Tag: Law and Order

Life Means Life: PM announces new plans to keep society’s most depraved killers behind bars for life

Society’s most depraved killers will face life behind bars with no chance of being released, under tough plans announced by the Prime Minister.

Making sure that life means life, judges will be required to hand down mandatory whole life orders to the monsters who commit the most horrific types of murder.

In the latest move to protect the public from the most dangerous offenders, this will place a legal expectation on judges to hand down whole life orders, except in extremely limited circumstances.

By putting this on a legal footing, judges will have greater confidence to hand out whole life orders without a risk of challenge in the Courts of Appeal.

This will mean the depraved killers who carry out vile crimes will be in no doubt that they will be in prison for the rest of their lives.

For the first time, whole life orders will also be the default sentence for any sexually motivated murders. This could have been applied in the recent tragic cases of Zara Aleena and Sabina Nessa, putting their horrific killers in prison for their whole lives.

Prime Minister Rishi Sunak said: I have shared the public’s horror at the cruelty of crimes we have seen recently. People rightly expect that in the most serious cases, there should be a guarantee that life will mean life. They expect honesty in sentencing.

“By bringing in mandatory whole life orders for the heinous criminals who commit the most horrific types of murder, we will make sure they never walk free.”

Lord Chancellor and Secretary of State for Justice, Alex Chalk KC, said: “A whole life order will now be the expectation for murderers where the killing involves sexual or sadistic conduct.

“This important law change will ensure that the worst of the worst can now expect to spend the rest of their lives in prison.”

The announcement builds on the UK Government’s work to cut crime and build stronger communities, with violent crime down by 46 percent since 2010 and neighbourhood crime by 51 percent.

Since 2019, over 20,000 new police officers have been recruited and 100,000 knives taken off our streets. The Government has also launched a new Anti-Social Behaviour Plan to clamp down on crimes that can terrorise communities for good.

The Westminster Government is also making sure the worst offenders face the toughest possible punishment for their crimes.

Serious violent and sexual offenders now serve at least two-thirds of their sentence behind bars, ending halfway release, and the average custodial sentence length is longer across the board meaning that criminals are spending more time in prison.

The Government has also ended the automatic early release of terrorists through the Terrorist Offenders Act 2020 and introduced a 14-year minimum jail term for the most dangerous terrorist offenders through the Counter Terrorism and Sentencing Act 2021.

The Government is also committed to looking at changing the law to make sure that people who commit the most horrific crimes face their victims in court and hear first-hand the impact that their crimes have had on them and their families and loved ones.

The Government will legislate for the changes announced today in due course.

No comment yet from the Scottish legal establishment.

Understanding the nature of hate crime

A new report into the extent of hate crimes committed in Scotland has highlighted almost two-thirds of all race-related hate offences had a visible minority ethnic (non-white) victim, a group that makes up around 4% of the population.

The detailed study looking at the characteristics of victims and perpetrators of reported hate crime incidents in 2018-19 also found that:

  • around a third of crimes involved a victim who experienced the incident at work
  • almost two-thirds of hate crime victims and three-quarters of perpetrators were male
  • in the majority (94%) of sexual-orientation aggravated hate crimes the perpetrator showed prejudice towards the gay and lesbian community
  • in around two-fifths of religion aggravated hate crimes the perpetrator showed prejudice towards the Catholic community
  • in a quarter of such crimes prejudice was shown towards the Muslim community and in one in ten cases it was towards the Protestant community
  • there were 1,080 recorded hate crimes in 2018-19 with a police officer victim
  • hate crimes with an aggravation for transgender identity have doubled over the past six years from 48 to 96

Justice Secretary Humza Yousaf said: “This report provides more detail of how hate crime affects our communities and is a timely reminder that crime motivated by hate is an all too common occurrence, with real-life impacts on victims and those around them. Just from those that are reported, we know that an average 18 hate crimes are committed every day in Scotland.

“The fact that visible minority ethnic groups, which represent 4% of the population, experience two-thirds of all race-related hate crimes shows we have much more to do to overcome prejudice, while the findings also highlight the need for more to be done to ensure workplaces are an environment free from hatred and from fear.

The report also highlights the risk that police face in the line of duty on a daily basis where almost 1 in 5 recorded hate crimes involved a victim that was a police officer.

“As elected representatives, we can help ensure Scotland is a place where there is zero tolerance of hate crime. The legislation currently before Parliament makes clear that this type of behaviour will not be tolerated – and will ensure Scotland’s justice system can bring perpetrators to account and provide protection for individuals and communities harmed by hate crimes.”

Communities Secretary Aileen Campbell said: “Scotland is an inclusive and tolerant nation, but we are not immune from the constant threat that prejudice and intolerance can bring to our society.  Given the impact it has on individuals and communities it is important that everybody plays their part to challenge it at all times.

“Hate Crime legislation is only part of our wider programme of work to tackle hate crime and build connected communities.  In June 2017, we published the Tackling Prejudice and Building Connected Communities Action Plan and established an action group, which I chair, to take this forward. The key priorities identified by the group are raising awareness of what hate crime is, the impact that it has on individuals and communities and to encourage reporting. 

“The action group has also played a key role in ensuring there is better evidence and data around hate incidents and crime and I am grateful for their continued support.  This report helps us to understand the key characteristics of both victims and perpetrators and reflects the importance of reporting incidents so that we can best support our communities in Scotland.  The report will be instrumental in informing our work as we look to refresh our action plan later this year.”

Assistant Chief Constable Gary Ritchie of Police Scotland said: “Hate crime is abhorrent and insidious and will not be tolerated in Scotland. Targeting anyone because of a disability, their race, religion, sexuality or transgender identity – or a perception of these characteristics – is despicable.

“This report shows the extent of hate crime which has been reported to Police Scotland in 2018-19, but we know this is an under-reported offence. People who are victims have often been targeted on numerous occasions before they report to our officers and can find it difficult to talk about it.

“We encourage anyone who has been a victim – or who has witnessed a hate crime – to come forward and report it.  We take every report seriously and will carry out a robust investigation on every occasion.

“Hate Crime can be reported at a police office or via 101 or 999 in an emergency. Alternatively, if you do not feel comfortable approaching police directly, you can use the network of Third Party Reporting Centres across the country, or contact Crimestoppers anonymously.”

A Study into the Characteristics of Police Recorded Hate Crime in Scotland

Review group calls for tighter control of fireworks

An expert group that includes police, fire and animal welfare representatives has called for the introduction of no fireworks zones and tighter restrictions on the purchase and use of fireworks.  

The independent Firework Review Group has submitted its final report to Ministers, urging a fundamental shift in the way fireworks are bought and used.

The call comes following widespread public support across Scotland to reduce the negative impact of fireworks.

The group, chaired by former Chief Fire Officer Alasdair Hay, has recommended a number of measures be taken forward, including:

  • the introduction of mandatory conditions when fireworks are purchased from retailers
  • restricting the times of day fireworks can be sold and volume of fireworks that can be purchased at any one time
  • restricting the days and times fireworks can be set off
  • the introduction of no firework areas or zones
  • the creation of a proxy purchasing offence to prevent adults from buying fireworks on behalf of those under the age of 18

Responding to the report, Community Safety Minister Ash Denham told Parliament: “I welcome and fully endorse these recommendations and thank Alasdair Hay and the members of the Review Group for their diligent work, especially in recent months during the pandemic.

“We are determined to keep all of Scotland’s communities safe from the harmful use of fireworks and the group’s findings will help us achieve that.

“I will now explore how these recommendations can be implemented, within the powers available to Parliament, and bring forward legislation to make these a reality.

“With Bonfire Night approaching, it is vital the public continues to adhere to the rules on meeting up with other households to help stop the spread of Coronavirus (COVID-19).

“If someone does plan on using fireworks I would urge them to please do so responsibly and safely and to be mindful of their neighbours.

“I would also ask them to consider the various harmful impacts the noise of fireworks can have, including on our veterans, those with sensory issues and on our pets and livestock. Adapting alternative celebrations and sticking to the rules in place can go a huge way to ensuring everyone’s safety.”

Chair of the Review Group Alasdair Hay said: “I am pleased to set out the recommendations from the Firework Review Group.  We have carefully considered the available evidence, and believe a step change is needed in how fireworks are accessed and used by the general public. 

“This is not to prevent adults using fireworks sensibly and safely – rather, to ensure all safety requirements are fully understood and adhered to, and the impact on others has been fully considered.”

Firework Review Group: Report to the Scottish Government.

Community Safety Minister Ash Denham’s full statement to parliament. 

“Enough Is Enough”

  • ministers act swiftly after second terror attack in as many months
  • around 50 jailed extremists will see their automatic release blocked
  • no terrorist offender released before the end of their sentence unless the Parole Board agrees

Emergency legislation introduced in the Westminster Parliament today will end the automatic early release of terrorist offenders, as the government takes decisive action to protect the public and keep our streets safe.

The urgent laws, unveiled by Justice Secretary Robert Buckland QC MP, will ensure terrorist offenders cannot be released before the end of their sentence without a thorough risk assessment by the Parole Board – with those considered still a threat to public safety forced to spend the rest of their time in prison.

The new rules will apply to offenders sentenced for crimes such as training for terrorism, membership of a proscribed organisation, and the dissemination of terrorist publications.

The Bill will cover England & Wales, and Scotland and the government’s Counter-Terrorism Sentencing Bill will apply UK-wide.

The move will end the current automatic half-way release for offenders who receive standard determinate sentences. Instead, they will be forced to spend a minimum of two-thirds of their term behind bars before being referred to the Parole Board for consideration.

It will mean around 50 terrorist prisoners already serving affected sentences will see their automatic release halted.

Justice Secretary & Lord Chancellor, Rt Hon Robert Buckland QC MP, said: “No dangerous terrorist should be released automatically only to go on to kill and maim innocent people on our streets.

“Enough is enough. This government will do whatever it takes to keep the public safe, including making sure no terror offender is released early without a thorough risk assessment by the Parole Board.

“And we are not stopping there. We are stepping-up deradicalisation measures in our prisons, introducing a 14-year minimum for the worst terrorist offenders, and giving more money to the police to deal with these horrific crimes.”

In addition to the Bill the government will ensure that when a terrorist offender is released they will be subject to robust safeguards, which could include notification requirements, restrictions on travel and communications, and imposed curfews.

The Bill is expected to be debated in Parliament as a matter of urgency, receiving Royal Assent by the end of February. It delivers on the government’s commitments following the senseless attack in Streatham last week, with ministers acting swiftly to prevent another terrorist being released early.

Home Secretary Priti Patel said: “Recent months have been a stark reminder of the threat we continue to face from terrorism.

“We are determined to ensure that dangerous terrorists are not free to spread their hateful ideologies or harm the public.

“We are already boosting funding for counter-terrorism police and victims of terrorism and this legislation will ensure terrorist offenders are not released early unless there has been a full assessment of the risks.”

Most serious terror offences already attract extended sentences, which require an offender to be referred to the Parole Board before they can be considered for release before the end of their sentence. The worst cases receive life sentences and may never be released.

However, those who serve what is known as ‘standard determinate sentences’ are released automatically at the half-way point. This means that authorities are powerless to prevent a release – even if an offender continues to display concerning behaviour.

The emergency legislation will prevent that from happening and make sure terrorist offenders are assessed by the Parole Board, who have the powers and expertise to examine sensitive evidence about the specific risks that terrorists pose to public safety.

Today’s announcement builds on recent action by ministers to strengthen the response to terrorism following the Fishmongers’ Hall attack in London Bridge. This includes plans for a new Counter Terrorism Sentencing Bill to be introduced in the coming months which will:

  • Introduce tougher sentences for the most serious terrorist offenders and a 14-year minimum for the worst terrorist offenders.
  • Remove the possibility of any early release from custody for serious dangerous terrorist offenders who receive an Extended Determinate Sentence (EDS).
  • Introduce measures to strengthen licence supervision for terrorist offenders, with longer periods on licence following release.
  • Introduce Polygraph testing for terrorist offenders on licence.

And finally, the Westminster government will review whether the current maximum penalties and sentencing framework for terrorist offences is indeed sufficient or comprehensive on the underlying principle that terrorist offenders should no longer be released until the Parole Board is satisfied that they are no longer a risk to the public.

Seven MILLION hours of community payback

Community sentences continue to support local projects across Scotland

Justice Secretary Humza Yousaf has welcomed figures revealing Scotland’s communities have benefitted from around 7 million hours of unpaid work by people serving Community Payback Orders since their introduction in 2011.

Criminal Justice Social Work 2017-18 statistics show 17,800 Community Payback Orders (CPOs) were commenced in 2017-18 and 75% had an unpaid work or other activity requirement.

In addition, just over 1,000 fiscal work orders commenced in 2017-18 including unpaid work and 86% were successfully completed.

Responding to the figures, the Justice Secretary also confirmed plans to lay the order to extend the presumption against short prison sentences from 3 months to 12 after Easter. Subject to parliamentary approval, it is anticipated the extension will come into force in the summer.

Mr Yousaf said: “From refurbishing and redecorating local facilities to gritting roads in cold weather, unpaid work projects make a real difference to communities. With the total number of hours around 7 million, and evidence showing that those released from a short prison sentence are reconvicted almost twice as often as those given CPOs, the value of community sentences is clear.

“We are working closely with councils, third sector partners and Community Justice Scotland to strengthen the provision of alternatives to custody and support our hard-working prison officers by ensuring prison is focused on those people convicted of the most serious crimes and who pose the highest risk to public safety.

“As we plan for the extension of the presumption against short prison sentences, which is supported by empirical evidence and was backed by the vast majority of consultation respondents, we have protected and strengthened funding for Scotland’s criminal justice social work services so that it now stands at just over £100 million. We also provide over £11.6 million to third sector organisations working to help reduce reoffending – keeping crime down and communities safe.”

Criminal Justice Social Work Statistics in Scotland: 2017-18

6,887,119 of hours of unpaid work have been recorded as part of CPO unpaid work or other activity requirements successfully completed between 1 April 2011 and 31 March 2018. It doesn’t include unpaid work under legacy orders, fiscal work orders or CPOs unpaid work requirements that were not successfully completed.

The use of custodial sentences under 3 months has fallen over the last decade, while the proportion of people given a community sentence has risen, from 14% in 2008-09 to 20% for the last two years.

85% of the responses to the Scottish Government’s 2015 Consultation on Proposals to Strengthen the Presumption against Short Periods of Imprisonment supported an extension of the presumption and 84% supported an extension to 12 months.

National Statistics show that those released from a short prison sentence are reconvicted almost twice as often in 12 months than those given community payback orders (CPOs).

Justice Social Work plays a vital role in ensuring community sentences and other interventions are effective in addressing offending and its causes, paying back to communities and preventing re-offending. This work has helped achieve a 19 year low in reconviction rates.

Completion rates for community sentences have increased, 70% in 2017-18 compared to 64% in 2006-07.  Updated Practice Guidance on Community Payback Orders was published on 25 January to further support effective practice and improvement, including a fresh focus on breach and compliance.

While volumes of criminal justice social work reports and orders fell by over 5% in the last year, ring-fenced funding for Criminal Justice Social Work of just over £100 million is being protected in the 2019-20 Budget to deliver community sentences, support rehabilitation and reduce re-offending.

The Scottish Government continues to invest in third sector services that support criminal justice social work and community justice partners working together, to reduce reoffending. In 2018-19 this investment totalled over £11.6 million including support for mentoring, Apex, SACRO, the 218 Centre for women, Venture Trust, Turning Point Scotland, Families Outside and Prison Visitor Centres.

 

Justice Committee questions use of remand in Scotland

Holyrood’s Justice Committee has found that the proportion of remand prisoners in Scotland is high. This is particularly true amongst female prisoners, where remand prisoners account for almost a quarter of the total female prison population. Continue reading Justice Committee questions use of remand in Scotland

At last, the truth: Independent review of policing during Miners’ Strike announced

‘To investigate and report on the impact of policing on affected communities in Scotland during the period of the miners’ strike from March 1984 – March 1985’.

Scotland will lead the way in the UK in ensuring the experiences of those affected by the Miners’ Strike in the 1980s are properly understood, the Justice Secretary said yesterday. Michael Matheson has ordered an independent review into the impact of policing on communities during the Miners’ Strike, from March 1984 to March 1985. Continue reading At last, the truth: Independent review of policing during Miners’ Strike announced