In Focus
In January 2025 the House of Lords Constitution Committee published a report on the responsibility of the government (the executive) to oversee the constitution. It concluded that the UK’s constitutional arrangements would benefit from several improved safeguards, such as the appointment of a senior minister to advise on constitutional matters and for advisory bodies to be put on a statutory footing.
Research Briefing
This proposed law would prevent sentencing guidelines setting out when a pre-sentence report should be obtained from being framed by reference to the personal characteristics of an offender such as race, religion or belief and cultural background.
In Focus
The UK co-founded and is a member of the Media Freedom Coalition, which advocates for media freedom, the safety of journalists, and holding those who harm journalists to account. More than 50 journalists have been killed every year since 2019, often with impunity. They can also be subject to detention and legal intimidation. The previous government worked with the UN and other multilateral organisations to promote media freedom, and the current government has said it will protect independent journalism.
In Focus
The European Convention on Human Rights was signed by the members of the Council of Europe, including the UK, in Rome in 1950. The UK was one of the first states to ratify it in 1951 and it is now incorporated into UK law through the Human Rights Act 1998. The UK government has recently restated its unequivocal commitment to the convention.
In Focus
The crown court backlog reached a record high of 73,105 cases in September 2024. The impact on victims, witnesses and defendants has been significant as they wait longer for their cases to be resolved. The government commissioned an independent review of criminal courts that will produce reform recommendations to address crown court pressures. Whilst stakeholders have welcomed the review, some have called for more immediate action to reduce the backlog.
In Focus
Iranian authorities have detained British and dual nationals on various charges in recent years, including espionage. The exact number of those detained is not published because some choose to avoid publicity. UN human rights experts have referred to “systemic arbitrary detention” in Iran. The Labour government plans to support British nationals detained overseas by creating a special envoy for complex detention cases and ensuring a legal right to consular assistance.
In Focus
The Post Office introduced the Horizon computer system into branches from 1999. The system, used for accounting and stock-taking, inaccurately recorded losses and money missing in branches. The Post Office has identified 700 convictions in cases it prosecuted between 1999 and 2015 in which Horizon evidence may have featured. Compensation schemes have been established by the Post Office and the Department for Business and Trade. However, progress in making payments has been criticised for being too slow.
In Focus
In the 2021 ‘End-to-end rape review’, the Conservative government pointed to a sharp decrease in rape prosecutions since 2016/17. Issues cited include long delays during the criminal justice process and a lack of specialist support for victims. Labour’s 2024 general election manifesto argued prosecutions were “shamefully low”. It committed to specialist rape and sexual offences teams in every police force and specialist courts to fast-track rape cases.
In Focus
Imprisonment for public protection (IPP) sentences were indeterminate sentences given to serious offenders who posed a significant risk of serious harm to the public. Although it is over a decade since they were abolished, more than 2,000 people are still in prison serving an IPP sentence. The Labour government has said it would not conduct a resentencing exercise but has said it would continue its efforts in supporting those in custody to reduce their risk and move towards a safe and sustainable release.
In Focus
An estimated 2.3 million people aged 16 years and over experienced domestic abuse in the year ending March 2024. Domestic Abuse Commissioner Nicole Jacobs has raised concerns about inconsistent support for victims and survivors and has called for urgent reform. The government has recently announced several policies aimed at enhancing this support, including a pilot of ‘domestic abuse protection notices’ and ‘domestic abuse protection orders’.
In Focus
Current and recent governments agree that the rule of law is a fundamental British value. However, the House of Lords Constitution Committee and legal sector organisations have raised concerns that the rule of law has been eroded. Law officers in the Labour government have committed to uphold and promote the rule of law.
Research Briefing
This proposed law would place a duty on the government to make arrangements to ensure those serving sentences of imprisonment for public protection have been resentenced within 24 months of the act being passed.
Research Briefing
There are two types of property in established case law: things in possession (usually tangible objects) and things in action (like debts or the right to sue). Digital assets do not fall neatly into either category. While the law has been flexible in practice in considering them property, this Law Commission bill aims to remove uncertainty by legally establishing a third type of property. This is intended to provide more clarity in cases involving digital assets, including settlements, divorces, or disputed ownership.
In Focus
The Labour government has set out its short- and long-term plans to reduce the pressure on prison capacity in England and Wales. This includes releasing eligible prisoners on licence into the community after they have served 40% of their sentence and building more prisons. Organisations have highlighted the risk of prison overcrowding on prisoner wellbeing. Some charities have called for better mental health support for prisoners whilst in custody and on release.
In Focus
The prison population in England and Wales is at risk of exceeding prison capacity. To address this in the short term, the Labour government has changed the law to allow certain prisoners to be automatically released on licence into the community after serving 40% of their sentence in prison. This briefing explores what the reaction to the law change has been and whether there are alternative options that could prevent prisons becoming full.
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