On 14th November 2023, the House of Commons presented the Criminal Justice Bill and Sentencing Bill to the House of Commons for their first reading.

This legislative duo, outlined in the recent King’s Speech, promises a comprehensive overhaul of the existing legal framework, marking a decisive step toward addressing issues of public safety, judicial transparency, and the treatment of the most serious criminal offenses.

Criminal Justice Bill

The proposed Criminal Justice Bill introduces a series of measures aimed at bolstering public safety while navigating the balance between the rights of the accused and the protection of society. Here are some key features:

  1. Extended Sentences for ‘Most Dangerous Criminals’: The bill takes a firm stance on public safety by advocating for longer sentences for individuals deemed the ‘most dangerous criminals.’ Notably, it emphasises that rapists must serve every day of their sentence behind bars, underscoring a commitment to ensuring justice for victims and holding perpetrators accountable.

 

  1. Extended Sentences for ‘Most Dangerous Criminals’: The bill takes a firm stance on public safety by advocating for longer sentences for individuals deemed the ‘most dangerous criminals.’ Notably, it emphasises that rapists must serve every day of their sentence behind bars, underscoring a commitment to ensuring justice for victims and holding perpetrators accountable.

 

  1. Enhanced Police Powers: A notable provision grants the police the authority to enter premises without a warrant if they possess reasonable proof that a specific stolen item is within close proximity. This power aims to expedite investigations, contributing to more effective law enforcement and the swift recovery of stolen property.

 

  1. International Prisoner Transfers: Recognising the global nature of crime, the bill introduces powers to transfer prisoners both into and out of England and Wales to serve their sentences abroad. This move aligns with broader efforts to strengthen international cooperation in combating crime and ensuring that justice transcends borders.

 

  1. Duty of Candour for Policing: Transparency lies at the heart of the Criminal Justice Bill with the introduction of a new duty of candour for policing. This obligation fosters a culture of openness and accountability, holding law enforcement agencies to higher standards of communication with the public.

 

  1. Appeal Rights for Chief Officers: Chief officers of police forces are granted the right to appeal the outcomes of misconduct boards to the Police Appeals Tribunals. This provision seeks to ensure fair and just processes within police departments, reinforcing the accountability of those entrusted with upholding the law.

Sentencing Bill:

The companion Sentencing Bill dovetails with its counterpart, placing an emphasis on the severity of punishment for the gravest offences and implementing measures to reform the sentencing system

  1. Whole Life Orders in Extreme Cases: The Sentencing Bill mandates a new duty for the court to impose a Whole Life Order in the most serious cases, particularly those involving murders with sexual conduct.

 

  1. No Parole for Rapists: Building on the Criminal Justice Bill’s stance, the Sentencing Bill ensures that rapists serve the entirety of their custodial term in prison, eliminating any possibility of early release on parole. This stringent measure aims to provide justice for survivors and send a clear message that such heinous crimes will be met with severe consequences.

 

  1. Presumption to Suspend Short Custodial Sentences: In a move toward a more rehabilitative approach, the Sentencing Bill introduces a presumption to suspend short custodial sentences. This reflects a commitment to exploring alternatives to incarceration for less severe offences, focusing on rehabilitation and reintegration into society.

Conclusion:

As the Criminal Justice and Sentencing Bills take their first steps through the legislative process, the implications for the future of the justice system are profound. Balancing the scales of justice between the rights of the accused and the safety of society, these bills signify a commitment to a fair and effective legal framework. As the journey through Parliament unfolds, the nation watches with anticipation, aware that these bills hold the potential to shape the landscape of justice for generations to come.

Farleys’ Actions Against Public Authorities department is committed to ensuring the rights of people who feel they have been falsely detained or badly treated by the authorities in line with the law. We will be keeping a close eye on the new Bills and will be on hand to provide legal advice. To speak to a member of the team in confidence please call 0845 287 0939 or get in touch by email.