Parental responsibility: is a rapist father still a father?

A woman is demanding a change to the Children Act 1989 and seeking to deny parental rights to a man who raped her. She has been supported by both MPs and a petition signed by over 410,000 people. Under the current law rapists can be notified of care proceedings involving their child even if they have no involvement with the child or parental rights. The woman has argued this needs changing because whilst it does not mean they have the right to a see their child, it is giving them a level of involvement which is highly likely to cause emotional distress and trauma.  

Brain injuries in women prisoners are linked to mental illness and reoffending

An article discussing the link between brain injuries and an individuals likelihood to go be prison, be violent, and reoffend has suggested that more research needs to be undertaken and utilised by prisons. The article, focusing on female prisoners, discusses the need for better understanding of brain injuries to help prisoners get support and better rehabilitation to try and reduce rates of reoffending. It also highlights the need for a better understanding of the impact such trauma can have and how it may be worsened in a prison environment which if not handled correctly could lead to high levels of distress and misbehaviour. One of the key points in the article is that much of the research into the link between brain injuries and violence, reoffending and incarceration had been conducted in mens’ prisons giving which did not necessarily reflect brain injuries in women. 

Crime Minister addresses government work to tackle modern slavery

Victoria Atkins MP gave a speech at the Paris Supply Chains conference about the UKs fight against modern day slavery and human trafficking. The speech, which can be read in full here, gave the example of the Morecombe Bay disaster to illustrate why work still needs to be done to fight modern day slavery and human trafficking. She then gave current examples of the work being done by the Government and concluded by stating  hopes that the UK can continue to work with allies from around the world to continue the fight.

Offensive Weapons Bill – Overarching Documents

The overarching documents relating to the Offensive Weapons Bill have been updated to include the Keeling Schedules. This document shows provisions in other enactments as they would be amended by the Bill.

The measures within the Offensive Weapons Bill will provide greater protection for the public and communities and deliver on the government’s commitment to tackle serious violence and provide law enforcement with the powers they need to keep the public safe.

The bill will:

  • create a new criminal offence of selling (both online and offline) a corrosive product to a person under the age of 18 – the substances and concentration levels of what constitutes a corrosive product are set out in the bill
  • create a new criminal offence of possessing a corrosive substance in a public place – there is a defence of possessing the corrosive substance for good reason
  • create new criminal offences prohibiting the dispatch of bladed products and corrosive products sold online to a residential address – the offence for bladed products is limited to those that can cause serious injury and includes defences for made-to-order items and those for sporting and re-enactment purposes
  • create new criminal offences on delivery companies of delivering a bladed article or a corrosive product on behalf of a seller based outside the United Kingdom to a person under 18
  • update the definition of a flick knife and prohibit the possession of flick knives and gravity knives (their sale is already prohibited)
  • amend section 141 of the Criminal Justice Act 1988 to make it a criminal offence to possess certain offensive weapons (such as knuckledusters and zombie knives)
  • extend the existing offences of possessing a bladed article or offensive weapon on school premises to cover further education premises
  • amend the legal test for the offence of threatening with an offensive weapon to aid prosecution
  • prohibit high energy and rapid firing firearms and a device known as a bump stock which increases the rate of fire of rifles and provide for compensation for owners of such weapons

Challenges to Validity of EU Instruments (EU Exit) Regulations 2019

The Challenges to Validity of EU Instruments (EU Exit) Regulations 2019 and come into force on exit day. This instrument makes transitional provision so that where cases have begun in UK courts before the UK’s exit from the EU and where those cases require a judgement on the validity of EU law, judges in the UK courts are able to rule on the validity EU law.

The explanatory memorandum can be found here.

Crime (Overseas Production Orders) Act 2019

The Crime (Overseas Production Orders) Act 2019 has received Royal Assent. The Act enables appropriate officers to apply for the production of existing stored electronic information located or controlled outside the UK, for the use in investigation and prosecution of indictable offences. Such a power can only be applied for where a designated international co-operation arrangement exists and permits.

The explanatory notes can be found here.

Home Secretary announces further action to target youth violence

Sajid Javid announced two new initiatives aimed at steering vulnerable young people away from a life of crime. The initiatives are the #knifefree advertising campaign and a youth advocates programme created with the intention of encouraging youth workers and sports coaches to receive training which would enable them to have conversations with vulnerable young people to encourage them not to carry weapons. This scheme will be running in London and Manchester.

Home Office gives green light to first drug testing clinic

The Home Office has licenced a drug-checking service which will allow users to have their illicit substances tested without the fear of being prosecuted with the intention of reducing deaths relating to. The year-long pilot project in Weston-Super-Mare could be rolled out nationally if successful. An article containing further explanations and opinions about the project can be found here.