This note explains the civil recovery scheme designed to prevent criminals profiting from accounts of their crimes (for example in an autobiography or television or newspaper interviews). It also looks at the rules preventing serving prisoners from publishing such information and at the relevant media codes of practice.
This Research Paper has been prepared for the second reading of the Legal Aid, Sentencing and Punishment of Offenders Bill. The Bill covers a diverse range of issues, including legal aid; litigation funding and costs; sentencing; bail, remand and release on licence; prisoners’ pay and employment; out of court disposals and knives.
This note discusses some of the controversy surrounding the recategorisation of prisoners to category D and examines what is known about the disturbance at HM Prison Ford, which is subject to two ongoing investigations.
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.
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.
Criminal Justice and Court Services Bill: probation, community sentences and exclusion orders (Bill 91 of 1999/2000). House of Commons Library Research Paper 00/36.