• Research Briefing

    Victims and Prisoners Bill: HL Bill 31 of 2023–24

    The Victims and Prisoners Bill would introduce various changes in the criminal justice system and beyond. This would include placing key victims’ code rights into law, requiring an infected blood scandal compensation body to be set up, and allowing the secretary of state to refer prisoner release decisions of the most serious offenders to the upper tribunal or high court. A proportion of the bill’s provisions have previously been the subject of Conservative Party manifesto commitments, government consultations, reviews and announcements. The bill was amended in various ways during its passage through the House of Commons.

  • In Focus

    Universal Declaration of Human Rights: Promoting the declaration’s principles 75 years on

    The Universal Declaration of Human Rights was adopted by the United Nations General Assembly 75 years ago, on 10 December 1948. The declaration set out, for the first time, fundamental human rights to be universally protected. As such it became a foundational instrument of the modern international human rights system. The Office of the High Commissioner for Human Rights has called on member states to “rejuvenate” the declaration.

  • Research Briefing

    Arbitration Bill [HL]

    Arbitration is a form of dispute resolution that enables opposing parties to resolve a disagreement privately through a third party rather than going to court. The Arbitration Bill [HL] would amend the Arbitration Act 1996, the principal legislation governing arbitrations in England and Wales and in Northern Ireland. The changes provided for in the bill would implement recommendations from the Law Commission following consultation with the sector.

  • In Focus

    King’s Speech 2023: Crime and justice

    The King’s Speech is scheduled to be delivered on 7 November 2023. The speech will set out the government’s legislative and policy programme for the new parliamentary session. This briefing provides a summary of legislative announcements and policy proposals on crime and justice that may become the subject of legislation during the 2023–24 session. This includes information on the Victims and Prisoners Bill and policy announcements on criminal justice sentencing.

  • In Focus

    Forced to face justice: Will ordering attendance at sentencing hearings work?

    In response to several high-profile offenders refusing to attend their sentencing hearings, the government has announced new powers for judges and prison officers to enable some offenders to be forced to do so. While this announcement has been widely welcomed, concerns have also been raised about the practicalities of the policy. This briefing explores the background to the decision as well as some of the responses it has received.

  • In Focus

    Roles of the lord chancellor and the law officers: Lords committee report

    In January 2023, the House of Lords Constitution Committee published a report on the roles of the lord chancellor and the law officers. It concluded the office holders must have the character, authority, intellect and independence to defend the rule of law. In response, the government said it had no plans to review the roles but would continue to reflect on the committee’s report. This article summarises the committee’s findings, as well as the government’s response.

  • In Focus

    Draft Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023: ‘Fatal’ and ‘regret’ motions

    In response to protests by groups such as Just Stop Oil, the government has introduced secondary legislation which would lower the threshold for what kind of protests are classed as “serious disruption” in England and Wales. The regulations are controversial because the government previously tried to introduce the same changes during parliamentary consideration of the Public Order Act 2023. The House of Lords rejected the proposed measures at that time. The House is now set to debate the regulations and motions to ‘regret’ or reject them.

  • In Focus

    Sentences of imprisonment for public protection: Updated action plan

    Imprisonment for public protection (IPP) sentences were indeterminate sentences given to serious offenders who posed a significant risk of serious harm to the public. Although the IPP sentence was abolished in 2012, thousands of people subject to such a sentence are still in prison. In February 2023, the government rejected a recommendation from the House of Commons Justice Committee to conduct a resentencing exercise. It says its recently updated IPP action plan will support those serving an IPP sentence to progress towards release.

  • In Focus

    Personality disorders in prison and probation: Are specialist units working?

    Several thousand prisoners in England required support from custodial mental health services between July and September 2021, according to new research. One such service included psychologically informed planned environments (PIPEs), which are designed to support offenders with personality-related difficulties. An evaluation of PIPEs commissioned by the government analysed whether the PIPE model had been effective. This article looks at how PIPEs work and what the evaluation found.

  • Research Briefing

    Illegal Migration Bill: HL Bill 133 of 2022–23

    The Illegal Migration Bill seeks to fulfil the commitments made by Prime Minister Rishi Sunak on 4 January 2023 to “stop the boats and tackle the unfairness of illegal migration”. Provisions in the Illegal Migration Bill would introduce a duty on the home secretary to remove all adults entering the UK illegally (as defined in clause 2) after 7 March 2023. It would also introduce powers to detain those individuals prior to removal. The bill provides the secretary of state with greater powers to decide the place and duration of an individual’s detention. In addition to the duty to remove adults, the bill contains a power to remove those under 18 years of age; this would become a duty upon the child reaching 18. It would disapply aspects of modern slavery protections and provide that asylum and human rights claims by those subject to clause 2 were inadmissible. Immigration is a reserved matter, most of the bill’s provisions would apply in all four parts of the UK.

  • In Focus

    Prison officers’ retirement age

    Newly recruited prison officers can draw their full occupational pension between the ages of 65 and 68, depending on their date of birth. The prison officers’ union argues such officers do a demanding physical job and regularly face violence, so requiring them to work until their late 60s is inappropriate and harmful. Ministers say they are open to discussions with the union but there are no plans to adjust prison officers’ retirement age.  

  • Research Briefing

    Retained EU Law (Revocation and Reform) Bill: HL Bill 89 of 2022–23

    The Retained EU Law (Revocation and Reform) Bill is due to have its second reading in the House of Lords on 6 February 2023. The bill would automatically revoke, or ‘sunset’, most retained EU law at the end of 2023. However it would also give ministers powers to exempt some retained EU law from the sunset and to restate, reproduce, replace or update retained EU law by statutory instrument.

  • In Focus

    Commission on Young Lives: National plan for vulnerable young people

    The Commission on Young Lives was an independent group formed to design a new national system to prevent crisis in vulnerable young people and to boost their life chances and educational prospects. The commission published a report in November 2022 which made recommendations to government, local authorities, police and others to tackle the “deep-rooted” problems facing vulnerable youths. The commission’s “centrepiece recommendation” was for a “sure start plus for teenagers” network of intervention and support.

  • In Focus

    The Commonwealth: Zimbabwe’s return?

    In 2003, Zimbabwe withdrew from the Commonwealth following a suspension for human rights violations. In 2018, the country began the process of rejoining the organisation. This process is ongoing. However, it has been argued that Zimbabwe should not be allowed to rejoin as it does not meet the required standards in respect of its human rights record, democratic processes and institutions and rule of law.

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