDefense #JKLawyers #Wisconsin #CriminalJustice #Madison #JusticeSystem #LawyersOfInstagram #Lawyers #Attorneys #AttorneyAtLaw #Blogger

The recent Supreme Court directive to end caste-based allotment of work in prisons and delete the caste column from prison registers is a significant step toward dismantling the remnants of systemic discrimination. By recognizing the deeply ingrained bias in our institutions, this ruling reinforces the constitutional mandate of equality and human dignity for all, irrespective of caste. The role of prisons should not just be punitive but reformative, and such practices of caste-based discrimination perpetuate social hierarchies that our legal and constitutional framework seeks to eliminate. This decision by the Supreme Court echoes the larger need for reforms across various public institutions to ensure that equality and dignity are upheld in practice, not just in theory. #SupremeCourt #PrisonReforms #EqualityForAll #EndCasteDiscrimination #ConstitutionalRights #HumanDignity #LegalUpdates #CriminalJusticeReform

In R -v- Longmate [2024] EWCA Crim 443 an obiter-tinted gloss has been applied to recently oft-cited R -v- Ali in relation to the consideration of the prison population when a court is deciding whether to suspend a custodial term. At [28] Edis LJ suggests a reformulation of the sentencing council's guidance: "Where a court considers that suspending a sentence is an appropriate option which might be available but is also aware of other countervailing factors which suggest that suspending a sentence might not be right approach, the state of the prisons is a factor which might tip the balance." It seems that the Ali consideration is now relegated to a position of merely casting the deciding vote when the factors indicating suspension and immediate custody are very finely balanced.

📢 We know that the prison system is in crisis – but how do we solve it? We need to talk about sentencing. The most senior former judges in England and Wales have called on the government to reverse the trend of imposing ever longer sentences, giving warning that radical solutions are needed to address the acute crisis in prisons. Read our paper 'Sentence inflation: a judicial critique' here: https://lnkd.in/eF9ghSJ3

The #CBA strongly rejected the government’s explanation that criminal barristers were partly to blame for the chaos in the country’s courts and prisons. @TheCriminalBarhttps://lnkd.in/dk4cVNxe CBA strongly rejected the government’s explanation that criminal barristers were partly to blame for the chaos in the country’s courts and prisons. @CityAM https://lnkd.in/d6jcRTXs “Prisons are full because for 18 months criminal barristers have done what is required prosecuting and defending, getting trials done. That’s why the sentenced prisoner population is up 5,000 to over 71,000,” a CBA spokesperson said. “The criminal bar will continue to do what is required in order to ensure justice is delivered in as timely manner as possible for defendants, complainants, victims of crime and their families.” A spokesperson for the Criminal Bar Association […]Justice News247

The #CBA strongly rejected the government’s explanation that criminal barristers were partly to blame for the chaos in the country’s courts and prisons. @TheCriminalBarhttps://lnkd.in/ddJwiQbW CBA strongly rejected the government’s explanation that criminal barristers were partly to blame for the chaos in the country’s courts and prisons. @CityAM https://lnkd.in/drsEgFPP “Prisons are full because for 18 months criminal barristers have done what is required prosecuting and defending, getting trials done. That’s why the sentenced prisoner population is up 5,000 to over 71,000,” a CBA spokesperson said. “The criminal bar will continue to do what is required in order to ensure justice is delivered in as timely manner as possible for defendants, complainants, victims of crime and their families.” A spokesperson for the Criminal Bar Association […]Justice News247

The #CBA strongly rejected the government’s explanation that criminal barristers were partly to blame for the chaos in the country’s courts and prisons. @TheCriminalBarhttps://lnkd.in/ddJwiQbW CBA strongly rejected the government’s explanation that criminal barristers were partly to blame for the chaos in the country’s courts and prisons. @CityAM https://lnkd.in/drsEgFPP “Prisons are full because for 18 months criminal barristers have done what is required prosecuting and defending, getting trials done. That’s why the sentenced prisoner population is up 5,000 to over 71,000,” a CBA spokesperson said. “The criminal bar will continue to do what is required in order to ensure justice is delivered in as timely manner as possible for defendants, complainants, victims of crime and their families.” A spokesperson for the Criminal Bar Association […]Justice News247

Kenyan justice system has practiced, over the years, sentence review for convicts whose period before formal exit falls below 3 years. Although this arising from the need to decongest the prisons, it has no express legal provision but the revision, and oversight powers of the High Court has over subordinate courts, coupled with applied provisions in the Community Service Orders Act. Whereas this was pretty encouraging esp. during the Covid 19 pandemic, some insiders in the sector have argued against this, mention jurisdictional separation of powers between the judiciary and the Excecutive arms of Government, and why appropriate and proper sentencing cannot be done at the initial sentencing court. Many of the those in custody are persons who could well serve community sentences right away and may be seen at some quarters as a waste of time carrying out such prison decongestion sentence review exercises routinely. In any case, the prisons end up filled again very fast. The UK government seems to be considering something akin to this. We wish them well.