header-logo header-logo

SENTENCING

14 March 2008
Issue: 7321 / Categories: Case law , Law digest
printer mail-detail

Richards v National Probation Service [2007] All ER (D) 454 (Nov)

The offender was subject to a suspended sentence order (under CJA 2003, s 189) which imposed an obligation to undertake unpaid work. The conditions included a requirement to provide documentary evidence explaining any failure to perform unpaid work.

HELD In the context of community punishments, a responsible officer is entitled to set conditions that require the offender to inform the officer in advance if he knows he cannot keep an appointment to do unpaid work. This falls within the words “keep in touch” in CJA 2003, s 220(1)(a).

The officer may require that information to be in writing and to be supported by evidence from a third party. It is permissible for the conditions to provide that the officer may relax that requirement in the circumstances of a given case, so that the information is to be provided within a short period thereafter.

However, s 220 cannot be read as enabling the responsible officer to request the information ex post facto unless the request is to provide

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll