Weekly Notes: legal news from ICLR, 22 June 2020

Photo by Pixabay via Pexels.


Grenfell Tower


Open Justice

“The decisions made by the court on behalf of some of the most vulnerable members of society can be life-changing, and the case law it produces impacts the rights of disabled people far beyond the walls of the court rooms. In 2016, the ‘Court of Protection Transparency Pilot’ was launched with the aim of increasing access to the court for the public and the media (click here to find out more about the Transparency Pilot). The Pilot has since been adopted into court procedure, and provides an avenue for public scrutiny of the court’s work, and an opportunity for health, social care, and voluntary sector professionals whose work is shaped by the Mental Capacity Act 2005 to gain insights into court practice.”


“The principle that custody should only ever be used as a last resort for children is enshrined in domestic law and international human rights conventions. This paper sets out evidence that this principle is not currently applied as such, and recommends potential legislative criteria that could ensure sentencing or remanding children to custody is used as a last resort in future practice.”

“It also highlighted the worrying trend that as the number of children in custody has declined over the past decade, the over-representation of Black, Asian and Minority Ethnic (BAME) children has worsened to the point that 2019 saw more BAME children in custody than white children for the first time.”

“The suggested legislative criteria in this paper would ensure that custody is only available for the most serious crimes, where the child poses a serious and continuing risk to the public, and where there is genuinely no way of managing that risk in the community.”

Law Reform

Recent news and commentary

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