Category Archives: Prisons and probation

Excessive restraint in immigration detention centres ‘deeply concerning’, report finds

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Watchdog says force being applied ‘inconsistently, disproportionately, and without adequate justification’

Home Office contractors are over-using restraint in immigration detention centres and failing to tackle the toxic culture behind bars, according to the findings of a new watchdog report described as “deeply concerning”.

By Force of Habit: How the Use of Force in Immigration Detention Has Lost Sight of Necessity and Dignity was published by the Independent Monitoring Boards (IMB), which examines conditions in prisons and immigration detention centres. The findings revealed force being applied inconsistently, disproportionately, and without adequate justification, which it said undermined the dignity and welfare of highly vulnerable individuals.

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Mahmood and Lammy breached human rights law over segregation of prisoner, judge finds

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Treatment of terrorist with known mental health needs said to have contravened prohibition on inhuman or degrading treatment

Shabana Mahmood and David Lammy have been found to have breached a prohibition on inhuman or degrading treatment with respect to a prisoner who spent months segregated from other inmates, in what is believed to be a legal first.

Sahayb Abu was confined to his cell at HMP Woodhill in Milton Keynes, for 22 hours a day and prevented from associating with other prisoners for more than four months after Hashem Abedi, the brother of the Manchester Arena bomber, allegedly attacked prison officers at HMP Frankland.

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Nandy rules out taking action to remove Robbie Gibb from BBC board – as it happened

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Culture secretary also condemns MPs who dismiss BBC as ‘institutionally biased’ in swipe at Badenoch and Farage. This live blog is closed

Here is a round-up of what various lawyers and commentators have been saying about Donald Trump’s legal case against the BBC.

Joshua Rozenberg, the legal commentator and a former BBC journalist, has said in a post on his A Lawyer Writes Substack that the corporation should settle. He explains:

Given what Brito is claiming, the lawyer is unlikely to be impressed with the BBC’s assertion that “the purpose of editing the clip was to convey the message of the speech made by President Trump so that Panorama’s audience could better understand how it had been received by President Trump’s supporters and what was happening on the ground at that time”.

So the BBC would be well advised to draft a retraction and apology in terms that the president’s lawyer finds acceptable. Brito is also calling for this to be broadcast as prominently as the original programme. And the corporation will have to pay compensation.

George Peretz KC, chair of the Society of Labour Lawyers, says on Bluesky, commenting on Rozenberg’s blog, that the BBC might be better off with a more robust approach.

So at the moment, despite @joshuarozenberg.bsky.social’s piece, I wonder whether a better BBC response would be the Arkell v Pressdram one. proftomcrick.com/2014/04/29/a...

(At least to the extent he’s seeking more than a formal apology limited to the obvious mistake and a very modest offer of compensation.)

There is, after all, the risk of a dangerous precedent here. The BBC will often offend foreign leaders – some worse than Trump. Sometimes it will make factual mistakes in reporting on them. Yield to Trump now, and who next?

Mark Stephens, a media lawyer, told BBC Breakfast that a court case could reflect badly on Trump. He said:

Every damning quote that he’s ever uttered is going to be played back to him and picked over – not great PR.

Trump risks turning what’s currently a PR skirmish with the BBC very much on the back foot into a global headline that the court finds Trump’s words were incendiary …

George Freeman, executive director of the Media Law Resource Center in New York and a former lawyer for the New York Times, told the BBC that Trump “has a long record of unsuccessful libel suits – and an even longer record of letters like the one you received that don’t end up as lawsuits at all”.

Christopher Steele, the former MI6 officer who is trying to recover costs from Trump after the president sued him unsuccessfully in the UK, says Trump’s latest threat is preposterous.

Donald Trump’s threat to sue the BBC in London is preposterous. He remains in breach of English High Court orders in a case he brought and lost against Orbis 18 months ago. So any further abuse of the UK courts by him for such legal tourism and intimidation should be prohibited.

Robert Peston, ITV’s political editor, says the BBC has been told Trump does not have a case.

The legal advice to the BBC I am told is that President Trump was not meaningfully damaged by Panorama’s manipulation of his 6 January speech, and that therefore there is no legal necessity to pay him compensation. The BBC board is therefore likely to resist and fight his demand to be “appropriately compensated” out of court, and will risk him carrying through on his threat to seek $1bn in damages by going to court.

These times are difficult for the BBC but we will get through it. We will get through it and we will thrive. This narrative will not just be given by our enemies. It’s our narrative. We own things.

I see the free press under pressure. I see the weaponisation. I think we have to fight for our journalism.

We have made some mistakes that have cost us but we need to fight for that.

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David Lammy says 91 prisoners freed in error in England and Wales since April

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Justice secretary tells MPs as many as four may still be at large and blames previous governments’ cuts for mistakes

The justice secretary has revealed that 91 prisoners have been released by mistake in England and Wales since April, of whom as many four remain at large.

David Lammy gave details in a Commons statement of three mistakenly released prisoners the police are trying to trace. He said the Prison Service was also investigating a fourth inmate released in error last Monday who may still be at large.

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Jailed UK climate protesters facing conditions reserved for extremists on release

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Exclusive: Just Stop Oil activist was banned from attending gatherings, including meeting a friend in a cafe, without permission

Environmental protesters are being given licence conditions on release from jail that are supposed to be limited to extremism cases.

Ella Ward, 22, was banned from going to any meetings or gatherings, except for worship, without permission from her probation officer, although the Ministry of Justice dropped the condition after she brought a legal challenge.

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Lammy says he was right not to discuss mistakenly freed prisoner at PMQs

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Justice secretary says he did not have ‘all the detail’ at the time and there is ‘mountain to climb’ on prisons crisis

David Lammy has said the government has “a mountain to climb” to tackle the prisons crisis and insisted he was “not equipped with all the detail” when questioned in parliament the previous day about a mistaken prisoner release.

After a fraudster mistakenly freed from prison handed himself in on Thursday, the justice secretary said he had been right not to provide details to MPs at prime minister’s questions on Wednesday about the release of a sex offender who remains at large.

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Prison sentencing reforms will lead to up to 6% rise in crime, police chiefs say

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Government plans include more short sentences being suspended and earlier releases from jail

Government plans to radically reform sentencing will lead to an increase in crime by as much as 6% in a single year, according to police chiefs.

The reforms, which cover England and Wales, involve a presumption against short sentences of a year or less, with community sentences used instead, and those jailed being released earlier than currently the case.

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Second accidental release of prisoner ‘utterly unacceptable’, No 10 says, as Lammy blames system left by Tories – UK politics live

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Lammy, standing in for Keir Starmer, avoided answering questions on the mistaken release during PMQs

David Lammy starts by saying the PM is in Brazil.

He says the thoughts of all MPs are still with the victims of the appalling attacks in Huntingdon and Peterborough, where, he says, he was at school for seven years.

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Police ‘urgently’ looking for prisoner freed by mistake in London

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Algerian man, 24, ‘released in error’ from HMP Wandsworth two days after stronger checks for jails were brought in

Police have launched an urgent manhunt for a second foreign prisoner freed mistakenly, two days after the justice secretary, David Lammy, brought in stronger checks for jails.

The 24-year-old Algerian was wrongly released from Wandsworth prison in south London last Wednesday, with the Metropolitan police informed only this week.

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MPs vote down Farage’s proposal for UK to leave ECHR – as it happened

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This blog is now closed, you can read more of our UK political coverage here

Mark Sedwill, the former cabinet secretary and former national security adviser, goes next. He is now a peer, and a member of the committee.

He says the deputy national security adviser, Matthew Collins, thought there was enough evidence for the case to go ahead. But the CPS did not agree. Who was right?

In 2017, the Law Commission flagged that the term enemy [in the legislation] was deeply problematic and it would give rise to difficulties in future prosecutions.

And I think what has played out, during this prosecution exemplifies and highlights the difficulties with that.

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Epping sex offender back in custody after release from prison in error

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Hadush Gerberslasie Kebatu, whose case triggered summer protests in Essex, detained again and faces deportation

A former asylum seeker and convicted sex offender who was released from prison in error is back in custody and faces deportation.

Hadush Gerberslasie Kebatu, an Ethiopian national, was jailed for 12 months in September for sexually assaulting a woman and a 14-year-old girl and was made the subject of a five-year sexual harm prevention order.

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Met police urge Epping sex offender spotted in London to hand himself in

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Former asylum seeker Hadush Gerberslasie Kebatu has been missing since being released from prison in error

Police searching in London for a former asylum seeker and convicted sex offender who was released from prison in error have urged him to hand himself in.

The Ethiopian national Hadush Gerberslasie Kebatu was jailed for 12 months in September for sexually assaulting a woman and a 14-year-old girl and made the subject of a five-year sexual harm prevention order.

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Guardian prison columnist Erwin James drowned in Devon marina, inquest finds

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Journalist who wrote column A Life Inside while jailed for murder fell into the sea in January 2024

A journalist and author who wrote much-admired columns from prison drowned in a Devon marina after spending an evening in a harbourside pub, an inquest has concluded.

Erwin James Monahan, who used the pen name Erwin James and wrote a regular column for the Guardian – the first of its kind in British journalism – fell into the sea at Brixham in Devon, close to where the boat he was staying in was moored, the inquest in Exeter heard.

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Probation Service failing to assess thousands who pose risk to women, watchdog says

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Exclusive: Chief inspector of probation says it is inevitable there will be more murders and rapes without an improvement

The Probation Service in England and Wales is failing to monitor and assess tens of thousands of offenders who pose a serious risk to women and girls, a watchdog has told the Guardian.

Martin Jones, the HM chief inspector of probation, launching a six-month inquiry into failings in public protection, said it was inevitable there would be more murders, rapes and serious sexual offences without an improvement.

Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In the UK, Rape Crisis offers support on 0808 500 2222 in England and Wales, 0808 801 0302 in Scotland, or 0800 0246 991 in Northern Ireland. In the US, Rainn offers support on 800-656-4673. In Australia, support is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html

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Labour to abolish most short prison sentences in England and Wales

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Exclusive: Legislation that will include Texas-style scheme to shorten jail time expected to be rolled out this year

Ministers will legislate next month to abolish most short prison sentences, toughen up community punishments and introduce a Texas-inspired system whereby inmates can earn early release as part of an attempt to avert another prison crisis.

Government sources said the legislation, which will bring about the biggest shake-up in sentencing laws in England and Wales for three decades, would be introduced once MPs had returned to the Commons in September.

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Scottish ministers face legal action over policies ‘inconsistent’ with UK gender ruling

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Campaign group that won supreme court case brings challenge over transgender guidance in schools and prisons

A campaign group that won a legal victory on the definition of gender is taking action against the Scottish government over policies it says are “inconsistent” with the ruling.

For Women Scotland’s legal battle with Scottish ministers over the definition of a woman ended in the UK’s supreme court, which ruled in April that the words “woman” and “sex” in the Equality Act 2010 referred to a biological woman and biological sex.

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Released violent offenders to be ‘locked’ in restriction zones in England and Wales

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Women’s safety campaigners welcome plan to switch from exclusion zones that ‘have made victims feel trapped’

Restriction zones aimed at “locking” violent offenders – rather than their victims – into specific areas when they are released from prison are to be introduced by the government in England and Wales.

At the moment, exclusion zones are often used to keep an offender away from their victim’s home but many campaigners for women’s safety have long called for this to be flipped.

Increased tagging for domestic perpetrators.

Requiring judges to flag domestic abuse at sentencing so prisons, probation and police can better identify and manage abusers.

Expanding specialist domestic abuse courts.

Bolstering transparency for victims at sentencing – including the provision of free copies of judges’ sentencing remarks for victims of rape and other sexual offences.

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Prison system was days from collapse three times under Sunak, review finds

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Emergency measures bailed out jails at last minute as No 10 refused to cut prisoner numbers until ‘cliff edge’ reached, former watchdog reports

The criminal justice system was within days of collapse on three occasions before being bailed out by “last-minute emergency measures”, an independent review by a former prisons watchdog has found.

Dame Anne Owers said the prison system, under pressure from overcrowding, was “in crisis” between autumn 2023 and the summer of 2024, but No 10 under Rishi Sunak refused to cut the numbers in jail until “the next predictable cliff edge”.

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Labour to review state pension age as Liz Kendall warns ‘people are not saving enough for their retirement’ – UK politics live

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Work and pensions secretary announces next statutory government review into retirement age

Tony Diver, the Telegraph’s associate political editor, is among the journalists at Nigel Farage’s conference. He has shared Reform’s policy costing document. The party estimates that the total cost of halving crime would be £17.4bn over a five-year parliament, with an annual cost of £3.48bn.

Nigel Farage has been speaking at a press conference in London about what he has framed as “lawless Britain”. Here are some of the highlights of the conference, which you can watch at the top of the blog. The Reform leader did not cite specific evidence or data to back up many of his claims:

He claims successive home secretaries have based claims that crimes in England and Wales are falling on “completely false data”. He says if you look at police recorded crimes there are “significant” rises in crime, particularly those against the person.

Farage says we are facing “nothing short of societal collapse” in many parts of the country, with “people scared to go out to the shops” and to “let their kids out”.

He says criminals and law-abiding citizens respect police less than they used to.

He says low level offences – like phone snatching and shop lifting – are rife in London and not being prosecuted.

Most people don’t even bother calling the police to report a crime because they know officers are unlikely to take any action, Farage said.

Farage said that “nobody in London understands how close we are to civil disobedience” in Britain.

He said that offenders convicted of more than three serious crimes should be “on a course towards life imprisonment”.

Reform would put more knife arches in train stations and other transport hubs to clamp down on crime, Farage suggested.

He said that every shoplifting offence would be prosecuted and every mobile phone theft investigated if Reform got into government at the next election.

Farage indicated that the party would force Reform UK councils to take new prisons in their areas as part of the party’s plans to tackle crime.

Farage said the UK’s retirement age will “inevitably” have to rise as life expectancy increases.

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More trials with no jury will disadvantage people of colour, campaigners warn

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Charities say more judge-only trials in England and Wales could lead to more miscarriages of justice

Removing the right to a jury trial for more offences would disadvantage people of colour and other minorities and lead to more miscarriages of justice, reformers have warned.

Sir Brian Leveson’s independent review of the criminal courts in England and Wales is expected to be published this week and recommend the creation of intermediate courts, sitting without a jury, to try some offences.

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