Prison law

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Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the coronavirus (COVID-19) pandemic. In particular, the...
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9th Nov
Practice notes
OmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed....
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9th Nov
Practice notes
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Practice notes
The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...
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Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
Practice notes
There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person...
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9th Nov
Practice notes
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
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9th Nov
Practice notes
What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...
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9th Nov
Practice notes
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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9th Nov
Practice notes
Serious crime prevention orders (SCPOs) were created by Part 1 of the Serious Crime Act 2007 (SCA 2007) and are civil orders used against those...
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9th Nov
Practice notes
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The...
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9th Nov
Practice notes
Specific intent—definitionOffences requiring specific intent are of two kinds:•where the mental element of the offence requires a purposive intent...
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9th Nov
Practice notes
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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9th Nov
Practice notes
Judicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and public hearing by an...
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9th Nov
Practice notes
Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application...
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Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 12th Jan
Practice notes
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
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9th Nov
Practice notes
The offence of misleading omissionsEngaging in a commercial practice that is a misleading omission is made an offence by the Consumer Protection from...
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9th Nov

Most recent Prison law content

Practice notes
Parole Board recommendations for licence conditionsWhen directing a life sentence or imprisonment for public protection (IPP) prisoner’s release the...
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Produced in partnership with Andrew Sperling of SL5 Legal 16th Apr
Practice notes
Statutory FunctionsThe parole board is a corporate body required to advise the Secretary of State in relation to any matter referred to it concerning...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 9th Apr
Practice notes
Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 9th Apr
Practice notes
The scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by...
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Produced in partnership with Andrew Sperling of SL5 Legal 9th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
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Produced in partnership with Andrew Sperling of SL5 Legal 9th Apr
Practice notes
Scope of Parole Board decisionsThe Parole Board makes decisions on:•the release of life and indeterminate sentence prisoners•the transfer of such...
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Produced in partnership with Andrew Spurling and Elaine Macdonald of SL5 Legal of Tuckers Solicitors 19th Mar
Practice notes
This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as...
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Produced in partnership with Flora Page of 23 Essex Street 17th Mar
Practice notes
Repatriation is the process whereby a prisoner serving a sentence of imprisonment in one country may be able to serve the balance of their sentence in...
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Produced in partnership with Andrew Sperling of SL5 Legal 24th Feb
Practice notes
Categorisation is the process by which a prisoner’s security category is determined. This affects the type of prison in which they may be held, but it...
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Produced in partnership with Andrew Sperling of SL5 Legal 24th Feb
Practice notes
Mandatory drugs testing—when and why?Mandatory drug testing (MDT) was introduced in 1995 through an amendment to the Prison Act 1952 (PA 1952). It is...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 24th Feb
Practice notes
Prison propertyPrison Rules 1999, SI 1999/728, r 43 provides statutory authority for the Secretary of State to issue directions concerning the...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors and Andrew Spurling of Tuckers Solicitors 24th Feb
Practice notes
Can a prisoner request a transfer?Prisoners in England and Wales (either on remand or after conviction) can lawfully be held in any prison and there...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 24th Feb
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the response to the COVID-19 outbreak. In particular,...
Read More >
Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 24th Feb
Practice notes
Judicial review of decisions affecting prisonersThe decisions of a public authority including prisons, Parole Board and Government departments, can be...
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24th Feb
Practice notes
What is IEPS?The national Incentives and Earned Privilege Scheme (IEPS) was introduced in 1995 on the recommendation of Lord Justice Woolf following...
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Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors 24th Feb

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