• Research Briefing

    Private prosecutions

    This note provides an overview of the right of a private individual to bring a criminal prosecution. It also outlines some of the procedural safeguards to prevent misuse of this right, including the need to obtain consent to prosecute certain offences and the ability of the Director of Public Prosecutions to take over private prosecutions. It includes a discussion of recent attempts to bring private prosecutions in respect of alleged war crimes.

  • Research Briefing

    Acquitted defendants: recovery of legal costs from central funds

    This note outlines the provisions under which an acquitted defendant may be entitled to recover his legal costs from central funds. In particular, it considers the recent introduction of a "cap" on the amount that may be recovered. The cap, introduced in October 2009, provides that an acquitted defendant who paid for private legal representation will only able to recover his costs at legal aid rates, even where these are lower than the commercial rates his private lawyers actually charged. The defendant will be responsible for meeting any difference. Following a judicial review application by the Law Society, in June 2010 the High Court ruled that the October 2009 pay rates were unlawful.

  • Research Briefing

    End of Custody Licence

    The End of Custody Licence (ECL) was introduced in June 2007 to help deal with prison overcrowding. Eligible prisoners may be released up to 18 days before their release date, but can be recalled if they misbehave. Some prisoners are disqualified, including those convicted of certain violent offences. Since its introduction, over 36,000 prisoners have been released early under ECL. The Government have said that they intend the scheme to be a temporary one. The Conservatives have pledged to abolish the scheme, and the Liberal Democrats have also criticised it.

  • Research Briefing

    Young offenders and juvenile justice in Sweden

    This note has been written by the research service of the Riksdag. It briefly describes the extent and nature of juvenile crime in Sweden. The current system of sanctions for young offenders and the risks of recidivism are then dealt with in somewhat greater depth.

  • Research Briefing

    Crime and Security Bill. Bill 3 2009-10.

    The Bill would amend the law governing the taking, retention and destruction of fingerprints and DNA data from persons arrested for, charged with or convicted of criminal offences. It would reduce the requirements on the police to record information following a stop and search. It would introduce new 'go' orders for suspected perpetrators of domestic violence, which could mean excluding them from their homes in order to protect the victim. The Bill would also, in effect, extend new injunctions for gang-related violence to 14-18 year olds, and require courts to issue a Parenting Order where a child under 16 had breached an Anti-social Behaviour Order. It would require wheel clamping companies to be licensed, and create a new offence of possessing an authorised mobile phone in a prison. It also creates a new offence of preventing a person under 18 from gaining unauthorised access to air weapons.

  • Research Briefing

    Children, Schools and Families Bill. Bill 8 2009-10.

    This Bill provides ‘guarantees’ for pupils and parents in the school system, underpinned by new Home School Agreements, and makes provision for parental satisfaction surveys. It also makes changes to the powers of governing bodies of maintained schools; extends the remit of School Improvement Partners; provides greater powers for local authorities and the Secretary of State in relation to failing schools; paves the way for the introduction of School Report Cards; and makes provision to introduce a licence to practise for teachers. The Bill also seeks to implement the recommendations of several major reports. These changes affect the school curriculum; provide a registration system for home educators; and provide an additional right of appeal for parents of children with special educational needs. The Bill would also make changes to the reporting of information relating to family proceedings. Other provisions relate to Local Safeguarding Children Boards, Youth Offending Teams, the charitable status of academies, and the fees system for the inspection of independent schools.

  • Research Briefing

    Coroners and Justice Bill: Lords amendments

    This note outlines the principal amendments made to the Coroners and Justice Bill during its Lords stages. Of particular significance are the amendments relating to secret inquests, the use of intercept evidence, the "free speech" proviso to the offence of inciting hatred on the grounds of sexual orientation, the "crime of passion" defence to murder and the introduction of an Independent Commissioner for Terrorist Suspects.

  • Research Briefing

    Judicial appointments

    This note provides background to the recent changes to the judicial appointments system in England and Wales, starting with the Constitutional Reform Act 2005, which established the Judicial Appointments Commission. Further changes to eligibility for appointment were made under the Tribunals, Courts and Enforcement Act 2007, which changed the criteria for appointment to a number of judicial offices. The Governance of Britain Green Paper suggested that there would be additional changes to the system of judicial appointments. In March 2008, the Government published a White Paper and a Draft Bill setting out the proposed amendments.

  • Research Briefing

    The Law Commission Bill

    The Bill is a Private Members Bill. It was introduced in the House of Lords by Lord Lloyd of Berwick, a former Law Lord. The Bill had all party support and completed all its stages in the House of Lords. It is expected to have its Second Reading in the House of Commons on 12 June 2009. This note briefly looks at the Bill so far.

  • Research Briefing

    Northern Ireland Bill (Bill 62 of 2008-09)

    This Bill is designed to assist with the devolution of policing and justice to Northern Ireland by making amendments to the Northern Ireland Act 1998. These amendments add to the options for appointing the Policing and Justice Minister already set out in the 1998 Act. It also provides for changes to the Judicature (Northern Ireland) Act 1978 and the Justice (Northern Ireland) Act 2002 in respect of judicial appointments and removals.

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