Posts Tagged ‘ sentence ’


A Stranger Danger

Written by admin
December 21st, 2018

Crown Courts will regularly have to consider whether a client is “dangerous”. In essence, the issue is whether they are somebody who has committed an offence of a particular gravity, either now or in the past, or an offence that has attracted a particular sort of sentence. Faced with their current charge, the court has to consider whether they impose a real threat of particularly unpleasant sorts of harm to individuals in the future.

In general, when found dangerous, defendants have to serve two thirds, rather than half of the sentence set down by the court and they can only be released with the consent of the Parole Board. Many people also face an extended period of licence supervision to ensure that they are closely monitored by the National Offender Management Service.

It ought to be remembered, however, that there are certain offenders who can be found to be “dangerous” but who can still be released at the halfway period without the involvement of the Parole Board, and who needn’t be subject to the extended licence provisions. The finding of “dangerousness” is entered on the defendant’s record, but no other step is taken. This flags up their position to a subsequent sentencing court, dealing with either a new offence or a breach, but ensures their return to the community at the earliest and most appropriate time.

As times goes by, it seems apparent that fewer and fewer sentencing tribunals are aware of this power, or have it at the forefront of their minds when passing sentence. This may be something that many defence advocates needed to consider bringing to attention of a court that may be passing a very significant sentence on a client who deserves better.

WHO IS RESPONSIBLE FOR PRISON DEATHS?

Written by Sian Hall
November 10th, 2017

On the day where Nottingham Prison announces that five inmates have died during the course of the last three months and when the governor of Liverpool jail has been removed forthwith, the question of prison conditions and particularly deaths in prison is a live one.

 

Recently, Frances Crook of the Howard League for Penal Reform, called for the Probation Service and CCRCs to be involved in reviews whenever a prisoner who has been known to either of the branches of the probation service prior to their admission to prison, takes their life.

 

Many advocates shrink from saying to the Court that they believe the client is in imminent danger if admitted to custody. Many regard it as bad fall and rather cheap; others believe it is wrong to be seen to be holding a gun to the head of the Court.

 

All of our advocates have been trained to bring sensitive and delicate information to the attention of the court in an appropriate and reasoned fashion. Everyone is taught how to bring mitigation together in a way that should, if at all possible, avoid a vulnerable client ever being sent into custody.

 

Where a Court takes a decision to remand or sentence to custody our advocates are trained to ensure that the right information is passed as quickly as possible to the relevant authorities within the prison to ensure that the prison staff can give timely and appropriate care. Sadly, all we can ever do is provide this information, there can be no say in what those in charge will do with it.  By keeping a record of those to whom we have spoken and the information that has been provided to them, we aim to be in a position to ensure that any reviewing body is able to have a real and proper understanding of what was known by whom at what time.

 

 

PRISON LAW FOR ALL

Written by Sian Hall
October 20th, 2017

After months of consideration, The Johnson Partnership now have a freshly printed leaflet containing advice and guidance for newly incarcerated prisoners.

 

Any Johnson Partnership client who finds themselves remanded into custody on a new charge, or sentenced to a term of custody, will immediately be provided with the Prison Law Guide.

 

Lovingly crafted by Euan Edwards and Devon Broome, the new leaflet sets out to answer questions that would trouble many prisoners facing an adjudication, or a review of many sorts. Our objective is to ensure that all clients know who to ask and where to find them within the firm if they have any questions that require an answer, whether or not the particular issuecomes within the scope of the current legal aid regime.

 

Many congratulations to Euan and Devon for their hard work!

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