The following Corporate Crime practice note Produced in partnership with Simon Creighton of Bhatt Murphy Solicitors provides comprehensive and up to date legal information covering:
Prisoners in England and Wales (either on remand or after conviction) can lawfully be held in any prison and there is no legal right to be held in or transferred to a prison of their choice.
Following conviction, all prisoners must be categorised (see Practice Note: Prisoner categorisation) and this process also requires an initial decision to be made on allocation. Prison Service Instructions (PSI) 39-41/2011 provide guidance on this procedure for adult males, women prisoners and young offenders. The aim is for the process to be completed within one month of conviction and for a suitable allocation to be made. Specific guidance is given to the relevant factors to be taken into account including public protection issues such as safeguarding children and harassment issues.
There is very little policy guidance on the factors to be taken into account when deciding on a prisoner’s initial allocation or transfer. The Prison Rules 1999 (Prison Rules), SI 1999/728 make it a requirement that ‘special attention’ is paid to maintaining family relationships. Previous policy documents indicated that domestic circumstances area relevant factor but the only current guidance on the management of sentences simply states that the Oasis document (which does contain some information about a prisoner’s personal circumstances outside of prison) must be taken into account when allocation decisions are made (Prison
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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