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| Author | : Great Britain: Ministry of Justice |
| Publisher | : The Stationery Office |
| Total Pages | : 48 |
| Release | : 2012-10-19 |
| Genre | : Political Science |
| ISBN | : 9780101843324 |
Dated October 2012. Response to HC 97-I (ISBN 9780215047557)
| Author | : Great Britain. Ministry of Justice |
| Publisher | : |
| Total Pages | : 11 |
| Release | : 2013-04-25 |
| Genre | : Political Science |
| ISBN | : 9780101860024 |
Dated April 2013. Government response to HC 645, session 2012-13 (ISBN 9780215053374)
| Author | : Great Britain: Parliament: House of Commons: European Scrutiny Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 114 |
| Release | : 2012-12-13 |
| Genre | : Political Science |
| ISBN | : 9780215051011 |
| Author | : Great Britain. Ministry of Justice |
| Publisher | : |
| Total Pages | : 14 |
| Release | : 2012-01-19 |
| Genre | : |
| ISBN | : 9780101825726 |
Response to Committee's 10th report, session 2010-12, HC 1547, (ISBN 9780215038791). Dated January 2012
| Author | : Great Britain: Parliament: House of Commons: Justice Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 40 |
| Release | : 2013-09-13 |
| Genre | : Law |
| ISBN | : 9780215062239 |
The Government presented its Post-legislative Scrutiny of the Serious Crime Act 2007 Memorandum to the Home Affairs Committee and Justice Committee in November 2012. The parts of the Memorandum falling within the Justice Committee's remit were a) Serious Crime Prevention Orders and b) Part 2, in particular, offences of encouraging or assisting crime in terms of prosecution and interpretation of the sections by courts and the CPS. There is concern about the trenchant criticism that Part 2 of the Serious Crime Act 2007 received. In addition, Part 2 was the subject of appeals to the Court of Appeal. The report concurs with the academics who wrote that the sections are complex and difficult to understand for lawyers, let alone for defendants, jurors and other lay-people working in the criminal justice system. It raises some key concerns and questions about the purpose of post-legislative scrutiny. It is considered that where the substance of an Act or part of an Act is to create or revise criminal offences it is appropriate for questions of a purely legal or technical nature to be considered. The latest judgment in the case of Sadique may allow the legislation to settle into accepted use and interpretation. However, the Ministry should conduct a further and full post-legislative assessment of Part 2 in 2016. If, in the meantime, the number of appeals on Part 2 increases, the Ministry should consider bringing forward legislative proposals for revising, or even replacing, Part 2 to meet the purpose of the legislation in a less tortuous fashion
| Author | : Great Britain: Parliament: House of Commons: Justice Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 44 |
| Release | : 2013-10-31 |
| Genre | : Law |
| ISBN | : 9780215063403 |
The Government has struck a reasonable balance in the way it is planning to exercise its right to opt-out of pre-Lisbon Treaty EU policing and criminal justice measures, but the way it has engaged Parliament in the decision-making process has been badly handled and 'cavalier'. The Government left the Commons select committees far too little time to assess the reasons for their decisions on EU justice opt-ins, and did not provide the full impact assessment which was needed. The Committee agrees with the Government's plans to seek to opt back into seven of the sixteen measures, and not to opt into a number of others. The Committee also raises questions about the Government's intention not to opt back into two specific instruments, the Probation Measures Framework Decision and the Framework Decision on the settlement of conflicts of jurisdiction. The Committee also calls on the Government to provide an assessment of the effect of the extension of the jurisdiction of the Court of Justice of the European Union over the measures covered by the opt-out. The Committee also agrees with the Government's proposal to seek to rejoin decisions on data protection in policing and criminal justice, and on a data protection secretariat, but says that the arguments are more finely balanced in relation to the Framework Decision on settlement of conflicts of jurisdiction
| Author | : Great Britain: Parliament: Joint Committee on Human Rights |
| Publisher | : The Stationery Office |
| Total Pages | : 52 |
| Release | : 2013-02-28 |
| Genre | : Business & Economics |
| ISBN | : 9780108550393 |
The Justice and Security green paper published as Cm. 8194 (ISBN 9780101819428); the Bill published as HL Bill 27, session 2012-13 (ISBN 9780108433757) and the Committee's first report on the Bill published as HLP 59/HCP 372 session 2012/13 (ISBN 9780108476242)
| Author | : Murray Hunt |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 735 |
| Release | : 2015-04-30 |
| Genre | : Law |
| ISBN | : 1782254382 |
In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons
| Author | : Great Britain: Parliament: House of Commons: Justice Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 226 |
| Release | : 2013-03-14 |
| Genre | : Law |
| ISBN | : 9780215055187 |
Public authorities have a duty to ensure looked after children are not at greater risk of being drawn into the criminal justice system than other children. The relevant authorities must continue to support looked after children and care leavers when they are in, and when they leave, custody. The substantial decrease since 2006/07 in the number of young people entering the criminal justice system for the first time is welcomed but looked after children have not benefited from this shift to the same extent as other children. The Youth Justice Board has done excellent work to halve the youth custodial population over the past decade but continues to spend £246 million a year detaining a small fraction of young offenders. Recommendations include: a statutory threshold to enshrine in legislation the principle that only the most serious and prolific young offenders should be placed in custody; devolving the custody budget to enable local authorities to invest in effective alternatives to custody; and more action to reduce the number of young people who breach the terms of their community sentences and the number of young black men in custody. The aim of improving the basic literacy of offenders, as outlined in the Transforming Youth Custody consultation paper is endorsed, but is it most useful to focus resources on the secure estate, given that the average length of stay is currently 79 days? The greater focus should be on improving transition between custody and the community, and on improving provision in the community and incentivising schools and colleges to take back difficult students.
| Author | : Great Britain: Parliament: House of Commons: Justice Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 132 |
| Release | : 2012-11 |
| Genre | : Business & Economics |
| ISBN | : 9780215049759 |
The processes and procedures that are specified within the EU proposals to update data protection laws do not allow for flexibility or discretion for businesses or other organisations which hold personal data, or for data protection authorities. The proposals should focus on those elements that are required to achieve the Commission's objectives, whilst compliance should be entrusted to Member States' data protection authorities. These instruments would give EU citizens new data protection rights as set out in the Charter of Fundamental Rights of the European Union and the Lisbon Treaty. Despite its criticisms, the Committee welcomes the potential benefits that an updated law could bring. For individuals, their rights would be strengthened, and in particular the new framework would guard against some of the more unwelcome and often criticised aspects of digital data processing. From a business perspective, the benefits would mainly accrue through the effective harmonisation of laws. Whilst the draft Regulation would cover general data protection, the draft Directive is specifically concerned with data protection for law enforcement purposes. The Committee been told that the draft Directive does not apply to domestic processing by law enforcement agencies within the UK. This needs to be placed beyond doubt. Additionally, it needs to be made clear that the Directive must not impact on the ability of the police to use common law powers to pass on information in the interests of crime prevention and public protection
