Penal Affairs Panel: News Issue 8 2011

Welcome to PAP News . The Penal Affairs Panel of the Unitarians again brings you news of current issues, both good and bad, in the criminal justice field.

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1 . More on Votes for Prisoners In February, the House of Commons in "a free vote" voted by 234 to 22 to keep the present wholesale ban on voting in elections by sentenced prisoners. The vote does not bind the Coalition government but leaves the problems of how to deal with European Court of Human Rights' decision in 2005 that the blanket ban was unlawful and the 2500 complaints to the ECHR since about the delay. Kenneth Clarke promptly announced that the blanket ban would be rectified. But the Prison Reform Trust commented "about one third of .MPs chose to hang on to the 19 th century punishment of civic death enshrined in the 1870 Forfeiture Act. The message it gives to prisoners and people working in the prison service is a poor one.. The outdated ban has no place in a modern prison system, which is about rehabilitation and respect for the rule of law." See www.guardian.co.uk/politics/2011/feb/10/mps-blanket-ban-prisoners-vote?intcmp=239

2 . Freedom to Marry In 2006, a Catholic from Northern Ireland decided to marry a Catholic from Nigeria who was then subject to immigration controls. This meant getting a certificate at a cost of £285 but which would be not be required were they to marry in the Church of England. The scheme was later amended and the couple married in 2008. The ECHR has found that, despite the amendments, it was still discriminatory. It was not 'based solely on the genuineness of the proposed marriage.' The Court has awarded the couple €8,500 and the £285 fee. See www.bailii.org/eu/cases/ECHR/2010/2022.html

3. Control Order Flawed Last time, we told you that the Home Secretary proposed to replace the Control Order system. The Court of Appeal has now told her that an existing Control Order is so flawed it cannot remain. The Court was told of 'security service' evidence of probable terrorism-related activities by the subject between 2001 and 2004. The Court rejected the evidence of activity since. 9 Control Orders remain in force, all on British citizens. The new measures are expected. See www.guardian.co.uk/law/2011/apr/05/judges-theresa-may-control-order

4. Right to Liberty in Mental Health Detention An Approved Mental Health Professional, employed by Hackney LBC, applied for the admission to hospital of a man under Section 3 of the Mental Health Act 1983. She believed the man's brother had given his consent but when the brother heard of the detention he objected. Moreover, he appealed against the judicial review decision that the detention was lawful. The Court of Appeal has found the detention was illegal from the beginning. The AMHP's belief she had consent was not enough. Good faith will not do when loss of liberty was the outcome. See www.bailii.org/ew/cases/EWCA/Civ/2011/4.html

5. Howard League responds to Green Paper There is a long, detailed discussion of sentencing and its reform in the Green Paper 'Breaking the Cycle, etc.' The Howard League makes bold suggestions, including reserving the use of custodial sentences to Crown Court judges and intensifying community sentences. See http://by148w.bay148.mail.live.com/default.aspx?wa=wsignin1.0

But. the Daily Express reports Ann Widdecombe, the former Home Secretary, as describing the plans to reduce the powers of JPs as "ludicrous". See www.express.co.uk/posts/view/234391/Attack-on-plan-to-strip-JPs-of-powers

And. The Daily Telegraph reports Sadiq Khan, the shadow Justice Secretary, saying the Labour government had been wrong to be tough on crime instead of tackling reoffending. The Labour party should, he is reported to argue, "be striving for a lower prison population." See www.telegraph.co.uk/comment/columnists/maryriddell/8367146/Ed-Miliband-is-right-Labour-got-it-wrong-on-crime-;

6. DDA does not cover CAB volunteers Those of us giving free legal and other advice will note X v. Mid Sussex CAB (2011) EWCA. The issue of disablement of a volunteer cannot be used to prevent his or her services being declined. It is not discrimination under the Disability Discrimination Act 1995 as 'volunteers' are not covered by the Act. Nor, contrary to the view of the Equality and Human Rights Commission, does a CAB advisor undergo "vocational training". Moreover, the Court of Appeal found that, while the Act and Directive cover 'employment' and 'occupation', these are 'economic activities' with remuneration which CAB volunteers do not do. See www.bailii.org /ew/cases/EWCA/Civ/2011/28.html

7. GA2011 "Human Rights or Civil Liberties?" If you are coming to Swansea , do come to the PAP Presentation on Saturday afternoon. Dr. Helen Quane will address the problems and you will get to vote secretly and see the results instantly. Come and see!

Lastly. Please send your own news to bruce_chilton@hotmail.com