All posts in the Sentencing category

On camera – televising criminal proceedings

Television cameras were today allowed to record the sentencing of David Gilroy in the High Court in Edinburgh. This is the first time that sentencing in a UK court has been filmed for broadcast the same day – normally proceedings in Scotland are only occasionally filmed for documentaries to be broadcast weeks or months later and are heavily edited by lawyers involved in the case. Filming in most English courts has been banned since 1925.

Insider dealing v insider trading

This month the headline grabbing case for the FSA was that of Ian Hannam, the former banker at JP Morgan, who was fined £450,000 for relaying inside information about his client Heritage Oil to a prospective client in 2008. Hannam’s case is one of several, including David Einhorn and Nicholas Kyprios, which over the course of the last few months alone have been publically paraded by the FSA in order to demonstrate their stringent enforcement policy. Whilst those who work in the finance and banking sector can be left in little doubt that the FSA will vigorously pursue individuals who they believe may have engaged in market abuse or insider dealing, the threat in reality is that of a civil penalty rather than a criminal sanction.

Although the FSA has undoubtedly stepped up several gears in respect of its criminal prosecution of insider dealing, this increased effort has yet to be rewarded with the level of convictions that are being enjoyed by prosecutors in the US. Since 2009 the US Attorney’s Offices in New York alone have prosecuted 66 people for insider trading and have obtained 57 convictions and guilty pleas. In contrast, as of February 2012, the FSA had secured only 11 convictions.

Clamping down on scrap metal thieves

Following a dramatic rise in prices and a spate of incidents which have seen rail networks disrupted, church roofs pillaged and towns plunged into darkness, the scrap metal theft “epidemic” has been thrust into the spotlight. The issue has even made it into an episode of Eastenders – a sure sign of topicality! But why scrap metal? Simply put, scrap metal is hard to identify and can be sold for cash (at ever-increasing prices), making it an attractive category of stolen merchandise. It may seem like a niche offence but metal theft is estimated to cost the country £1 billion annually, with more than 1,000 offences taking place every week.

Blagging and the DPA – is it time to make offences imprisonable?

Despite it being almost 10 years since the start of Operation Motorman, and the subsequent furore which lead to the closure of the News of the World, it is still not possible for a person found guilty of illegally obtaining and disclosing personal information to be imprisoned for that offence. However, strong words from the Information Commissioner’s Office this week suggest that this may be ripe for change.

Does causing death by careless driving always mean prison?

The modern road safety regime means that, even if you haven’t touched a drop of alcohol, carelessness behind the wheel resulting in death could land you with a sentence of up to five years’ imprisonment. That’s the effect of the death by careless driving offence Parliament introduced in 2006. But what aggravating factors will a court take into account when sentencing careless drivers?

Mandatory and minimum sentences – time to review their role in the criminal justice system?

A comprehensive review of the role of mandatory and minimum sentences within the criminal justice system is required in light of a report published this month by the Homicide Review Advisory Group and the Justice Secretary Kenneth Clarke’s recent announcement regarding new sentencing regimes.

Urgent new guidance needed on use of Twitter in criminal trials

The problems that Twitter can pose in legal proceedings has been highlighted in the recent corruption trial of the Pakistani cricketers. Given that Twitter enables anything said in court to be instantly broadcast, it is surprising that its use does not currently fall under any of the specific statutory provisions which deal with the publication of photographs, sound recording or non-contemporaneous reports of criminal trials. And in criminal trials, where assertions made (no matter how spurious) can be made public before a defence counsel can get to his feet to object, the problems are particularly serious.

Riot appeals bring no surprises – but what next for Facebook?

Following a hearing on 27 September 2011, the Court of Appeal today (Tuesday 18 October) handed its judgment in the appeals against sentence for those involved in the August riots across the UK:

Ken Clarke’s plea ignored

In yet another policy U-turn, the government yesterday abandoned plans to introduce 50% sentencing discounts for early pleas of guilty and announced wide-ranging proposals for criminal justice and legal aid reforms. In recent weeks, the Tory-led coalition has seemed confused between the aims of cost-saving and punishing criminals to the fullest extent: David Cameron clearly wants to appear tough on crime, while Kenneth Clarke grapples with the need to reduce his £9bn budget by 25% during this parliament and press ahead with his ‘rehabilitation revolution’. Keeping up with the coalition’s climb-downs is becoming increasingly difficult as Cameron once again, rightly or wrongly, panders to popular reaction and leaves a cabinet colleague out in the cold.

Punishing contempt

Joanna Fraill, the juror who used Facebook to contact Jamie Sewart, the acquitted defendant whose case she tried, was this week sentenced to 8 months’ imprisonment. The Attorney General’s decision to prosecute both women sends a clear warning to jurors that they will be punished severely if they act in contempt of court. But is the threat of prosecution the only way in which the jury system can respond to the challenges of the internet age?