Double Jeopardy - UK Law and Politics

Judicial Independence, Human Rights Law and Political Hypocrisy: Breaking Down the 6 Page Letter from the Sentencing Council Chair


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Is UK criminal justice really heading towards a two-tier sentencing system? A fierce debate has erupted over the Sentencing Council’s new guidance on pre-sentence reports, which highlights the need for greater consideration of certain defendant groups, including ethnic minorities.

 

Critics argue that this risks creating an uneven playing field, while supporters insist it’s a necessary step toward fairness in sentencing. The Justice Secretary’s reaction has only added fuel to the fire - prompting a scathing six-page rebuke from Lord Justice William Davis, the Chair of the Sentencing Council. You can find his letter here.

 

Ken Macdonald KC and Tim Owen KC break down the implications of this controversy, before turning their attention to reports that No. 10 may introduce legislation to limit the influence of the European Convention on Human Rights (ECHR) in immigration cases. 


Does the threat of Europe-wide populism mean that we now have to view mass migration in a different way, and as a serious threat to the prevailing European culture of liberal democracy? 

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Double Jeopardy - UK Law and PoliticsBy Ken Macdonald KC and Tim Owen KC

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