• In Focus

    Proposal to extend the power of the UK courts to depart from retained EU case law

    The European Union (Withdrawal) Act 2018 provides the UK Supreme Court and the High Court of Justiciary in Scotland with the power to depart from retained EU case law after the end of the transition period. Draft regulations, introduced by the Government in October 2020, seek to extend this power to the Court of Appeal and other equivalent courts and tribunals. This article looks at the detail of the regulations and recent scrutiny that has taken place.

  • In Focus

    Misogyny: A new hate crime?

    ‘Hate crime’ is used to describe a range of criminal behaviour that a victim or other person perceives to be motivated by hostility or prejudice towards a person’s disability, race, religion, sexual orientation or transgender identity. These aspects of a person’s identity are referred to as ‘protected characteristics’. There have been recent calls to extend the protected characteristics to cover sex and gender. This would see misogyny become a hate crime.

  • In Focus

    Prosecution of Offences (Custody Time Limits) (Coronavirus) (Amendment) Regulations 2020

    These regulations temporarily increase the amount of time that a defendant can be held in custody whilst awaiting a crown court trial. The Government said that the purpose of the regulations is to provide reassurance to victims and the public following the recent delays in trial listings caused by the Covid-19 pandemic. The regulations came into force on 28 September 2020 and will expire on 28 June 2021.

  • In Focus

    Coronavirus: Motion to annul rules on eviction court cases

    The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 make arrangements for how eviction court cases, which were temporarily suspended during the coronavirus pandemic, will proceed when the suspension is lifted on 21 September 2020. On 23 September 2020, the House of Lords is due to debate a motion to annul the rules.

  • In Focus

    Sentencing for emergency service deaths: Calls for change

    The sentencing of offenders whose crimes lead to the death of an emergency service worker can vary depending upon the conviction received. The Harper’s Law campaign has called for life sentences to be imposed in instances where an emergency service worker is killed as a direct result of a crime. This article discusses life sentences, minimum terms, and recent calls for change to sentencing in England and Wales. This is due to be the subject of an oral question in the House of Lords on 1 October 2020.

  • In Focus

    Jobseekers (Back to Work Schemes) Act 2013 (Remedial) Order 2019

    The Jobseekers (Back to Work Schemes) Act 2013 (Remedial) Order 2019 makes changes to the Jobseekers (Back to Work Schemes) Act 2013. These changes are the result of decisions made in the courts on the act’s compatibility with the European Convention on Human Rights. This article looks at the court cases which led to the remedial order, ahead of its debate in the House of Lords on 3 September 2020.

  • In Focus

    Accusations of racism in the Metropolitan Police Service

    This article looks at accusations of racism in the Metropolitan Police Service, both towards officers and in its interactions with the public. The action being taken to address racism in the Metropolitan Police Service is the subject of an oral question in the House of Lords on 15 July 2020.

  • In Focus

    Short prison sentences: Calls for change

    The use and effectiveness of short prison sentences of under 12 months has been debated in recent years. This article discusses calls for reform of short prison sentences, in addition to the Government’s commitments in this area. Short prison sentences are due to be the subject of an oral question in the House of Lords on 29 June 2020.

  • Research Briefing

    Sentencing Bill [HL]: Briefing for Lords Stages

    This Law Commission bill seeks to consolidate existing sentencing legislation into a single sentencing statute. The Sentencing Bill is a consolidation bill that will introduce the sentencing code. The aim of the code is to provide a clear and comprehensive source of sentencing procedure legislation for the public, the judiciary and practitioners.