Coronavirus Act 2020

The Coronavirus Bill received Royal Assent on 25 March 2020 and is now known as the Coronavirus Act 2020. It is an Act to make provision in connection with coronavirus and fr connected purposes.

A large proportion of the Act relates to the NHS and social care, however, there are parts of the Act affecting police powers. For instance, the length of time that DNA profiles and fingerprints can be retained has been extended by six months and it is now an offence to fail to comply with new measures brought in by the Act such as travel restrictions. Additionally, the Act delays the Police and Crime Commissioner elections by one year.

The Act can be read in full here. The Explanatory Notes can be found here.

Source: legislation.gov.uk

A joint thematic inspection of Integrated Offender Management

Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) and Her Majesty’s Inspectorate of Probation (HM Prob) have published a report detailing the findings of a Criminal Justice Joint Inspection of Integrated Offender Management (IOM) conducted in 2019.

The inspection aimed to examine how well IOM was operating in 2019. The report concludes that measuring the impact of IOM is difficult due to the breadth of cohorts and offence types for which it is used. Thus, there is no evidence to suggest IOM is effective. As a result, the inspectors state that the findings of a 2014 inspection are still applicable now.

The report contains eleven recommendations four of which are directed at Chief Constables. The report can be read in full here.

Source: HMICFRS

The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020

A Statutory Instrument called the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 has been made. The Order moves the automatic release point for relevant offenders from the half-way point of their sentence to the two-thirds point of their sentence.

The Order applies to England and Wales and will come into force on 1 April 2020.

The Order can be read in full here. The explanatory memorandum can be read here.

Source: Gov.uk

Durham’s pioneering police scheme slashes reoffending rates

The Durham constabulary has been running a new scheme where offenders avoid prosecutions if they take part in a rehabilitation programme for issues such as substance abuse or mental health. To date more than 2,660 offenders who have committed offences such as burglary and assault have taken part in the scheme. The first results of the scheme found a 15 per cent point drop in reoffending after a period of two years in those who took part in rehabilitation in comparison to those who did not. Full results of the scheme are due to be published as part of a University of Cambridge study in 2020.

Source: The Guardian

Article on the use of RUI and bail

The BBC has published an article with figures from 20 police forces in England and Wales on the use of bail and released under investigation (RUI). The article was published alongside a report on BBC Newsnight.

The figures show that there were 322,250 RUI cases between April 2017 and October 2019. Of this number, 93,098 were related to serious violence against a person and sexual offences cases.

The article can be read in full here.

Source: BBC News

Justice Secretary confirms plans for ‘Helen’s Law’

The Justice Secretary David Gauke has announced plans for a new law, commonly referred to as ‘Helen’s Law’, which would enable the denial of parole for murderers who refuse to disclose the location of a victim’s body.

The announcement comes after years of campaigning by Marie McCourt, the mother of Helen McCourt who has never been found since her murder in 1988. The proposed law would require the Parole Board to consider if the offender has revealed the location of the victim’s body when reviewing their suitability for release.

Source: Gov.uk

Violent offences ‘dealt with informally’ by police forces

Concerns have been raised in regard to the use of community resolutions by police for serious offences for which they are not designed to be used. Between 2014 and 2018, community resolutions were issued for 2,500 sex offences, including 27 rape cases; 5,000 for possession of weapons, including knives and guns; and 156,000 for violence against the person, including 1,720 for cruelty to children.

Community resolutions are frequently used in cases that would otherwise lead to a short prison sentence. This comes as the government is moving to abolish prison sentences of six months or less. However, Sir Brian Leveson has warned that abolishing short term would be a mistake, noting that previous attempts to do so had not worked. He argued that courts should be able to intervene in cases of repeat low level offenders who have had previous community resolutions which were unsuccessful. This is not possible with community resolutions as they do not go through court.

Source: BBC News

Concordat on children in custody

The Home Office has issued statutory guidance on the Concordat on children in custody aimed at helping police forces and local authorities better understand their responsibilities towards children in custody.

The Concordat was with the intention of improving understanding, and helping forces and local authorities build effective collaboration at a local level. The aim of the concordat is to decrease the number of children held in custody overnight, as well as to outline the protocol for how transfers should work in practice.

The guidance can be read here.

Source: Gov.uk

New Report Finds a Number of Prisons in England and Wales to be Unfit for Purpose

A new report about prisons in England and Wales has concluded that many of the buildings are unfit for purpose with many prisoners living in inhumane conditions. The report also included issues such as an overall lack of staff and a lack of experienced staff is worsening the problems.

The report gave specific examples of prisons experiencing problems with mould and damp, sewage issues, and heating issues. Another example given was the mother and baby unit at Eastwood Park which had been out of use for over two years as a result of serious water damage.

Source: The Guardian

Magistrates call for end to prison sentences under eight weeks

The Magistrates’ Association has called for the end of prison sentences of less than eight weeks. This is in part, to try and combat the level of overcrowding in prisons. However, the key reason is that studies have shown short sentences do little to reduce re-offending.

The replacement of short sentences with community sentences, accompanied with adequate support and monitoring, are believed to result in a greater chance of rehabilitation. The Magistrates’ Association suggest this is because of reduced disruption to employment and accommodation as well as better access to rehabilitation programmes. Short sentences would still be allowed if an offender breached an existing order, or would not be able to engage in a community programme.

Source: The Guardian