M. Shaharyar’s 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

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.

In a bid to tackle the crown court backlog, the UK government proposes to double the sentencing powers of magistrates from six to twelve months. 🏛️ This move aims to fast-track justice, potentially easing some of the burdens on the higher courts and reducing the number of defendants held on remand.  With the Magistrates' Association backing the proposal for its potential to expedite court processes, the change could represent a significant shift in how justice is administered at the magistrates' level. However, critics warn that this could exacerbate overcrowding in prisons without addressing the root causes of delays in the justice system.  💻As debates continue, our latest blog post delves into the implications of this proposal for the legal landscape, the prison system, and those awaiting trial. Link in comments⬇️ #LegalReform #JusticeSystem #UKLaw #PrisonReform #PublicPolicy

📢 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

🚨BREAKING: Bureau of Prisons Settlement on Staff Misconduct The federal Bureau of Prisons has agreed to a legal settlement mandating increased transparency and protections for victims of staff-on-inmate sexual abuse at its now-closed women's prison in Dublin, California. The settlement includes appointing a court monitor and requires a public acknowledgment of the abuse by the agency's director. #Dublin #California https://lnkd.in/e8zf9pvW #PrisonReform #EndPrisonAbuse #JusticeForInmates

a different approach we all need

Operation Safeguard - Operation Safeguard allows offenders to be housed in police cells when jails are full. - It follows the extension of the End of Custody Supervised License Scheme, an emergency measure allowing prisoners to be freed before the end of their sentence. - It is a temporary measure that is an expensive choice to house inmates who have either been convicted or on remand awaiting trial. - Ministry of Justice spokesperson "It is helping us respond to acute capacity pressures caused in part by barristers industrial action and the aftermath of the pandemic." #criminallaw #criminaljustice #criminalcase #criminalbar #criminallawyer #crime #crimerates #courts #criminalcourts #lawstudent #lawstudents #lawstudent https://lnkd.in/exXqfxBM

What if I tell you caste-based segregation in prisons is being used to “prevent violence”? 🤯 Sounds shocking, right? But that's exactly what was happening! The Madras High Court supported the idea of separating prisoners based on caste to avoid clashes. But recently, Chief Justice D.Y. Chandrachud and the Supreme Court put an end to this! 🛑 The Court rejected the "Separate but Equal" argument, making it clear that caste-based segregation has NO place in our Constitution. ⚖️ But here’s the question: 👉 Does dividing prisoners by caste solve the problem or deepen it? 👉 Are we still carrying outdated notions of caste even in places meant for reform? This judgment calls for us to rethink how we deal with social divisions even within prison walls. Is segregation ever the solution? 🤔 Let’s connect and discuss 🌸 Anshika ✨✨