Another day, another ‘wide-ranging review’ by Blair. This time, it’s on crime.
Tell me, what has he been doing for the past ten years, then?
Another day, another ‘wide-ranging review’ by Blair. This time, it’s on crime.
Tell me, what has he been doing for the past ten years, then?
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March 27th, 2007 at 12:50 pm
A problem to watch out for here is the issue of licences to be followed by 3 years for their breach. This will only overcrowd prisons more. For example, someone sentenced to 12 months and released early on licence and misses a probation interview can receive 3 years just for missing a probation appointment!
March 27th, 2007 at 1:35 pm
Interesting that the punishment for the breach should amount to more than the original offence. Somehow I doubt that that measure will make it past the scrutinising eye of the House of Lords.
March 27th, 2007 at 2:43 pm
Hi Bel:
It’s the same with the ASBOs. These are civil matters which deal with ant-social behaviour not crimes under the criminal law, and yet Labour intend to make it a criminal offence punishable by 5 years imprisonment for breaching an ASBO! I don’t like this back door approach to criminal justice because it does not appear to get the same kind of scrutiny as primary legislation.
March 27th, 2007 at 3:20 pm
I don’t like this back door approach to criminal justice because it does not appear to get the same kind of scrutiny as primary legislation.
jailhouselawyer, you are right to say that. In my law school days, I was brought up on the whole diet of separation of powers. The legislature makes law, the Executive implement it, and the judiciary interpret it.
Not so in real life. The Executive is increasingly getting involved in lawmaking, bypassing Parliament completely. Many years ago, I worked as a parliamentary draftsman, and one of the rules drilled into us was that ‘a statutory instrument can never amend an Act’. It may correct minor errors, but it could never be used to amend the substance of the law.
Not at all these days. Ministers nowadays use statutory instruments to change the substance of Acts of Parliament. These statutory instruments are not always subject to Parliamentary scrutiny. A gross erosion of Parliamentary power, and it has gotten worse under this Government.