House Of Commons Justice Committee Older Prisoners Hc 89

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

Author : Great Britain: Parliament: House of Commons: Justice Committee
Publisher : The Stationery Office
Page : 148 pages
File Size : 46,8 Mb
Release : 2013-09-12
Category : Law
ISBN : 0215061896

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House of Commons - Justice Committee: Older Prisoners - HC 89 by Great Britain: Parliament: House of Commons: Justice Committee Pdf

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

Author : Diete Humblet
Publisher : Springer Nature
Page : 299 pages
File Size : 46,8 Mb
Release : 2021-01-23
Category : Social Science
ISBN : 9783030601201

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The Older Prisoner by Diete Humblet Pdf

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.

Ageing, Gender and Family Law

Author : Beverley Clough,Jonathan Herring
Publisher : Routledge
Page : 244 pages
File Size : 53,8 Mb
Release : 2018-03-19
Category : Law
ISBN : 9781351717496

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Ageing, Gender and Family Law by Beverley Clough,Jonathan Herring Pdf

This book explores the intersecting issues relating the phenomenon of ageing to gender and family law. The latter has tended to focus mainly on family life in young and middle age; and, indeed, the issues of childhood and parenting are key in many family law texts. Family life for older members has, then, been largely neglected; addressing this neglect, the current volume explores how the issues which might be important for younger people are not necessarily the same as those for older people. The significance of family, the nature of family life, and the understanding of self in terms of one’s relationships, tend to change over the life course. For example, the state may play an increasing role in the lives of older people – as access to services, involvement in work and the community, the ability to live independently, and to form or maintain caring relationships, are all impacted by law and policy. This collection therefore challenges the standard models of family life and family law that have been developed within a child/parent-centred paradigm, and which may require rethinking in the turn to family life in old age. Interdisciplinary in its scope and orientation, this book will appeal not just to academic family lawyers and students interested in issues around family law, ageing, gender, and care; but also to sociologists and ethicists working in these areas.

HC 309 - Prisons: Planning and Policies

Author : Great Britain. Parliament. House of Commons. Justice Committee
Publisher : The Stationery Office
Page : 85 pages
File Size : 46,8 Mb
Release : 2015-03-18
Category : Electronic
ISBN : 9780215084262

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HC 309 - Prisons: Planning and Policies by Great Britain. Parliament. House of Commons. Justice Committee Pdf

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: Appointment of HM Chief Inspector of Probation - HC 640

Author : Great Britain: Parliament: House of Commons: Justice Committee
Publisher : The Stationery Office
Page : 36 pages
File Size : 53,6 Mb
Release : 2013-10-11
Category : Probation
ISBN : 0215062647

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House of Commons - Justice Committee: Appointment of HM Chief Inspector of Probation - HC 640 by Great Britain: Parliament: House of Commons: Justice Committee Pdf

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: 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
Page : 44 pages
File Size : 42,8 Mb
Release : 2013-10-31
Category : Law
ISBN : 0215063406

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House of Commons - Justice Committee: Ministry of Justice Measures in the JHA Block Opt-Out - HC 605 by Great Britain: Parliament: House of Commons: Justice Committee Pdf

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

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
Page : 44 pages
File Size : 51,7 Mb
Release : 2013-12-13
Category : Political Science
ISBN : 0215065778

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House of Commons - Justice Committee: Appointment of the Chair of the Office for Legal Complaints - HC 916 by Great Britain: Parliament: House of Commons: Justice Committee Pdf

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: 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
Page : 40 pages
File Size : 44,6 Mb
Release : 2013-09-13
Category : Law
ISBN : 021506223X

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

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

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
Page : 20 pages
File Size : 54,5 Mb
Release : 2013-11-08
Category : Law
ISBN : 0215064437

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House of Commons - Justice Committee: Fraud, Bribery and Money Laundering Offences Guideline: Consultation - HC 804 by Great Britain: Parliament: House of Commons: Justice Committee Pdf

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

Imprisonment of the Elderly and Death in Custody

Author : Aleksandr Khechumyan
Publisher : Routledge
Page : 204 pages
File Size : 42,7 Mb
Release : 2018-04-17
Category : Law
ISBN : 9781351371223

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Imprisonment of the Elderly and Death in Custody by Aleksandr Khechumyan Pdf

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

Author : Great Britain. Parliament. House of Commons. Justice Committee
Publisher : The Stationery Office
Page : 32 pages
File Size : 40,9 Mb
Release : 2014
Category : Law
ISBN : 9780215080844

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HC 310 - Joint Enterprise: Follow-Up by Great Britain. Parliament. House of Commons. Justice Committee Pdf

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.

HC 307 - Crime Reduction Policies: A Co-Ordinated Approach?

Author : Great Britain. Parliament. House of Commons. Justice Committee
Publisher : The Stationery Office
Page : 220 pages
File Size : 54,7 Mb
Release : 2014
Category : Law
ISBN : 9780215073198

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HC 307 - Crime Reduction Policies: A Co-Ordinated Approach? by Great Britain. Parliament. House of Commons. Justice Committee Pdf

The Justice Committee believes The Treasury should seriously question whether taxpayers' money is used in ways most likely to reduce future crime and victimisation and must develop a longer term strategy for the use of resources tied up currently in the criminal justice system. All parts of the criminal justice system have had to cope with significant spending cuts, yet it appears that the Government has shied away from using the need to make those cuts to re-evaluate how and where money is spent. The Committee welcomes the development of various cross-Government initiatives to deal with the sources of crime, such as the Troubled Families Programme. But resources committed are tiny compared to the costs of crime to society. Each year: violent crime, 44% of which is alcohol related, costs almost £30 billion; crime perpetrated by people who had conduct problems in childhood costs around £60 billion; drug related crime costs £13.3 billion; anti-social behaviour related to alcohol abuse costs £11 billion. The costs of preventative investment further upstream are often relatively small yet the Committee's evidence highlights the clear benefits of collective ownership, pooled funding and joint priorities that have been facilitated by the shift of power in this field from Whitehall to local communities. The greatest problem identified by the Committee is the lack of rigorous assessment of where taxpayers' money can be most effectively spent in cutting crime. A more evidence-based approach is needed.

HC 308 - Mesothelioma Claims

Author : Great Britain: Parliament: House of Commons: Justice Committee
Publisher : The Stationery Office
Page : 32 pages
File Size : 51,8 Mb
Release : 2014-08
Category : Law
ISBN : 9780215075710

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HC 308 - Mesothelioma Claims by Great Britain: Parliament: House of Commons: Justice Committee Pdf

This report assesses the decision to apply sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) to mesothelioma compensation claims. These sections prevent winning claimants recovering from defendants success fees charged by their lawyers or premiums for insurance against having to meet defendants' costs (after the event, or ATE, insurance). They applied to all other personal injury claims since April 2013, but section 48 of LASPO required Ministers to undertake a review before they could be brought into effect for claims relating to mesothelioma. The section 48 review was not prepared in a thorough and even-handed manner and a fresh consultation should be undertaken. The Government was not reconciled to the concession it was forced to make to exempt mesothelioma cases from its provisions, and determined to review the exemption as soon as it could. In its haste the Government failed to ensure that relevant information, such as a cost-benefit analysis of the changes, was available to interested parties. It also shoehorned part of its section 48 review into a wider consultation on changes to the mesothelioma claims process. The Committee also urges expedition of the primary legislation needed to bring into effect the Third Party (Rights Against Insurers) Act 2010, which will enable a claim to be issued against an insurer without a judgment first having had to be obtained against an insolvent insured party. The Ministry of Justice should also work in tandem with the Department of Health to reduce delays in the production of medical records of mesothelioma victims.

HC 850 - Criminal Cases Review Commission

Author : Great Britain. Parliament. House of Commons. Justice Committee
Publisher : The Stationery Office
Page : 41 pages
File Size : 55,5 Mb
Release : 2015-03-25
Category : Electronic
ISBN : 9780215084651

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HC 850 - Criminal Cases Review Commission by Great Britain. Parliament. House of Commons. Justice Committee Pdf

The Criminal Cases Review Commission (CCRC) was set up in 1997, by the Criminal Appeal Act 1995, on the recommendation of the Royal Commission on Criminal Justice. The CCRC investigates alleged miscarriages of justice, post-conviction and post-appeal, and has the power to refer cases back to the Court of Appeal for reconsideration. The Committee held a one-off evidence session on the work of the CCRC in January 2014, and then sought some views on the issues raised. The Committee subsequently decided to hold an inquiry on the CCRC, and launched it with a general call for evidence. The "real possibility" test, which requires that for a referral to be made there must be a real possibility that the conviction or sentence would not be upheld on appeal, was one of the most controversial aspects of the CCRC. The Committee found that criticisms broadly fell into one of three areas: that the test itself is wrong; that the test is being applied incorrectly by the CCRC; or that the Court of Appeal's approach to criminal appeals is overly restrictive. The Committee's considers each of these areas in turn. Critics of the test felt that it inherently prevents the CCRC from being truly independent of the Court of Appeal. The Committee concludes that any change would have to be in light of a change to the Court of Appeal's grounds for allowing appeals.

HC 657 - Manorial Rights

Author : Great Britain. Parliament. House of Commons. Justice Committee
Publisher : The Stationery Office
Page : 40 pages
File Size : 46,6 Mb
Release : 2015
Category : Land tenure
ISBN : 9780215081124

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HC 657 - Manorial Rights by Great Britain. Parliament. House of Commons. Justice Committee Pdf

Manorial rights are certain rights which were retained by lords of the manor in England and Wales when land became freehold in the early 20th century, and can include rights to mines and some minerals, sporting rights such as hunting, shooting and fishing, and rights to hold fairs and markets. In the past such rights were not required to be detailed on theregister of title, but they remained overriding - that is they bound the owner of the affected and even though they may not have known about the rights. Changes made through the Land Registration Act 2002 sought to increase the transparency and knowledge of such rights by requiring that they be registered and removing their overriding status. This Act specified a deadline - October 2013 - by which such rights should be registered to ensure they could not be lost.