• Research Briefing

    Property (Digital Assets etc) Bill [HL]: HL Bill 31 of 2024–25

    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

    Government plans to ease prison capacity pressure and manage the needs of vulnerable prisoners

    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

    Addressing prison capacity pressure

    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.

  • Research Briefing

    Arbitration Bill [HL]: HL Bill 1 of 2024–25

    Arbitration is a form of dispute resolution that enables two or more parties to resolve a disagreement privately through a third party instead of going to court. The Arbitration Bill [HL] would amend the Arbitration Act 1996, the principal legislation governing arbitrations in England and Wales and in Northern Ireland. The changes provided for in the bill would implement recommendations from the Law Commission following consultation with the sector.

  • In Focus

    Community sentencing: House of Lords Justice and Home Affairs Committee report

    The number of community sentences issued by courts in England and Wales has declined since 2012. A recent House of Lords Justice and Home Affairs Committee report concluded that community sentences were falling short of their potential. The committee said better use of community sentences would help cut crime and ease pressure on prisons. The House of Lords is due to debate the report on 26 July 2024.

  • Current Affairs Digest

    Current Affairs Digest: Home Affairs (May 2024)

    In recent years, there has been a fall in levels of trust and confidence in policing. This followed a series of high-profile scandals, some of which involved serious offences committed by serving police officers. This briefing explores the role of media coverage in changing public perceptions of policing and also reports on calls by various parties to improve the current levels of confidence.

  • Research Briefing

    Post Office (Horizon System) Offences Bill: HL Bill 73 of 2023–24

    The Post Office (Horizon System) Offences Bill is due to have its second reading in the House of Lords on 13 May 2024. The bill seeks to fulfil the commitment made by Prime Minister Rishi Sunak on 10 January 2023 to quash the convictions of those convicted as a result of the Horizon scandal. It would extend and apply to England and Wales, and Northern Ireland. Its provisions would come into force at royal assent. During committee stage the bill was extended to Northern Ireland. There have also been calls for it to be extended to Scotland. The bill has received cross-party support but is controversial as the quashing of convictions by Parliament is unprecedented. In addition, concerns about the scope of the bill have been raised. The bill would not include individuals whose convictions were previously upheld by the Court of Appeal.

  • Research Briefing

    Commercial Organisations and Public Authorities Duty (Human Rights and Environment) Bill [HL]: HL Bill 17 of 2023–24

    The Commercial Organisations and Public Authorities Duty (Human Rights and Environment) Bill [HL] is a private member’s bill introduced by Baroness Young of Hornsey (Crossbench). It would place due diligence obligations concerning human rights and the environment on businesses and public sector bodies. The House of Lords is scheduled to debate the bill at second reading on 10 May 2024.

  • In Focus

    UN standards on the use of surveillance technology at protests

    The UN recently published a toolkit for law enforcement officials to promote and protect human rights in the context of peaceful protests. It includes key principles for the use of digital technologies in relation to protests. This comes at a time when there are debates around the use of live facial recognition technology in public spaces by police in England and Wales. The government supports developing it as a crime-fighting tool, but others are concerned about its impact on privacy and other rights.

  • In Focus

    Supporting separating parents to resolve private family law disputes

    Some separating couples apply to the family court to resolve disputes, such as where their child should live. Research has shown the negative impact that parental separation involving conflict can have on a child’s mental health and life chances. In January 2024, the government announced a reform programme of the family justice system to support families to resolve private family law disputes more quickly and protect children from lengthy court cases.

  • In Focus

    Sportswashing: History, governing bodies, state investments and English football club ownership

    Power and sport have long been linked. From hosting competitions and investing internationally to building new leagues at home, human rights organisations say that some states are using sports to ‘launder’ their international reputations while human rights abuses continue. Governing bodies cite political neutrality or argue that engaging with nations can lead to improvements in human rights.

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