Podcasts about offenders act

The ReImagine Law team are joined by Jane Cotton (Pro Bono Manager at Eversheds Sutherland) and Rebecca Wilkinson (CEO of LawWorks) to join in the discussion and unpack all things pro bono.This episode gives listeners an in-depth look at the definition of pro bono and some practical examples of how it works in practice.  Current issues in the pro bono sector are discussed, as well as ways that listeners can get involved.We always encourage listeners to undertake practical actions after listening to the episode. Have a look at what is happening during National Pro Bono Week, held each year in November http://probonoweek.org.uk/ Research pro bono opportunities that you can get involved with in your local area, perhaps via your education institution, local court or Law Centre / Citizens Advice. Useful resources The Pro Bono Protocol: https://www.lawworks.org.uk/why-pro-bono/what-pro-bono/pro-bono-protocol National Pro Bono Week: http://probonoweek.org.uk/ LawWorks website: https://www.lawworks.org.uk/ The Legal Aid Sentencing and Punishing of Offenders Act 2012: https://www.legislation.gov.uk/ukpga/2012/10/contents/enacted

Raphael de Vietri provides an introduction to the expanding area of Post-Sentence Orders under the Serious Offenders Act, with an explanation of the historical background to the Act, its key terminology, Supervision and Detention Orders proceedings, and Breach Proceedings. 

Government Notebook (Sep. 3, 2021) Government to amend Criminal Records Rehabilitation of Offenders Act; and the Government of Saint Lucia spares no efforts in curbing the spread of COVID-19. For details on these updates and more, visit: www.govt.lc/news www.facebook.com/SaintLuciaGovernment www.youtube.com/SaintLuciaGovernment www.twitter.com/SaintLuciaGov www.instagram.com/saintluciagovernment/

Facts in Brief The Appellants were youngsters (19-20 years of age) at the time of commission of offence under Section 397 (Robbery, or dacoity, with attempt to cause death or grievous hurt) of the Indian Penal Code, 1860 (in short, “IPC”). They were convicted under the said provisions and sentenced to undergo Rigorous Imprisonment of 7 years each. Section 397 of IPC reads as under: - “If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.” Thus, the minimum sentence prescribed under Section 397 is 7 years. Before the Hon'ble Supreme Court of India, it was contended by the Appellants that they should be given the benefit of Probation of Offenders Act as they have already served close to half of their respective sentences. Scheme of Probation of Offenders Act and Observations by the Court The Court inaugurated its reasoning by discussing According to the Statement of Objects and Reasons of the said Act, it is an Act to give the benefit of release of offenders on probation of good conduct instead of sentencing them to imprisonment. Thus, the emphasis is on reformation and rehabilitation of offenders as useful members of the society without subjecting them to the deleterious and negative effects of a jail life. Further, the Court took recourse to the case of Ramji Missar v. State of Bihar, AIR 1963 SC 1088, wherein it was held that Section 6 of the Act of 1958 provides a restriction on imprisonment of offenders who were under twenty-one (21) years of age on the date of sentencing and not on the date of commission of offence. If the Court thinks otherwise and thinks that there is a need to imprison such persons, it shall have to call for a Report from the Probation Officer. According to the Court, since at the time of sentencing, the offenders in the present case had crossed the age of 21 years, therefore, it will not be possible to give them the benefit of Section 6. Thereafter the Court perused Section 4 of the Probation of Offenders Act that provides for power of the Court to release certain offenders on probation of good conduct. Section 4 (1) of the Act of 1958 reads as under: - “When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the court may direct, and in the meantime to keep the peace and be of good behaviour:Provided that the court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond.” Hence, where the Court after considering the totality of circumstances of a case thinks that an offender should be released on probation of conduct, then it may do so by imposing the above-stated conditions. The Court also discussed the case of Ishar Das v. State of Punjab, (1973) 2 SCC 65, wherein it was observed that the non-obstante clause in Section 4 reflects the legislative intention to have an overriding effect over other provisions of law and Probation of Offenders Act being a beneficial legislation should be so construed. The case of CCE v. Bahubali, (1979) 2 SCC 279, was also discussed wherein it was opined that the Probation of Offenders Act may not apply to cases wherein any special legislation has a non-obstante clause and provides for a mandatory minimum sentence. Held Upon perusing the discussed case-laws and legal provisions, the Court came to the conclusion that the offenders have been convicted under the Indian Penal Code, 1860, which is not a special legislation and though minimum sentence is prescribed under Section 397 of IPC, yet the totality of facts and circumstances of the present has to be considered such as: - 1. The offenders were 19-20 years of age at the time of commission of offence.2. The offenders have already served around half of their sentences i.e., around 3.5 years.3. The victim in the present case appears to have forgiven the offenders.4. There is no adverse report against the offenders about their conduct in the jail. Therefore, the Court was of the view that the present case is a fit case wherein the benefit of probation can be extended to the Appellants/Offenders in light of Section 4 and relevant judicial pronouncements. Hence, the Appellants were released with an undertaking that they shall maintain peace and good behaviour for the remaining part of their sentence. Concluding Remarks I concur with the reasoning of this judgment as the legislative intent of Section 6 makes it clear that its benefit could be extended where the offenders are less than 21 years of age at the time of sentencing and not at the time of commission of offence. Yet the Court exercised its discretion and beneficially interpreted Section 4 of the Probation of Offenders Act and considering the facts and circumstances, gave its benefit to the Appellants/Offenders. The purpose of criminal justice system is to reform the offenders and not adopt a retributive approach wherein simply for the sake of sentencing, offenders are sentenced harshly.

What can you do about undeclared convictions of existing employees? In this episode of the podcast I answer a question from a podcast listener with regards to criminal convictions and what you can do if you find an employee has a conviction you did not know about, which, whilst it does not impact on their job role, could cause reputational damage. In this episode I will cover: The different rules that apply between Spent and Unspent Convictions. When some job roles are exempt from the Spent conviction rules. What you need to consider and the risks of dismissing an employee? Circumstances in which you may decide to dismiss or refuse employment to someone because of a conviction. Considerations if you do employ someone with a previous conviction. Action Points Consider if any of the job roles in your business fall under the Exceptions Order.  Look at how the vetting process works and fits in your organisation. Consider what steps you take to undertake checks and background information about candidates. If you are unsure how this decision affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001 Useful Links  Rehabilitation of Offenders Act 1974 – Guidance    As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006  

Docherty was convicted in a criminal trial and was considered to be a 'dangerous offender'. He was sentenced to imprisonment for public protection (IPP) under the old sentencing regime of the Criminal Justice Act 2003 but argued he should have been sentenced under the new regime to an extended determinate sentence (EDS) under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. In this podcast we explore the decision by the Supreme Court as well as the implications for criminal and social justice. Music from bensound.com

After the Legal Aid, Sentencing and Punishment of Offenders Act 2012 reduced the availability of legal aid in the UK the Lord Chancellor sought to take this further by preparing a draft order that would introduce a residency test. The Public Law Project challenged this measure on the basis that it would be ultra vires and unjustifiably discriminatory.

The legal aid system was created in 1949 as part of the development of the post-war Welfare State, alongside the National Health Service. It provides funding both for legal advice and out-of-court representation by lawyers, for example in negotiating the settlement of disputes, and – should it come to this – legal representation in court. However, this is set to change in April 2013, when the controversial Legal Aid, Sentencing and Punishment of Offenders Act 2012 is due to come into force. The Act raises profound concerns about access to justice, largely removing legal aid from many of the areas of law where it has previously been available. Ms Jo Miles discusses the potential effects of the new Act on access to justice, especially in relation to difficult family law cases. Ms Miles is Fellow and Director of Studies at Trinity College, Cambridge, and a Senior Lecturer in Law, specialising in Family Law. She is also Academic door tenant at 1 Hare Court, Assistant editor of the Child and Family Law Quarterly. and an Elected member of the Executive Council of the International Society of Family Law. In 2005 Ms Miles was seconded for two years to the Law Commission for England and Wales to work on the financial consequences of relationship breakdown. For more information about Ms Miles, please refer to her profile at http://www.law.cam.ac.uk/people/academic/j-k-miles/57 Law in Focus is a collection of short videos featuring academics from the University of Cambridge Faculty of Law, addressing legal issues in current affairs and the news. These issues are examples of the many which challenge researchers and students studying undergraduate and postgraduate law at the Faculty.

The legal aid system was created in 1949 as part of the development of the post-war Welfare State, alongside the National Health Service. It provides funding both for legal advice and out-of-court representation by lawyers, for example in negotiating the settlement of disputes, and – should it come to this – legal representation in court. However, this is set to change in April 2013, when the controversial Legal Aid, Sentencing and Punishment of Offenders Act 2012 is due to come into force. The Act raises profound concerns about access to justice, largely removing legal aid from many of the areas of law where it has previously been available. Ms Jo Miles discusses the potential effects of the new Act on access to justice, especially in relation to difficult family law cases. Ms Miles is Fellow and Director of Studies at Trinity College, Cambridge, and a Senior Lecturer in Law, specialising in Family Law. She is also Academic door tenant at 1 Hare Court, Assistant editor of the Child and Family Law Quarterly. and an Elected member of the Executive Council of the International Society of Family Law. In 2005 Ms Miles was seconded for two years to the Law Commission for England and Wales to work on the financial consequences of relationship breakdown. For more information about Ms Miles, please refer to her profile at http://www.law.cam.ac.uk/people/academic/j-k-miles/57 Law in Focus is a collection of short videos featuring academics from the University of Cambridge Faculty of Law, addressing legal issues in current affairs and the news. These issues are examples of the many which challenge researchers and students studying undergraduate and postgraduate law at the Faculty.

The legal aid system was created in 1949 as part of the development of the post-war Welfare State, alongside the National Health Service. It provides funding both for legal advice and out-of-court representation by lawyers, for example in negotiating the settlement of disputes, and – should it come to this – legal representation in court. However, this is set to change in April 2013, when the controversial Legal Aid, Sentencing and Punishment of Offenders Act 2012 is due to come into force. The Act raises profound concerns about access to justice, largely removing legal aid from many of the areas of law where it has previously been available. Ms Jo Miles discusses the potential effects of the new Act on access to justice, especially in relation to difficult family law cases. Ms Miles is Fellow and Director of Studies at Trinity College, Cambridge, and a Senior Lecturer in Law, specialising in Family Law. She is also Academic door tenant at 1 Hare Court, Assistant editor of the Child and Family Law Quarterly. and an Elected member of the Executive Council of the International Society of Family Law. In 2005 Ms Miles was seconded for two years to the Law Commission for England and Wales to work on the financial consequences of relationship breakdown. For more information about Ms Miles, please refer to her profile at http://www.law.cam.ac.uk/people/academic/j-k-miles/57 Law in Focus is a collection of short videos featuring academics from the University of Cambridge Faculty of Law, addressing legal issues in current affairs and the news. These issues are examples of the many which challenge researchers and students studying undergraduate and postgraduate law at the Faculty. This entry provides an audio source for iTunes U.

The legal aid system was created in 1949 as part of the development of the post-war Welfare State, alongside the National Health Service. It provides funding both for legal advice and out-of-court representation by lawyers, for example in negotiating the settlement of disputes, and – should it come to this – legal representation in court. However, this is set to change in April 2013, when the controversial Legal Aid, Sentencing and Punishment of Offenders Act 2012 is due to come into force. The Act raises profound concerns about access to justice, largely removing legal aid from many of the areas of law where it has previously been available. Ms Jo Miles discusses the potential effects of the new Act on access to justice, especially in relation to difficult family law cases. Ms Miles is Fellow and Director of Studies at Trinity College, Cambridge, and a Senior Lecturer in Law, specialising in Family Law. She is also Academic door tenant at 1 Hare Court, Assistant editor of the Child and Family Law Quarterly. and an Elected member of the Executive Council of the International Society of Family Law. In 2005 Ms Miles was seconded for two years to the Law Commission for England and Wales to work on the financial consequences of relationship breakdown. For more information about Ms Miles, please refer to her profile at http://www.law.cam.ac.uk/people/academic/j-k-miles/57 Law in Focus is a collection of short videos featuring academics from the University of Cambridge Faculty of Law, addressing legal issues in current affairs and the news. These issues are examples of the many which challenge researchers and students studying undergraduate and postgraduate law at the Faculty.

The legal aid system was created in 1949 as part of the development of the post-war Welfare State, alongside the National Health Service. It provides funding both for legal advice and out-of-court representation by lawyers, for example in negotiating the settlement of disputes, and – should it come to this – legal representation in court. However, this is set to change in April 2013, when the controversial Legal Aid, Sentencing and Punishment of Offenders Act 2012 is due to come into force. The Act raises profound concerns about access to justice, largely removing legal aid from many of the areas of law where it has previously been available. Ms Jo Miles discusses the potential effects of the new Act on access to justice, especially in relation to difficult family law cases. Ms Miles is Fellow and Director of Studies at Trinity College, Cambridge, and a Senior Lecturer in Law, specialising in Family Law. She is also Academic door tenant at 1 Hare Court, Assistant editor of the Child and Family Law Quarterly. and an Elected member of the Executive Council of the International Society of Family Law. In 2005 Ms Miles was seconded for two years to the Law Commission for England and Wales to work on the financial consequences of relationship breakdown. For more information about Ms Miles, please refer to her profile at http://www.law.cam.ac.uk/people/academic/j-k-miles/57 Law in Focus is a collection of short videos featuring academics from the University of Cambridge Faculty of Law, addressing legal issues in current affairs and the news. These issues are examples of the many which challenge researchers and students studying undergraduate and postgraduate law at the Faculty. This entry provides an audio source for iTunes U.

The legal aid system was created in 1949 as part of the development of the post-war Welfare State, alongside the National Health Service. It provides funding both for legal advice and out-of-court representation by lawyers, for example in negotiating the settlement of disputes, and – should it come to this – legal representation in court. However, this is set to change in April 2013, when the controversial Legal Aid, Sentencing and Punishment of Offenders Act 2012 is due to come into force. The Act raises profound concerns about access to justice, largely removing legal aid from many of the areas of law where it has previously been available. Ms Jo Miles discusses the potential effects of the new Act on access to justice, especially in relation to difficult family law cases. Ms Miles is Fellow and Director of Studies at Trinity College, Cambridge, and a Senior Lecturer in Law, specialising in Family Law. She is also Academic door tenant at 1 Hare Court, Assistant editor of the Child and Family Law Quarterly. and an Elected member of the Executive Council of the International Society of Family Law. In 2005 Ms Miles was seconded for two years to the Law Commission for England and Wales to work on the financial consequences of relationship breakdown. For more information about Ms Miles, please refer to her profile at http://www.law.cam.ac.uk/people/academic/j-k-miles/57 Law in Focus is a collection of short videos featuring academics from the University of Cambridge Faculty of Law, addressing legal issues in current affairs and the news. These issues are examples of the many which challenge researchers and students studying undergraduate and postgraduate law at the Faculty.

The legal aid system was created in 1949 as part of the development of the post-war Welfare State, alongside the National Health Service. It provides funding both for legal advice and out-of-court representation by lawyers, for example in negotiating the settlement of disputes, and – should it come to this – legal representation in court. However, this is set to change in April 2013, when the controversial Legal Aid, Sentencing and Punishment of Offenders Act 2012 is due to come into force. The Act raises profound concerns about access to justice, largely removing legal aid from many of the areas of law where it has previously been available. Ms Jo Miles discusses the potential effects of the new Act on access to justice, especially in relation to difficult family law cases. Ms Miles is Fellow and Director of Studies at Trinity College, Cambridge, and a Senior Lecturer in Law, specialising in Family Law. She is also Academic door tenant at 1 Hare Court, Assistant editor of the Child and Family Law Quarterly. and an Elected member of the Executive Council of the International Society of Family Law. In 2005 Ms Miles was seconded for two years to the Law Commission for England and Wales to work on the financial consequences of relationship breakdown. For more information about Ms Miles, please refer to her profile at http://www.law.cam.ac.uk/people/academic/j-k-miles/57 Law in Focus is a collection of short videos featuring academics from the University of Cambridge Faculty of Law, addressing legal issues in current affairs and the news. These issues are examples of the many which challenge researchers and students studying undergraduate and postgraduate law at the Faculty. This entry provides an audio source for iTunes U.

The legal aid system was created in 1949 as part of the development of the post-war Welfare State, alongside the National Health Service. It provides funding both for legal advice and out-of-court representation by lawyers, for example in negotiating the settlement of disputes, and – should it come to this – legal representation in court. However, this is set to change in April 2013, when the controversial Legal Aid, Sentencing and Punishment of Offenders Act 2012 is due to come into force. The Act raises profound concerns about access to justice, largely removing legal aid from many of the areas of law where it has previously been available. Ms Jo Miles discusses the potential effects of the new Act on access to justice, especially in relation to difficult family law cases. Ms Miles is Fellow and Director of Studies at Trinity College, Cambridge, and a Senior Lecturer in Law, specialising in Family Law. She is also Academic door tenant at 1 Hare Court, Assistant editor of the Child and Family Law Quarterly. and an Elected member of the Executive Council of the International Society of Family Law. In 2005 Ms Miles was seconded for two years to the Law Commission for England and Wales to work on the financial consequences of relationship breakdown. For more information about Ms Miles, please refer to her profile at http://www.law.cam.ac.uk/people/academic/j-k-miles/57 Law in Focus is a collection of short videos featuring academics from the University of Cambridge Faculty of Law, addressing legal issues in current affairs and the news. These issues are examples of the many which challenge researchers and students studying undergraduate and postgraduate law at the Faculty.