Much greater clarity and transparency are needed in the prosecution of “joint enterprise” cases, a research report by the Institute for Criminal Policy Research (ICPR) of Birkbeck, University of London, in partnership with the Prison Reform Trust, has found.
The study, funded by the Nuffield Foundation, aimed to find out how the doctrine was used in the prosecution of serious offences.
Based on a detailed analysis of the sampled cases, the report says that there is an “urgent need” for greater clarity in the prosecution of joint enterprise cases.
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Commenting on today’s judgement by the Supreme Court in the cases of R v Jogee (Appellant) Ruddock (Appellant) v The Queen (Respondent)(Jamaica) concerning the application of the doctrine of joint enterprise, Juliet Lyon, Director of the Prison Reform Trust, said:
“This judgement brings useful clarity to a complex area of law which has been the subject of increasing concern from the cross-party justice committee, criminal justice professionals, policy-makers, penal reformers and others. In some instances sentencing under joint enterprise has acted as a dragnet. For families, victims and offenders, this judgement should prompt more precise and proportionate decisions at each stage in the criminal justice process.
“The court's ruling that the law "took a wrong turning" will undoubtedly bring back to court cases where the original outcome was unjust. It is impossible to say how many cases this will affect but it is essential that resources are provided to allow appeals to be considered promptly.”
An explosion in the use of indeterminate sentences and the increased use of long determinate sentences are key drivers behind the near doubling of prison numbers in the past two decades. The latest edition of the Bromley Briefing Prison Factfile, published today (30 November) by the Prison Reform Trust, reveals the cost of our addiction to imprisonment in wasted time, money and lives.
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Over 9,000 women were received into prison last year, most of them for non-violent offences, many of them leaving dependent children behind. An estimated 17,240 children, including many under 5 years old, are separated from their mothers by imprisonment. The impact on children can be profound and long-lasting – including increased risks of mental illness and anti-social behaviour. Only 5% of children with a mother in prison are able to stay in the family home – and only 9% are cared for by their fathers. By contrast, most children with an imprisoned father remain with their mother.
In a discussion paper published today (24 November), the Prison Reform Trust considers sentencing policy, process and practice through a review of case law and research evidence, talking to mothers in prison, and consultations with key individuals and organisations. Based on this analysis, it proposes a number of reforms to reduce the number of children separated from their mothers through imprisonment.
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Too many women, many of whom are mothers, are sent to prison every year to serve short sentences for non-violent crimes, often for a first offence, a new Prison Reform Trust (PRT) briefing reveals.
The briefing marks the launch of a drive by the Prison Reform Trust, supported by a £1.2 million grant from the Big Lottery Fund, to reduce the number of women who are sent to prison for minor non-violent offences.
A rapid expansion in the prison population in England and Wales over the past twenty years is placing a growing burden on the taxpayer while reoffending rates out of prison have remained stubbornly high, according to a new report by the Prison Reform Trust.
Analysis published in Prison: The Facts estimates that in 2014 the cost of holding that increased population at today’s costs was an extra £1.22bn compared with twenty years ago—a cost of over £40 per year for every UK taxpayer.
This extra funding of prison places is equivalent to employing an additional 56,000 newly qualified nurses.
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Lord Laming chairs independent review into links between care and custody
An independent review of children in care, chaired by the crossbench peer Lord Laming and established by the Prison Reform Trust, is launched today to consider the reasons behind, and how best to tackle, the over representation of looked after children in the criminal justice system in England and Wales.
Following a number of requests, the deadline for written submissions to the care review has been extended until 5.00pm on Tuesday 25 August 2015.
A prison system built to hold young men is struggling to cope with the rapidly growing numbers of old, sick and disabled people behind bars, a new Prison Reform Trust report, supported by the Bromley Trust, reveals.
The report, launched at HMP Brixton today (Tuesday 28 October), comes the day before the Prisons Minister Andrew Selous MP is due to give evidence on older prisoners to the Justice Select Committee.
People aged 60 and over and those aged 50–59 are the first and second fastest growing age groups in the prison population. Between 2002 and 2014 there was an increase of 146% and 122% in the number of prisoners held in those age groups respectively. On 31 March 2014 there were 102 people in prison aged 80 and over. Five people in prison were 90 or older.
Ever-lengthening sentences mean people in prison are growing old and frail with high rates of unmet social care and support needs. Two in five (37%) of those over the age of 50 in prison have a disability.
A new report by the Prison Reform Trust, supported by the Bromley Trust, shows a system under significant strain with fewer staff, worsening safety, and fewer opportunities for rehabilitation.
Unprecedented cuts to the Ministry of Justice budget, due to total £2.4bn by 2015-16 , are creating a race to the bottom in prison conditions and the warehousing of people in super-sized jails, according to the Prison Reform Trust’s new report Prison: the facts.
Supporting women at an early stage to help them address the causes of their offending would cut crime, reduce women’s prison numbers and save the taxpayer money, according to a new briefing launched today by the Prison Reform Trust.
Brighter Futures, supported by the Pilgrim Trust, profiles innovative approaches to reducing women’s offending and calls for the development of coordinated services that bring together police, health, women’s services and local authorities to help women turn their lives around.
The former Home Secretary David Blunkett’s welcome admission that the plight of some people affected by the introduction of the Kafkaesque Indeterminate Sentence for Public Protection (IPP) was on his conscience will be of little comfort to the 3,561 people in prison serving an IPP sentence held beyond their tariff expiry date.
Commenting on HM Inspectorate of Prisons report on HMP Pentonville, Juliet Lyon, Director of the Prison Reform Trust, said:
"Despite some welcome improvements, this report is one in a long line of inspectorate reports into large, local Victorian jails which show that the pressures of coping with shrinking budgets and rising prison numbers are turning parts of our prison estate into human warehouses, with staff who are hard pressed to provide purposeful activity, education and employment or meet even the basic needs of such a vulnerable and needy population."