criminology iii

London November 2016 1

DESPINA FERENTINOU ... ...

INKWELLS .


Christ in the Desert, 1872 or Christ in the Wilderness( Russian : "Христос в пустыне") is a painting by Russian artist Ivan Kramskoi , reflecting the Fasting of Chrsit. Tretyakov Gallery

“ Christ for a career and a career for Christ.”


Portrait...: In the search of the legal truth of the spiritual reality of suffering: Considering Injustice

By Rembrandt van Rijn: Dutch, 1606-1669

A: An Artistic Exhibition of the life and living of the Biblical Truth: Legal Principles :

Images and depictions of Christ’s perfection and professionally ideal Prosperous Presence – Service and Offering in the New Testament

v. Old Testament uncertainty Rules. The Lord’s arbitrary arrest–unlawful torture and

murderous loss.B: Criminal Justice Insights : Cruelty and economic deprivation blocks progress. The

Inquisition and harmful methods of interrogation of suspects and detainees.-State

crimes in Greece.-The unacceptable continuous torturous persecutions of

Christians. Images of crimes in antithesis to depictions of wealthy styles of living :

Ideological insights of political and social policies in current legal enactments of

imprisonment.


Michelangelo Merisi da Caravaggio : The Sacrifice of Isaac : Piasecka-Johnson Collection


The Sacrifice of Isaac, 1627 - 1628 God tested Abraham : Colección Real (Palacio de El Pardo, Madrid, sala de la

antecámara, 1701)


I)Judith Beheading: HolofernesBy Caravaggio: painted in 1598–99:Judith gets Holofernes drunk, then seizes his sword and slays him: "Approaching to his bed, she took hold of the hair of his head." (Judith, 13:7-8)

II) Salome with the head of John the Baptist c. 1496

https://en.wikipedia.org/wiki/Salome


David and Goliath: Book of Samuel David's identity as the true king of Israel shows the victory of God's King over the enemies of God...

By Caravaggio (1571– 1610)


David and Abigail: “Abigail attempts to placate David in order to stop him taking revenge. She gives him food, and speaks to him, urging him not to "have on his conscience the staggering burden of needless bloodshed”.

Religious biblical painting Guido Reni The Meeting of David and Abigailc. 1630 Rubens, Peter Paul,Sir Flemish, 1577 - 1640


Joseph's Coat Brought to Jacob: Joseph's half-brothers were jealous of him. Most of them plotted to kill him, with the exception of Reuben, who suggested to have Joseph thrown into an empty cistern. Upon imprisoning Joseph, the brothers saw a camel caravan carrying spices and perfumes to Egypt, and sold Joseph to these merchants.Thereafter the guilty brothers painted goat's blood on Joseph's coat and showed it to Jacob, who therefore believed Joseph dead. ( Book of Genesis)

By Giovanni Andea de Ferrari , c. 1640 The flight into Egypt:Lodewijk Toeput, called il Pozzoserrato[ (c. 1550 –1603 and 1605)


Joseph and Potiphar's Wife, 1631 Joseph Accused by Potiphar's Wife, by Rembrandt van Rijn, 1655.


Isaac Blessing Jacob Horst, Gerrit Willemsz. (c.1612 - 1652) Concert in a villa courtyard:Lodewijk Toeput, called il Pozzoserrato (c. 1550 – between 1603 and 1605)


Joseph interpreting the dreams of the baker and the cupbearer: two prisoners

By Benjamin Cuyp, ca. 1630


The Cupbearer and the BakerGenesis 40New International Version (NIV) https://www.biblegateway.com/passage/?search=Genesis+40

“...Some time later, the cupbearer and the baker of the king of Egypt offended their master, the king of Egypt. Pharaoh was angry with his two officials, the chief cupbearer and the chief baker, and put them in custody in the house of the captain of the guard, in the same prison where Joseph was confined. The captain of the guard assigned them to Joseph, and he attended them.

After they had been in custody for some time, each of the two men—the cupbearer and the baker of the king of Egypt, who were being held in prison—had a dream the same night, and each dream had a meaning of its own.

When Joseph came to them the next morning, he saw that they were dejected. So he asked Pharaoh’s officials who were in custody with him in his master’s house, “Why do you look so sad today?”

“We both had dreams,” they answered, “but there is no one to interpret them.” Then Joseph said to them, “Do not interpretations belong to God? Tell me your dreams.” So the chief cupbearer told Joseph his dream. He said to him, “In my dream I saw a vine in front of me, and on the vine were three

branches. As soon as it budded, it blossomed,and its clusters ripened into grapes. Pharaoh’s cup was in my hand, and I took the grapes, squeezed them into Pharaoh’s cup and put the cup in his hand.”

“This is what it means,” Joseph said to him. “The three branches are three days. Within three days Pharaoh will lift up your head and restore you to your position, and you will put Pharaoh’s cup in his hand, just as you used to do when you were his cupbearer. But when all goes well with you, remember me and show me kindness; mention me to Pharaoh and get me out of this prison. I was forcibly carried off from the land of the Hebrews, and even here I have done nothing to deserve being put in a dungeon.”

When the chief baker saw that Joseph had given a favorable interpretation, he said to Joseph, “I too had a dream: On my head were three baskets of bread. In the top basket were all kinds of baked goods for Pharaoh, but the birds were eating them out of the basket on my head.”

“This is what it means,” Joseph said. “The three baskets are three days. Within three days Pharaoh will lift off your head and impale your body on a pole. And the birds will eat away your flesh.”

Now the third day was Pharaoh’s birthday, and he gave a feast for all his officials. He lifted up the heads of the chief cupbearer and the chief baker in the presence of his officials. He restored the chief cupbearer to his position, so that he once again put the cup into Pharaoh’s hand— but he impaled the chief baker, just as Joseph had said to them in his interpretation.

The chief cupbearer, however, did not rememberJoseph; he forgot him.(It seems that one was ready to offer his service whereas the other was doubting the offering. A negative interpretation can pre determine a sad end and in the Church:in Christ one would explore options).

https://www.biblegateway.com/passage/?search=Genesis+40


Joseph gave orders to his servants to fill their sacks with wheat: illuminated Bible...

By Raphaël de Mercatelli, Ghent, late 15th century


Moses Breaking the Tablets or Tablets of Stone, Stone Tablets, or Tablets of Testimony of the Law 10th century Byzantine Paris Psalter and By Rembrandt


The Infant Samuel, 1776 By Sir Joshua Reynolds, P.R.A. (1723-1792) : In the National Gallery, London Crossing of the Red Sea Marten Pepijn (1575 – 1643)


Annunciation A:By Raffaellino del Garbo Florence Italy 1466–1476 B:By El Greco c. 1590–1603


The Annunciation: By Salomon Koninck ,1655, Hallwyl Museum Stockholm By Caravaggio :


The Annunciation A) Hermitage Museum, Saint Petersburg A) By Murillo, 1655–1660 By Johann Christian Schröder, c. 1690


The Apparition of Christ to the Virgin is a painting bythe Italian Renaissance

Filippino Lippi executed around 1493


Adoration of the Shepherds, c. 1500 By Giorgione: By Samuel Dirksz van

Hoogstraten


Madonna with the Child, Saint Cecily and Saint Albert (1615), oil on copper, 320 x 240 cm, Capitoline Museums , Rome

Madonna with the Child Parable of the sower (September) Marten van Valckenborch


Madonna and Child with saint Joseph and an Angel... By Raffaellino del Garbo:1466–1476 Florentine painter of the early Renaissance The Tower of Babel Abel Grimmer (c. 1570–c. 1620)


Duccio di Buoninsegna : B : The Virgin Enthroned with the Child, Surrounded by the Patrons of Siena,Alinari/Art Resource, New York

Disputation: ( Italian painters of the Middle Ages and the founder of the Sienese school. In Duccio’s art the formality of the Italo-Byzantine tradition, strengthened by a clearer understanding of its evolution from classical roots, is fused with the new spirituality of the Gothic style..)

A B


Calling of Saints Andew and Peter ALondon Royal Collection, Hampton Court Palace Lodnon (The fish Kay)

A.By Cravaggio c. 1603–1606 By Duccio


A.Temptation on the MountB The Temptations of Christ, 12th century at St.Mark’s Basilica, Venice

A. By Duccio B.


Guests Eat at the Lakeshore A.Mastelleta, Galleria Nazionale d’ Arte Antica, 1580 B. Saint Benedict receiving Totila, King of the Ostrogoths


Resurrection of Lazarus (Museum of Fine Arts, Yekaterinburg) Abraham visited by the three Angels by Willem Jacob Herreyns


The Raising of Lazarus A:By Duccio 1310–11.. B:La résurrection de Lazare (1613) Church of Saint-Mathieu Château-Gombert

(Marseille) Louis Finson (1580/1585–1617)


Saint Martin and the Beggar ,c. 1597-1599 National Gallery of Art

El Greco (Domenikos Theotokopoulos)“The saint, who lived during the reign

of Constantine the Great, was a member of the imperial cavalry stationed near Amiens, in Gaul.

Coming upon a shivering beggar near the city gates on a cold winter day, the young soldier divided his cloak with

his sword and shared it with him. Tradition has it that Christ later

appeared to Martin in a dream, saying, "What thou hast done for that poor

man, thou hast done for me.” http://www.nga.gov/content/ngaweb/Collection/art-object-page.1164.html

http://www.nga.gov/content/ngaweb/Collection/art-object-page.1164.html

http://www.nga.gov/content/ngaweb/Collection/art-object-page.1164.html


A.Peter with the tax collectorTax Controversies: Disputes over the morality and fairness of the tax legislation Need for transparency and professional dialogues https://youtu.be/W3amOnHeAKk http://www.independent.co.uk/news/uk/politics/theresa-may-philip-may-amazon-starbucks-google-capital-group-philip-morris-a7133231.html

B. Apostle Peter paying the temple tax with coin from the fish's mouth by Augustin Tünger, 1486.

https://youtu.be/W3amOnHeAKk

http://www.independent.co.uk/news/uk/politics/theresa-may-philip-may-amazon-starbucks-google-capital-group-philip-morris-a7133231.html


Christ Driving the Money-changers from the Temple Theodoor Rombouts Lapidation de saint Étienne Church of St. Trophime Arles Louis Finson (1580/1585–1617)


Return of the Prodigal Son: Louvre Writs issued in the name of the King- Prerogative Writs and Books of Authority v.Corpus Juris Civilis Tradition - Corpus Juris Canonici ( Justinian I ) that included Numerous provisions served to secure the status of Christianity in Church States

Would Common law- Case Law developed by the Judges or Code Rules award equal shares? Would Common Law - Just Law and Equity Rules favour the claimant as in God’s Rules?

“Christ relates the parable of the prodigal son. A son asks his father for his inheritance and leaves the parental home, only to fritter

away all his wealth. Arriving at last at sickness and poverty, he returns to his

father's house. The old man is blinded by tears as he forgives his son, just as God

forgives all those who repent. The impact of lawful and unlawful acts.

This whole work is dominated by the idea of the victory of love, goodness and

charity. ” https://www.hermitagemuseum.org/wps/portal/hermitage/digital-collection/01.+Paintings/43413/?lng=en

https://www.hermitagemuseum.org/wps/portal/hermitage/digital-collection/01.+Paintings/43413/?lng=en




PM ... “has told the head of the NHS that it will get no extra money despite rapidly escalating problems that led to warnings this week that hospitals are close to breaking point....Health experts warned that the NHS would have to ration treatment, shut hospital units and cut staff if it gets no extra money soon..”?https://www.theguardian.com/politics/2016/oct/14/no-extra-money-for-nhs-theresa-may-tells-health-chief Friday 14 October 2016

http://www.catholictradition.org/Children/angel-stories9.htm The financial entitlement follows the patient: the person Winter : Jacob Grimmer(1526/26 –1590)

https://www.theguardian.com/politics/2016/oct/14/no-extra-money-for-nhs-theresa-may-tells-health-chief

http://www.catholictradition.org/Children/angel-stories9.htm


Girl With a Hoop, 1885, National Gallery of Art Washington, D.C. Impression, Sunrise (Impression, soleil levant) (1872/1873)

...The Sunrise


Children at the Beach at Guerney, 1883 Barnes Foundation, Philadelphia


Christ Teacheth Humility 1847 https://art.nationalgalleries.org/art-and-artists/5072

Robert Scott Lauder Nave of the St. Salvator's Church Jan Baptist van Meunincxhove

https://art.nationalgalleries.org/art-and-artists/5072


Controversies of the use of Khat? “... The whole of northern Europe – most recently the Netherlands – and the majority of other EU member states have controlled khat, as well as most of the G8 countries, including Canada and the USA. .. The ACMD acknowledged that there was insufficient evidence to enable the ACMD to advise if khat use was a cause or a symptom of social harms. ..” ? https://www.gov.uk/government/speeches/khat

Feast in the House of Simon the Pharisee : By Peter Paul Rubens 1618-1620 Catherine of Aragon as Mary Magdalene Michael Sittow (circa 1469-1525) -

https://www.gov.uk/government/speeches/khat


Advisory Council on the Misuse of Drugs ( ACMD) Misuse of Drugs Act 1971http://www.legislation.gov.uk/ukpga/1971/38/contents

Advisory Council on the Misuse of Drugs (ACMD) The Advisory Council on the Misuse of Drugs 1The Advisory Council on the Misuse of Drugs. (1)There shall be constituted in accordance with Schedule 1 to this Act as Advisory Council on the Misuse of Drugs (in this Act referred to as “the

Advisory Council”); and the supplementary provisions contained in that Schedule shall have effect in relation to the Council. (2)It shall be the duty of the Advisory Council to keep under review the situation in the United Kingdom with respect to drugs which are

being or appear to them likely to be misused and of which the misuse is having or appears to them capable of having harmful effects sufficient to constitute a social problem, and to give to any one or more of the Ministers, where either the Council consider it expedient to do so or they are consulted by the Minister or Ministers in question, advice on measures (whether or not involving alteration of the law) which in the opinion of the Council ought to be taken for preventing the misuse of such drugs or dealing with social problems connected with their misuse, and in particular on measures which in the opinion of the Council ought to be taken—

(a)for restricting the availability of such drugs or supervising the arrangements for their supply; (b)for enabling persons affected by the misuse of such drugs to obtain proper advice, and for securing the provision of proper facilities and services

for the treatment, rehabilitation and after-care of such persons; (c)for promoting co-operation between the various professional and community services which in the opinion of the Council have a part to play in

dealing with social problems connected with the misuse of such drugs; (d)for educating the public (and in particular the young) in the dangers of misusing such drugs, and for giving publicity to those dangers; and (e)for promoting research into, or otherwise obtaining information about, any matter which in the opinion of the Council is of relevance for the

purpose of preventing the misuse of such drugs or dealing with any social problem connected with their misuse. (3)It shall also be the duty of the Advisory Council to consider any matter relating to drug dependence or the misuse of drugs which may be

referred to them by any one or more of the Ministers and to advise the Minister or Ministers in question thereon, and in particular to consider and advise the Secretary of State with respect to any communication referred by him to the Council, being a communication relating to the control of any dangerous or otherwise harmful drug made to Her Majesty’s Government in the United Kingdom by any organisation or authority established by or under any treaty, convention or other agreement or arrangement to which that Government is for the time being a party.

(4)In this section “the Ministers” means the Secretary of State for the Home Department, the Secretaries of State respectively concerned with health in England, Wales and Scotland, the Secretaries of State respectively concerned with education in England, Wales and Scotland, the Minister of Home Affairs for Northern Ireland, the Minister of Health and Social Services for Northern Ireland and the Minister of Education for Northern Ireland.

http://www.legislation.gov.uk/ukpga/1971/38/contents


SCHEDULE 1: http://www.legislation.gov.uk/ukpga/1971/38/schedule/1 CONSTITUTION ETC. OF ADVISORY COUNCIL ON THE MISUSE OF DRUGS 1(1)The members of the Advisory Council, of whom there shall be not less than twenty, shall be appointed by the

Secretary of State after consultation with such organisations as he considers appropriate, and shall include— (a)in relation to each of the activities specified in sub-paragraph (2) below, at least one person appearing to the Secretary

of State to have wide and recent experience of that activity; and (b)persons appearing to the Secretary of State to have wide and recent experience of social problems connected with

the misuse of drugs. (2)The activities referred to in sub-paragraph (1)(a) above are— (a)the practice of medicine (other than veterinary medicine); (b)the practice of dentistry; (c)the practice of veterinary medicine; (d)the practice of pharmacy; (e)the pharmaceutical industry; (f)chemistry other than pharmaceutical chemistry. (3)The Secretary of State shall appoint one of the members of the Advisory Council to be chairman of the Council. 2The Advisory Council may appoint committees, which may consist in part of persons who are not members of the

Council, to consider and report to the Council on any matter referred to them by the Council. 3At meetings of the Advisory Council the quorum shall be seven, and subject to that the Council may determine their own

procedure. 4The Secretary of State may pay to the members of the Advisory Council such remuneration (if any) and such travelling and

other allowances as may be determined by him with the consent of the Minister for the Civil Service. 5Any expenses incurred by the Advisory Council with the approval of the Secretary of State shall be defrayed by the

Secretary of State.

Khat cultivation in western Yemen near At Tawilah

http://www.legislation.gov.uk/ukpga/1971/38/schedule/1


Legal Status of Khat in Selected Jurisdictions? (Recognised as qat and gat in Yemen, qaat and jaad in Somalia, and chat in Ethiopia.It is also known as jimaa in the Oromo language and mayirungi in Luganda Language. )https://www.loc.gov/law/help/legal-status-of-khat/legal-status-khat.pdf

United Kingdom: Khat was made illegal in the UK on 24 June 2014 Khat is considered illegal in many countries : Malaysia, Philippines, Saudi Arabia,

United Arab Emirates, Denmark, Finland, France, Germany, Norway, Poland, Romania, Sweden, Switzerland, Canada, United States, Australia, New Zealand.

Ethiopia: Khat is legal in Ethiopia. Somalia: Khat is legal in Somalia. Djibouti: Khat is legal in Djibouti. Kenya: Khat is legal in Kenya. However, two of its active components, cathinone and

cathine, are classed as Class C substances. South Africa: In South Africa, Catha edulis is a protected tree. Uganda: Miraa is legal in Uganda but efforts are underway (October 2015) to ban it. Israel: Khat is consumed. Indonesia: Khat is legal in Indonesia. Thailand: Khat is legal in Thailand. Yemen: Khat is legal in Yemen

https://www.loc.gov/law/help/legal-status-of-khat/legal-status-khat.pdf


KHAT: A PRELIMINARY STUDY : 5th August 1961 WORLD HEALTH ORGANIZATION: Established on 7th April 1948 http://apps.who.int/iris/bitstream/10665/120838/1/em_rc11_10_en.pdf?ua=1 Historically and essentially, there have been some affinities in common between Khat and

Coffee, not only in the identical and self-same nature of the geographical and topographical background they both share, but remotely and perhaps more significantly in the character and trend of the parallel and ‘well-nigh comparable social and economic events coming in their wake; and in the progression of these events and in their wide repercussions elsewhere.

The same story of Khat is true of Coffee. Besides, the story of Coffee as historically enacted, ,and indeed as interpreted in the light of its impact on the social field, on the economic territory and, finally, on the wider domain of' politics and of religion, may constitute in some respects, in fact in many, a rehearsal of the story cf Khat.

Originally, both plants were indigenous to Ethiopia and the East African coast. Both plants were cultivated in the highlands of Yemen ,and there is evidence purporting to the

fact that the introduction and acculturation of Khat .,as antecedent to Coffee. After the latency period, the first phase of action ,experienced by the user, manifests itself in a

constellation-complex characterized by euphoria, wakefulness (associated with insomnia), higher motivation and raised. level of aspiration. All these issues are organically related. They are determined jointly and severally by a process of cerebral stimulation.

It is interesting to notice that Tobacco and Coffee made their first appearance in Egypt among the Azhar sheikhs and students and were later propagated through them. (page 15)

http://apps.who.int/iris/bitstream/10665/120838/1/em_rc11_10_en.pdf?ua=1


Narcissus v. Humility

By Caravaggio (1594-96)

“Narcissus, in Greek mythology,the son of the river god Cephissus and the nymph Liriope. He was distinguished for his beauty According to Ovid’s Metamorphoses, Book III, Narcissus’s mother was told by the blind seer Tiresias that he would have a long life, provided he never recognized himself. However, his rejection of the love of the nymph Echo or (in an earlier version) of the young man Ameinias drew upon him the vengeance of the gods. He fell in love with his own reflection in the waters of a spring and pined away (or killed himself); the flower bears his name sprang up where he died. The Greek traveler and geographer Pausanias in Description of Greece, Book IX, said it was more likely that Narcissus, to console himself for the death of his beloved twin sister, his exact counterpart, sat gazing into the spring to recall her features.”


TransfigurationA:

A. 12th-century icon of the Transfiguration Saint Catherine's Monastery, Sinai (Egypt) B: By Duccio C: By Alexandr Ivanov1824


Entry of Christ into Jerusalem (Master of Taüll) https://www.gov.uk/government/publications/anti-corruption-summit-country-statements:

Anti-Corruption Summit: country statements A: Master of San Baudelio de Berlanga B: Players and courtesans under a tent Cornelis de Vos

https://www.gov.uk/government/publications/anti-corruption-summit-country-statements


“Entry into Jerusalem through the Golden Gate (lower left) to the Ascension (centre top...)” Global Declaration against Corruption https://www.gov.uk/government/publications/global-declaration-against-corruption/global-declaration-against-corruption

“Entry into Jerusalem through the Golden Gate The Last Supper :Ambrosius Francken I (1544–1618)

https://www.gov.uk/government/publications/global-declaration-against-corruption/global-declaration-against-corruption


Entry of Christ into Jerusalem, 1617“..Police Budgets? “... The cuts will be big, they will be tough to achieve, and cuts will fall on the police as they will on other important public services...” ? - Independent Fair Institutions acting fairly with compassion -https://www.gov.uk/government/speeches/police-reform-theresa-mays-speech-to-the-national-policing-conference

Anthony van Dyck Moonlit landscape Adriaen Brouwer (circa 1605/1606–1638)

https://www.gov.uk/government/speeches/police-reform-theresa-mays-speech-to-the-national-policing-conference


Christ praying Bible handwritten in Latin, on display in Malmesbury Abbey, Wiltshire, England. The Bible was written in Belgium in 1407 AD, for reading aloud in a monastery.

in Gethsemane,1888 Supper at Emmaus by Willem Jacob Herreyns1743-1827


The Last Supper (Leonardo da Vinci) The final meal that, in the Gospel accounts, Jesus shared with his Apostles

in Jerusalem before his crucifixion. ( 15th Century Mural Painting)


Domenico Ghirlandaio ...Dettaglio: John the Apostle at Christ's left has fallen to sleep.


Cenacolo di ognissanti Domenico Ghirlandaio Web Gallery of Art


Supper at Emmaus (Millan) 1606

By Caravaggio:MilanPinacoteca di Brera, Milan


The Last Supper, c. 1568 By El Greco


Christ and the Apostles in the Garden Christ and the Apostles in the Garden


Maffeo Barberini By Caravaggio Novgorod school 15th

century (Byzantine traditions)


Judas Returning the Thirty Silver Pieces https://www.gov.uk/government/publications/action-plan-for-anti-money-laundering-and-counter-terrorist-finance

Action plan for anti-money laundering and counter-terrorist finance

By Rembrandt, 1629

https://www.gov.uk/government/publications/action-plan-for-anti-money-laundering-and-counter-terrorist-finance


The Head of John the Baptist St. John the Baptist painting


Salome with the Head of John the Baptist (London), c. 1607/1610: National Gallery, London.

By the Italian Master Caravaggio


Martha and Mary Magdalene : Michelangelo Merisi da Caravaggio :

“Martha is in the act of converting Mary from her life of pleasure to

the life of virtue in Christ. Martha, her face shadowed, leans forward, passionately arguing with Mary, who twirls an orange blossom

between her fingers as she holds a mirror, symbolising the vanity she is about to give up. The power of

the image lies in Mary's face, caught at the moment when

conversion begins.”wikipedia


(Italian : Presa di Cristo nell'orto or Cattura di Cristo) is a painting, of the arrest of Jesus, by the Italian Baroque Master Michelangelo Merisi da Caravaggio.

The Taking of Christ ( Arrest Procedures?)


The Betrayal of Christ : Christ Taken Prisoner Anthony van Dyck: Google Art Project By DUCCIO


The Denial of Saint Peter A:By Gerard Seghers, (1591- 1651) Flemish painter, art collector and art

dealer B: ByTheodoor Rombouts (2 July 1597 – 14 September 1637) A B


The Denial of Saint Peter http://www.getty.edu/about/whoweare/mission.html By Simon Bening (Flemish, about 1483 - 1561) By Caravaggio (1610)

http://www.getty.edu/about/whoweare/mission.html


Christ at the Column (also known as The Flagellation of Christ; c. 1606/1607), a painting by the Italian Baroque painter Caaravaggio, currently housedin the Musee des Beaux –Arts de Rouen, Rouen, France.

The Flagellation of Christ:


A:The Flagellation of Christ http://www.mskgent.be/en/collection/1600-the-baroque-in-the-netherlands/peter-paul-rubens-theflagellationofchrist Gent Museum Voor Schone Kunsten By Sir Peter Paul Rubens (28 June 1577 – 30 May 1640) https://www.nationalgallery.org.uk/artists/peter-paul-rubens B: Ecce Homo: Jan van Wechelen or Hans van Wechelen (c. 1530 – 1570)

http://www.mskgent.be/en/collection/1600-the-baroque-in-the-netherlands/peter-paul-rubens-theflagellationofchrist

http://www.mskgent.be/en/collection/1600-the-baroque-in-the-netherlands/peter-paul-rubens-theflagellationofchrist

https://www.nationalgallery.org.uk/artists/peter-paul-rubens

https://www.nationalgallery.org.uk/artists/peter-paul-rubens


Christ taking leave of his MotherGermany, 1536 The Dream of St.Gregory: Giotto


Christ and the penitents UK Policies https://www.gov.uk/government/policies

Gerard Seghers - Bass Museum of Art Jesus Mocked by the Soldiers, c. 1865, Edouard Manet

https://www.gov.uk/government/policies


Crowning By Caravaggio Adoration des rois mages (1614) Louis Finson (1580/1585–1617)


The Crowning with Thorns is a painting by the Italian painter Michelangelo Merisi da Caravaggio. Made probably in 1602/1604 or around 1607, it is now located in the Kunsthistorisches Museum Vienna.

The Crowning:


CHRIST CROWNED WITH THORNS Jacob van Oost I 1661 Glorification of St. Norbert: Richard van Orley (1663- 1732)


German Stained Glass, ca 1240:Torture Pietà, stained glass Pieter Coecke van Aelst A Man Singing by Candlelight, by Adam de Coster. 1625-1635


A: Head of Christ By Alexander Andreyevich Ivanov (1806 –1858): Russian Painter : Neoclassicism St PetersburgB: The Last Supper by Valentin De Boulogne : French painter 1591-1632 A.... B...


Head of Christ is a painting in oil on panel by the Italian Renaissance painter Correggio , (Antonio Allegri, 1489 – 1534), dated 1521. It depicts the head of Christ, wearing the Crown of Thorns.

Head of Christ painting Valentin de Boulogne, Negazione di Pietro


Ecce Homo (Antonello da Messina)Ecce Homo is the title of a series of paintings by the Italian Renaissance master Antonello da Messina.They date from 1470 to 1475.

John and Jesus by Valentin de Boulogne 1591-1632

French painter in the Tenebrism style


Christ at the Column- St John at Patmos

(Antonello da Messina) By Peter Paul Rubens


The Flagellation Piero - The Mocking of Christ, c. 1617 Gerrit van Honthorst (Holland, Utrecht, 1590 - 1656)


Christ Carrying the Cross is a painting by Hieronymus Boch, executed in the 1480s. It is at the Kunsthistorisches ("art history") Museum, in Vuenna , Austia .

Christ Carrying the Cross Christ meets Veronica, 1541-1554 Catharina van Hemessen (circa 1527/1528–after 1560)


Christ Carrying the Cross is a painting attributed to a follower of Hieronymus Bosch.It was painted in the early 16th century, presumably between 1500 and 1535. The work is housed in the Museum of Fine Arts in Ghentt, Belgium.

Christ Carrying the Cross The denial of Saint Peter Adam de Coster


Christ Falling on the Way to Calvary, also known as Lo Spasimo or Il Spasimo di Sicilia, is a painting by the Italian High Renaissance painter Raphael, of c. 1514–16, now in theMuseo del Prado in Madrid. It is an important work for the development of his style.

Christ Falling on the Way to Calvary Christ carrying the Cross: Abel Grimmer(c. 1570–c. 1620)


Christ Crowned with Thorns is a painting by Hieronymus Bosch created sometime between 1495 and 1500.It currently resides at National Gallery in London.

Christ Crowned with Thorns Church interior with Christ preaching to a crowd: Cornelis van Dalem (1530/35 – 1573 or 1576)


The Mocking of Christ Oil-on-canvas painting by the Flemish painter

Anthony Van Dyck (1599–1641) Mateo Cerezo , Ecce Homo 1650


Ecce homo ("behold the man", Pontius Pilate scourged Jesus Christ bound and crowned with thorns, to a hostile crowd shortly before his Crucifixion . The original Greek is Ίδε ό άνθρωπος (Ide ho anthropos). The Douay- Rheims Bible translates the phrase into English as "Behold the man!“.

A: Jesus Christ Road to Calvary: Jan or Hans van Wechelen Active in Antwerp, (1530-1570)


Quod Est Veritas? "What is truth?" Christ and Pilate Nikolai Ge

“..εἶπεν οὖν αὐτῷ ὁ Πιλᾶτος· Οὐκοῦν βασιλεὺς εἶ σύ; ἀπεκρίθη ὁ Ἰησοῦς· Σὺ λέγεις ὅτι βασιλεύς εἰμι.

ἐγὼ εἰς τοῦτο γεγέννημαι καὶ εἰς τοῦτο ἐλήλυθα εἰς τὸν κόσμον ἵνα

μαρτυρήσω τῇ ἀληθείᾳ· πᾶς ὁ ὢν ἐκ τῆς ἀληθείας ἀκούει μου τῆς φωνῆς.

λέγει αὐτῷ ὁ Πιλᾶτος·

Τί ἐστιν ἀλήθεια; Καὶ τοῦτο εἰπὼν πάλιν ἐξῆλθεν πρὸς τοὺς Ἰουδαίους,

καὶ λέγει αὐτοῖς· Ἐγὼ οὐδεμίαν εὑρίσκω ἐν αὐτῷ αἰτίαν.”


Saint Stanislaus

File:Grunwald Swiety Stanislaw.jpg

“Stanisław's initial conflict with King Bolesław was over a land dispute. The Bishop had purchased for the diocese a piece of land on the banks of the Vistula river near Lublin from a certain Peter (Piotr), but after Piotr's death the land had been claimed by his family. The King ruled for the

claimants, but – according to legend – Stanisław resurrected Piotr so that he could confirm that he had sold the land to the Bishop...” Wikipedia


Christ and the Good Thief, c. 1566 By Titian Vision of the Flaming Chariot Giotto


Crucifixion Antonello da Messina


Peter Paul RubensCrucifixion


Crime, policing and fire news update: May 2016 https://www.gov.uk/government/publications/crime-policing-and-fire-news-update-may-2016/crime-policing-and-fire-news-update-may-2016

Crucifixion Antonello da Messina

https://www.gov.uk/government/publications/crime-policing-and-fire-news-update-may-2016/crime-policing-and-fire-news-update-may-2016

https://www.gov.uk/government/publications/crime-policing-and-fire-news-update-may-2016/crime-policing-and-fire-news-update-may-2016


https://www.sentencingcouncil.org.uk/news/item/new-guidelines-proposed-for-the-sentencing-of-young-offenders/ New guidelines proposed for the sentencing of young offenders: Published on: 12 May 2016

CHRIST ON THE CROSS WITH SAINT CATHERINE OF SIENA,SAINT DOMINIC AND AN ANGELARTIST Anthony van Dyck DATED: 1622 - 1627

https://www.sentencingcouncil.org.uk/news/item/new-guidelines-proposed-for-the-sentencing-of-young-offenders/


Assaulthttps://www.sentencingcouncil.org.uk/wp-content/uploads/Sentencing-Counci-Annual-Report-2015-16_WEB_FINAL.pdf

Evaluation and monitoring An assessment of the impact and implementation of the assault

guideline was undertaken and published in October 2015 alongside a more detailed report on qualitative discussions with sentencers and practitioners on the guideline.

This indicated some unintended impacts, as well as potential areas of the guideline that may need revision to address them. As a result of the assessment, the Council has agreed in principle to revise the guideline; however the Council is awaiting the Government’s response to the Law Commission’s proposals for reform of offences against the person legislation before starting this work.

https://www.sentencingcouncil.org.uk/wp-content/uploads/Sentencing-Counci-Annual-Report-2015-16_WEB_FINAL.pdf


Theft Act 1968http://www.legislation.gov.uk/ukpga/1968/60 Section 9 Burglary. (1)A person is guilty of burglary if— (a)he enters any building or part of a building as a trespasser and with intent to commit any such

offence as is mentioned in subsection (2) below; or (b)having entered any building or part of a building as a trespasser he steals or attempts to steal

anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.

(2)The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm ... therein, and of doing unlawful damage to the building or anything therein.

[(3)A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding—

(a)where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years;

(b)in any other case, ten years. (4)References in subsections (1) and (2) above to a building, and the reference in subsection (3)

above to a building which is a dwelling, shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.]

http://www.legislation.gov.uk/ukpga/1968/60


Burglary Section 10Aggravated burglary. (1)A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm

or imitation firearm, any weapon of offence, or any explosive; and for this purpose— (a)“firearm” includes an airgun or air pistol, and “imitation firearm” means anything which has the

appearance of being a firearm, whether capable of being discharged or not; and (b)“weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a

person, or intended by the person having it with him for such use; and (c)“explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or

intended by the person having it with him for that purpose. (2)A person guilty of aggravated burglary shall on conviction on indictment be liable to imprisonment for life. Evaluation and monitoring An assessment of the impact of the burglary guideline was undertaken and published in January

2016, which indicated some unintended impacts. The Council will therefore undertake further analysis in due course to explore potential reasons for

the changes observed, before taking a decision about whether or not to revise the guideline. Child Cruelty Overarching Principles: Assaults on Children and Cruelty to a Child, published in 2008, is now

out of date.


Domestic Abuse The Council started work to replace the Sentencing

Guidelines Council guideline, Overarching Principles: Domestic Violence, published in

2006, which is now out of date and does not reflect the changes in terminology and expert thinking around this important subject over the last 10 years.

Guilty PleasThe Council has a statutory duty to produce a guideline on reductions in sentence for a guilty plea.


Imposition of Community and Custodial Sentences

Guidance for imposition of these sentences was contained within the Council’s predecessor body the Sentencing Guidelines Council’s guideline New Sentences - Criminal Justice Act 2003.

This is very outdated and also contained guidance on many provisions which had never been commenced.

More up to date Sentencing Council guidance already existed for magistrates in the Magistrates’ Court Sentencing Guidelines (MCSG).

Much of this guidance was therefore used as the basis for the new guideline, which will apply in all courts.

Sentencing Manual The Ancillary Orders Toolkit and Sentencing Manual are under review May 2016 http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/ https://www.magistrates-association.org.uk/sentencing-guidelines Sentencing

Guidelines

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/

https://www.magistrates-association.org.uk/sentencing-guidelines

https://www.magistrates-association.org.uk/sentencing-guidelines


Guidance on the Rehabilitation of Offenders Act 1974 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299916/rehabilitation-of-offenders-guidance.pdf https://www.gov.uk/government/publications/new-guidance-on-the-rehabilitation-of-offenders-act-1974 Ministry of Justice 4th March 2014

The Rehabilitation of Offenders Act 1974 http://www.legislation.gov.uk/ukpga/1974/53 primarily exists to support the rehabilitation into employment of reformed offenders who have stayed on the right side of the law.

Under the 1974 Act, following a specified period of time which varies according to the disposal administered or sentence passed, cautions and convictions (except those resulting in prison sentences of over four years and all public protection sentences) may become spent. As a result the offender is regarded as rehabilitated.

All cautions and convictions may eventually become spent, with the exception of prison sentences, or sentences of detention for young offenders, of over four years and all public protection sentences regardless of the length of sentence.

Once a caution or conviction has become spent under the 1974 Act, a person does not have to reveal it or admit its existence in most circumstances. Unless an exception applies, then spent cautions and convictions need not be disclosed when filling in a form, or at a job interview.

An employer cannot refuse to employ someone (or dismiss someone) because he or she has a spent caution or conviction unless an exception applies. The exceptions where you may have to declare spent cautions and convictions are listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

An employer should be able to say if an exception applies and, if so, where it can be found on the Exceptions Order.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299916/rehabilitation-of-offenders-guidance.pdf

https://www.gov.uk/government/publications/new-guidance-on-the-rehabilitation-of-offenders-act-1974



The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 SCHEDULE 1EXCEPTED PROFESSIONS, OFFICES, EMPLOYMENTS AND OCCUPATIONS

PART I : Professions 1. Medical practitioner. 2. Barrister (in England and Wales), advocate (in Scotland), solicitor. 3. Chartered accountant, certified accountant. 4. Dentist, dental hygienist, dental auxiliary. 5. Veterinary surgeon. 6. Nurse, midwife. 7. Ophthalmic optician, dispensing optician. 8. Pharmaceutical chemist. 9. Registered teacher (in Scotland). 10. Any profession to which the Professions Supplementary to Medicine Act 1960 applies and which is undertaken following

registration under that Act. PART II Offices and employments 1. Judicial appointments. 2. The Director of Public Prosecutions and any employment in his office. 3. Procurators Fiscal and District Court Prosecutors, and any employment in the office of a Procurator Fiscal or District Court

Prosecutor or in the Crown Office. 4. Justices' clerks and their assistants. .... PART III Regulated occupations

http://www.legislation.gov.uk/uksi/1975/1023/schedule/1/made

http://www.legislation.gov.uk/uksi/1975/1023/schedule/1/made


Criminal Justice Act 2003 SUMMARY AND BACKGROUND HTTP://WWW.LEGISLATION.GOV.UK/UKPGA/2003/44/NOTES

3.In July 2002 the Government published a White Paper outlining its plans for the criminal justice system, from crime prevention through to the punishment and rehabilitation of offenders. Justice for All (Cm 5563) focused particularly on reforms to court procedure and sentencing, to make trials faster and to deliver clear, consistent and appropriate sentencing. On these issues the White Paper built on the proposals in two consultation documents: Review of the Criminal Courts of England and Wales by Sir Robin Auld (2001) and Making Punishment Work: report of a review of the sentencing framework of England and Wales (2001) by John Halliday.

4.This Act is intended to introduce reforms in these two areas. With regard to court procedure, the Act aims to improve the management of cases through the courts by involving the Crown Prosecution Service in charging decisions, by reforming the system for allocating cases to court, and by increasing magistrates’ sentencing powers so that fewer cases have to go to the Crown Court. It will enable action to be taken to reduce breaches of bail by introducing a new presumption against bail in certain circumstances.(?)

5.The Act is designed to ensure that criminal trials are run more efficiently and to reduce the scope for abuse of the system. It will reform the rules on advance disclosure of evidence and will allow for judge-alone trial in cases involving threats and intimidation of juries, and paves the way for judge-alone trial in exceptionally long, complex serious fraud cases. It will ensure the wider involvement of the community as a whole by reforming rules on jury service. Rules on evidence will be changed to allow the use of previous convictions where relevant, and to allow the use of reported (hearsay) evidence where there is good reason why the original source cannot be present, or where the judge otherwise considers it would be appropriate. It will enable any witness to give evidence using live links. A right of appeal for the prosecution against judicial decisions to direct or order an acquittal before the jury has been asked to consider the evidence will be introduced to balance the defendant’s right of appeal against both conviction and sentence. The Act will also make it possible in certain very serious cases for a retrial to take place despite an earlier acquittal if there is new and compelling evidence of an accused’s guilt.

http://www.legislation.gov.uk/ukpga/2003/44/notes


Review of the Criminal Courts of England and Wales byThe Right Honourable Lord Justice Auld September 2001

Preparing for trial! The key to better preparation for, and efficient and effective disposal of, criminal cases

is early identification of the issues. Four essentials are: strong and independent prosecutors; efficient and properly paid defence lawyers; ready access by defence lawyers to their clients in custody; and a modern communications system. All public prosecutions should take the form of a charge, issued without reference to

the courts but for which the prosecutor in all but minor, routine or urgent cases, would have initial responsibility. It should remain the basis of the case against a defendant regardless of the court which ultimately deals with his case, thus replacing the present mix of charges, summonses and indictments.

A graduated scheme of sentencing discounts should be introduced so that the earlier the plea of guilty the higher the discount for it. This should be coupled with a system of advance indication of sentence for a defendant considering pleading guilty.


Review of the Criminal Courts of England and Wales byThe Right Honourable Lord Justice Auld September 2001 http://webarchive.nationalarchives.gov.uk/+/http://www.criminal-courts-review.org.uk/summary.htm

“A unified Criminal Court The Crown Court and magistrates' courts should be replaced by a unified Criminal Court consisting of three

Divisions: the Crown Division, constituted as the Crown Court now is, to exercise jurisdiction over all indictable-only matters and the more serious 'either-way' offences allocated to it; the District Division, constituted by a judge, normally a District Judge or Recorder, and at least two magistrates, to exercise jurisdiction over a mid range of 'either-way' matters of sufficient seriousness to merit up to two years' custody; and the Magistrates' Division, constituted by a District Judge or magistrates, as magistrates' courts now are, to exercise their present jurisdiction over all summary matters and the less serious 'either-way' cases allocated to them.

The courts, that is those of the Magistrates' Division, would allocate all 'either-way' cases according to the seriousness of the alleged offence and the circumstances of the defendant, looking at the possible outcome of the case at its worst from the point of view of the defendant and bearing in mind the jurisdiction of each division. In the event of a dispute as to venue, a District Judge would determine the matter after hearing representations from the prosecution and the defendant.

The defendant would have no right of election to be tried in any division. (In the event of the present court structure continuing, the defendant should lose his present elective right to trial by jury in 'either-way' cases; see paragraph 9 below.)”

Note:I personally do not believe that defendant’s rights should be diminished at any level as: a) we do not live in a perfect social and political system that would not justify feelings of anger and self -defense to unethical oppressions and b)I consider the right to defence as an absolute right, despite the fact that the case of Christ proves that it is the only the Lord that we ought to trust for Justice.

http://webarchive.nationalarchives.gov.uk/+/http:/www.criminal-courts-review.org.uk/summary.htm


Review of the Criminal Courts of England and Wales byThe Right Honourable Lord Justice Auld September 2001 Paragraph 9: “The defendant should no longer have an elective right to trial by judge and jury in

'either-way' cases. The allocation should be the responsibility of the magistrates' court alone and exercisable where there is an issue as to venue by a District Judge. The procedures of committal for trial and for sentence in 'either-way' cases should be abolished.

Under my recommendation for a unified Criminal Court with three divisions, matters too serious for the Magistrates' Division would go direct either to the District or Crown Division depending on their seriousness. In the meantime 'either-way' cases for the Crown Court should be "sent" there in the same way as indictable-only. Trial by judge and jury should remain the main form of trial of the more serious offences triable on indictment, that is, those that would go to the Crown Division, subject to four exceptions.

First, defendants in the Crown Court or, if my recommendation for a unified Court with three divisions is accepted, in the Crown and District Divisions, should be entitled with the court's consent to opt for trial by judge alone.

Second, in serious and complex frauds the nominated trial judge should have the power to direct trial by himself and two lay members drawn from a panel established by the Lord Chancellor for the purpose (or, if the defendant requests, by himself alone).

Third, a youth court, constituted by a judge of an appropriate level and at least two experienced youth panel magistrates, should be given jurisdiction to hear all grave cases against young defendants unless the charges are inseparably linked to those against.

Fourth, legislation should be introduced to require a judge, not a jury, to determine the issue of fitness to plead.” ( Note: Fitness to plead is not just a legal matter.)


MAKING PUNISHMENTS WORK: THE HALLIDAY REVIEW http://www.publications.parliament.uk/pa/cm200708/cmselect/cmjust/184/18405.htm

2 Background

The development of sentencing policy MAKING PUNISHMENTS WORK: THE HALLIDAY REVIEW 7. On 16 May 2000 the Home Secretary announced a review of the sentencing framework. The Review,

led by John Halliday, was tasked with considering what principles should guide sentencing. The Report—Making Punishments Work: Report of a Review of the Sentencing Framework for England and Wales—was published in July 2001. [8] The Review identified "limitations and problems" with the sentencing framework which had been established by the Criminal Justice Act 1991. This Act "provided a general framework for sentence decision making for the first time".[9] The basic principle was that the severity of the sentence imposed should reflect the seriousness of the offence committed.[10] However, Halliday identified an erosion of this approach, which, he argued, had resulted in a "muddle, complexity and a lack of clear purpose or philosophy" in sentencing policy.[11]

8. His Review also identified the need to put into practice "what works" in order to reduce re-offending, including developing the work of the Probation Services and incorporating restorative justice schemes.[12] Halliday emphasised the need for improved public confidence in sentencing which, he argued, could be achieved through the creation of a principled sentencing framework.[13] Many of the Report's recommendations were incorporated into the Government's 2002 White Paper Justice for All, which formed the basis of the new sentencing framework introduced by the Criminal Justice Act 2003.

http://www.publications.parliament.uk/pa/cm200708/cmselect/cmjust/184/18405.htm








Criminal Justice Act 20032003 CHAPTER 44

6.The Act aims to provide a sentencing framework which is clearer and more flexible than the current one. The purposes of sentencing of adults are identified in statute for the first time, as punishment, crime reduction, reform and rehabilitation, public protection and reparation. The principles of sentencing are set out, including that any previous convictions, where they are recent and relevant, should be regarded as an aggravating factor which will increase the severity of the sentence. A new Sentencing Guidelines Council will be established. Sentences will be reformed, so that the various kinds of community order for adults will be replaced by a single community order with a range of possible requirements; custodial sentences of less than 12 months will be replaced by a new sentence, (described in the Halliday report as “custody plus”), which will always involve a period of at least 26 weeks post-release supervision in the community; and sentences over 12 months will be served in full, half in custody, half in the community, with supervision extended to the end of the sentence rather than the ¾ point as now. Serious violent and sexual offenders will be given new sentences which will ensure that they are kept in prison or under supervision for longer periods than currently. At the other end of the custodial scale, several “intermediate” sanctions will be introduced. These include intermittent custody and a reformed suspended sentence in which offenders have to complete a range of requirements imposed by the court. The intention is for the court to be able to provide each offender with a sentence that best meets the need of the particular case, at any level of seriousness, and for sentences to be more effectively managed by the correctional services who will need to work together closely in delivering the new sentences.

7.The Act also addresses a number of other areas. It contains a number of provisions on drug related offending, including extending to those aged 14 and above the provisions to test persons in police detention and at other points in the criminal justice system for specified Class A drugs. It establishes a new scheme under which the court, rather than the Home Secretary, will determine the minimum term to be served in prison by a person convicted of murder. It will establish a 5 year mandatory minimum custodial sentence for unauthorised possession of a prohibited firearm. It will increase the maximum penalty for causing death by dangerous driving from 10 to 14 years and retain the power of arrest for the possession of cannabis or cannabis resin following their proposed reclassification from Class B to Class C drugs. Finally, in relation to juveniles, the Act extends the use of parenting orders by making them available at an earlier stage and introduces individual support orders, requiring young people with anti-social behaviour orders to undertake education-related activities.

8.In general the Act extends only to England and Wales. 9.The Act is in fourteen parts. Part 1 contains provisions on the Police and Criminal Evidence Act. Part 2 contains provisions on bail. Part 3 contains

provisions on conditional cautions. Part 4 contains provisions on charging. Part 5 contains provisions on disclosure. Part 6 contains provisions on allocation and sending of offences. Part 7 contains provisions on trials on indictment without a jury. Part 8 contains provisions on live links. Part 9 contains provisions on prosecution appeals. Part 10 contains provisions enabling retrial for serious offences following acquittal (double jeopardy). Part 11 contains provisions on evidence of bad character (Chapter 1) and provisions on hearsay evidence (Chapter 2). Part 12 contains provisions on sentencing and is split into a number of Chapters. Chapter 1 contains general provisions about sentencing. Chapter 2 contains provisions on community orders for offenders aged 16 or over. Chapter 3 contains provisions on prison sentences of less than 12 months. Chapter 4 contains further provisions on orders under Chapters 2 and 3. Chapter 5 contains provisions on dangerous offenders. Chapter 6 contains provisions on release of prisoners on licence. Chapter 7 deals with the effect of life sentences. Chapter 8 contains other provisions about sentencing. Chapter 9 contains supplementary provisions. Part 13 contains miscellaneous provisions and Part 14 contains general provisions.


AMENDMENTS OF POLICE AND CRIMINAL EVIDENCE ACT 1984 10.Part 1 amends the Police and Criminal Evidence Act 1984 (PACE). The Act extends the definition of prohibited articles under section 1 of PACE so that it

includes an article made, adapted or intended for use in causing criminal damage. The effect is to give police officers the power to stop and search where they have reasonable suspicion that a person is carrying any such item. It also makes new provision for warrants to enter and search. At present, persons who accompany constables executing search warrants are able to do so merely in an advisory or clerical capacity. The Act allows those accompanying the police under a warrant to actively assist in searching premises.

11.The Act enables the immediate grant of bail from the scene of arrest ("street bail") where there is no immediate need to deal with the arrested person at a police station. It gives police the discretion to decide when and where an arrested person should attend a police station for interview. It also enables reviews of the continuing need for detention without charge to be conducted over the telephone rather than in person at the police station as is currently the case. Where video conferencing facilities are available they should be used in preference to the telephone.

12.The Act extends to persons who are aged 14 and above the provisions in the Police and Criminal Evidence Act 1984 enabling officers to detain a person after charge to test for specified class A drugs, subject to conditions in section 63B of PACE (as introduced by Section 57 of the Criminal Justice and Court Services Act 2000). An appropriate adult is required to be present during the testing procedure for those under the age of 17. The Secretary of State may alter the minimum age by order subject to the affirmative resolution procedure.

13.The Act extends the time for which someone may be detained without charge, under the authority of a superintendent, from 24 to 36 hours for any arrestable offence, rather than for any serious arrestable offence as the law currently stands. At present a custody officer is required to record everything a detained person has with him on entering custody. Section 8 of the Act changes the law so that whilst the custody officer still has a responsibility to ascertain what the person has with him, any recording and where it is made will be at his discretion.

14.The Act makes fundamental changes to the process for establishing and amending codes of practice under PACE. At present codes cover stop and search, searching of premises, detention, identification, and the recording of interviews. Issuing a new code or revising an existing one requires extensive public consultation and an active process of parliamentary consideration. The amendments provide for a targeted consultation process and for a level of parliamentary scrutiny proportionate to the amendments proposed. The introduction of any new code will remain subject to the affirmative procedure.

15.The Act extends the powers of the police to enable them to take fingerprints and a DNA sample from a person whilst he is in police detention following his arrest for a recordable offence. Fingerprints can now be taken electronically and the police will be able to confirm in a few minutes the identity of a suspect where that person’s fingerprints are already held on the National Fingerprint Database. It will prevent persons who may be wanted for other matters avoiding detection by giving the police a false name and address. Fingerprints taken under this provision will be subject to a speculative search across the crime scene database to see if they are linked to any unsolved crime. The DNA profile of an arrested person will be loaded onto the National DNA Database and will be subject to a speculative search to see whether it matches a crime scene stain already held on the Database. This will assist the police in the detection and prevention of crime.

16.Section 12 introduces Schedule 1 which deals with amendments related to this Part of the Act.


BAIL Bail Act 1976 17.This Part gives effect to the Law Commission’s recommendation that minor amendments should

be made to the Bail Act 1976 to ensure that its compliance with the ECHR is beyond dispute. The provision which purports to make it an exception to the right to bail that an offence appears to have been committed while the defendant was on bail for another offence is repealed, and replaced with a presumption that bail will not be granted in these circumstances to a defendant aged 18 or over unless the court is satisfied that there is no significant risk of his re-offending on bail. There is also a presumption that a defendant aged 18 or over who without reasonable cause has failed to surrender to custody will not be granted bail, unless the court is satisfied that there is no significant risk that he would so fail if released.

18.This Part also gives effect to recommendations of Lord Justice Auld in his Review of the Criminal Courts of England and Wales for simplifying the bail appeals system, including removing the High Court’s bail jurisdiction where it is concurrent with that of the Crown Court. The right of the prosecution to appeal to the Crown Court against a decision by magistrates to grant bail is extended to cover all imprisonable offences, and not just those carrying a maximum penalty of 5 years or more as at present.

19.This Part creates a presumption that bail will not be granted for a person aged 18 or over who is charged with an imprisonable offence, and tests positive for a specified Class A drug, if he refuses to undergo an assessment as to his dependency or propensity to misuse such drugs, or following an assessment, refuses any relevant follow-up action recommended unless the court is satisfied that there is no significant risk of his re-offending on bail.


Criminal Justice Act 2003CONDITIONAL CAUTIONS CHARGING CONDITIONAL CAUTIONS 20.This Part allows for a caution with specific conditions attached to it to be given where there is

sufficient evidence to charge a suspect with an offence which he or she admits, and the suspect agrees to the caution. It would be for the prosecutor to decide whether a conditional caution was appropriate, and in most cases for the police to administer it. If the suspect failed to comply with the conditions, he or she would be liable to be prosecuted for the offence. The Act provides for the publication of a Code of Practice for conditional cautions.

CHARGING ETC 21.This Part amends the Police and Criminal Evidence Act 1984 to provide that, where a custody

officer decides that there is sufficient evidence to charge a suspect who is in police detention, he is to have regard to guidance issued by the DPP in determining whether the suspect should be released without charge but on bail, released without charge and without bail, or charged. Where, pursuant to that guidance, a case is referred to the Crown Prosecution Service to determine whether proceedings should be instituted (and if so on which charge), the defendant will be released on police bail with or without conditions.

22.This Part also makes provision for a new method of initiating public prosecutions, to replace laying an information and issue of a summons. The police, the CPS and other named public prosecutors will instead issue a written charge, which will be accompanied by a ‘requisition’ informing the defendant when he is to appear in court to answer to it.


DISCLOSURE 23.This Part amends some of the provisions in the Criminal Procedure and Investigations Act 1996 that govern the

disclosure of unused prosecution material to the defence and the provision of a defence case statement. It replaces the present two stage test with a new objective single test for the disclosure of unused prosecution material to the defence, requiring the prosecutor to disclose prosecution material that has not previously been disclosed and which might reasonably be considered capable of undermining the case for the prosecution against the accused, or of assisting the case for the accused. It replaces the present secondary disclosure stage with a revised continuing duty on the prosecutor to disclose material that meets the new test. The prosecutor is specifically required to review the prosecution material on receipt of the defence statement and to make further disclosure if required under the continuing duty.

24.It also amends the defence disclosure requirements, requiring the accused to provide a more detailed defence statement than currently required. The main changes are that the defence will be required to set out the nature of his defence including any particular defences on which he intends to rely and indicate any points of law he wishes to take, including any points as to the admissibility of evidence or abuse of process. Other new provisions are a requirement for the judge to warn the accused about any failure to comply with the defence statement requirements, placing cross service of defence statements on a statutory footing, a requirement for service of an updated defence statement to assist the management of the trial, requiring the accused to serve, before the trial, details of any witnesses he intends to call to give evidence (other than himself) and also details of all experts instructed including those not called to give evidence. The new obligation on the defence to provide details of the witnesses it intends to call will be accompanied by a code of practice governing the conduct of any interviews by the police or non-police investigators with defence witnesses disclosed in accordance with the requirement.

25.Other provisions include a requirement that the judge must warn the defence about disclosure failures and judicial discretion to disclose the defence statement to the jury. The procedure for enabling the jury to draw adverse inferences from defence disclosure failures in respect of the defence statement is simplified.


Criminal Procedure and Investigations Act 1996 (section 23(1)) Code of Practice Ministry of Justice March 2015 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/447967/code-of-practice-approved.pdf

Revised in accordance with section 25(4) of the Criminal Procedure and Investigations Act 1996 7. Revelation of material to prosecutor 7.1 Certain unused material must be disclosed to the accused at Common Law if it would assist the defence with

the early preparation of their case or at a bail hearing. This material may consist of items such as a previous relevant conviction of a key prosecution witness or the withdrawal of support for the prosecution by a witness. This material must be revealed to the prosecutor for service on the defence with the initial details of the prosecution case. 7.1A In anticipated not guilty plea cases for hearing in the magistrates’ court the disclosure officer must give the streamlined disclosure certificate to the prosecutor at the same time as he gives the prosecutor the file containing the material for the prosecution case. 7.1B In cases sent to the Crown Court, wherever possible, the disclosure officer should give the schedules concerning unused material to the prosecutor at the same time as the prosecution file in preparation for the first hearing and any case management that the judge may wish to conduct at that stage.

7.2 The disclosure officer should draw the attention of the prosecutor to any material an investigator has retained (including material to which paragraph 6.16 applies) which may satisfy the test for prosecution disclosure in the Act, and should explain why he has come to that view.

7.3 At the same time as complying with the duties in paragraphs 7.1 and 7.2, the disclosure officer must give the prosecutor a copy of any material which falls into the following categories (unless such material has already been given to the prosecutor as part of the file containing the material for the prosecution case):i) information provided by an accused person which indicates an explanation for the offence with which he has been charged; ii) any material casting doubt on the reliability of a confession; iii) any material casting doubt on the reliability of a prosecution witness; iv) any other material which the investigator believes may satisfy the test for prosecution disclosure in the Act.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/447967/code-of-practice-approved.pdf


RETRIAL FOR SERIOUS OFFENCES 40.This Part of the Act reforms the law relating to double jeopardy, by permitting retrials in respect of a number of very serious offences, where

new and compelling evidence has come to light. At present the law does not permit a person who has been acquitted or convicted of an offence to be retried for that same offence – this risk of retrial is known as “double jeopardy”. There are two principles arising from the common law which prevent this. The first is known by the legal terms autrefois acquit and autrefois convict. These principles provide a bar to the trial, in respect of the same offence, of a person who has previously been either acquitted or convicted of that offence. In addition, the courts may consider it an abuse of process for additional charges to be brought, following an acquittal or conviction, for different offences which arose from the same behaviour or facts. There are certain exceptions to this rule.

41.The Government considers that the law should be reformed to permit a re-trial in cases of serious offences where there has been an acquittal in court, but compelling new evidence subsequently comes to light against the acquitted person. This is in line with, but drawn more widely than, recommendations of the Law Commission and those set out in Lord Justice Auld’s review of the Criminal Courts, published in 2001. Examples of new evidence might include DNA or fingerprint tests, or new witnesses to the offence coming forward. The measures amend the law to permit the police to re-investigate a person acquitted of serious offences in these circumstances, to enable the prosecuting authorities to apply to the Court of Appeal for an acquittal to be quashed, and for a re-trial to take place where the Court of Appeal is satisfied that the new evidence is highly probative of the case against the acquitted person. The measures provide safeguards aimed at preventing the possible harassment of acquitted persons in cases where there is not a genuine question of new and compelling evidence, by requiring the personal consent of the Director of Public Prosecutions (DPP) both to the taking of significant steps in the re-opening of investigations – except in urgent cases – and to the making of an application to the Court of Appeal. The DPP will take into account both the strength of the evidence and the public interest in determining whether a re-investigation or application to the Court is appropriate.

42.The new arrangements will apply only in respect of serious offences. These are offences which carry a maximum sentence of life imprisonment, and for which the consequences for victims or for society as a whole are particularly serious. The offences are listed in Schedule 5 to the Act and include, for example, murder, manslaughter and rape. They do not include all offences for which life imprisonment is the maximum punishment, because this would catch a number of common law offences which may not have such serious consequences, and for which a life sentence would rarely be imposed.

43.Where the Court of Appeal quashes an acquittal, a new indictment for the same offence may then be preferred by the prosecuting authorities, and a retrial will follow. The retrial will take account of all the evidence available in the case. The Court of Appeal may refuse to quash an acquittal in cases where the evidence is not new and compelling, or where it is not considered in the interests of justice to proceed with a retrial.


EVIDENCE ( HEARSAY ?) 44.Chapter 1 deals with the admissibility in criminal proceedings of evidence of a person’s bad character. Under the law as it currently stands, there is an exclusionary rule which prevents the prosecution

generally from producing evidence in a trial of a defendant’s previous misconduct. This includes the fact that they have previously been convicted of an offence and any other evidence that might show a disposition in that person to break the law or act in particular way. This rule is an exception to the general principle that all relevant evidence is admissible and is itself subject to a number of exceptions. These include the “similar fact rule”, which allows the prosecution to rely on evidence of a defendant’s previous misconduct as part of its case against him in certain circumstances. There are also statutory exceptions such as section 1(3) of the Criminal Evidence Act 1898, which allows a defendant to be asked questions about his past in cross-examination where he has claimed to be of good character or has himself attacked the character of a prosecution witness or given evidence against a co-defendant. There are, however, no comparable rules governing the introduction of a witness’s previous misconduct, which is therefore admissible provided that it is relevant.

45.This area of the law has been the subject of a comprehensive study by the Law Commission, who published a report of their conclusions and recommendations for reform in October 2001: “Evidence of Bad Character in Criminal Proceedings” (Report No. 273). It was also considered by Sir Robin Auld during his Review of the Criminal Courts, which also reported in October 2001. Both offered substantial criticism of the present rules.

46.The Government’s approach has been closely informed by both reports and was set out in the Criminal Justice White Paper “Justice for All” (Cm 5563, July 2002). The Act’s provisions are intended to provide a comprehensive set of rules for the admissibility of this sort of evidence in respect both of witnesses and defendants. Accordingly, the existing common law rules are abolished and other statute law substantially repealed.

47.Chapter 2 makes further changes to the rules of evidence by reforming the law relating to the admissibility of hearsay evidence in criminal proceedings.

48.The common law rule against the admission of hearsay evidence is generally accepted as meaning that ‘an assertion other than one made by a person while giving oral evidence in the proceedings is inadmissible as evidence of any fact or opinion asserted’. This means that only a statement given by a witness orally in court proceedings is admissible as evidence of the facts as they represent them. The main implication of this rule is that witnesses must give oral evidence in court from first-hand knowledge, and may not repeat what other people have told them. For example:

Written records are inadmissible evidence of the matters they contain;

Witnesses must give oral evidence and a written statement cannot be a substitute for their personal appearance in the witness box;

Witnesses must give evidence from first hand knowledge and may not repeat what other people have told them; and

Previous out of court oral statements made by the witness themselves are inadmissible evidence of the matters they contain.

49.There are several exceptions to this rule, some of which are found in common law and some in statute. Both the common law rule and the way in which the exceptions operate, however, have been the subject of considerable criticism.

50.This area of the law was the subject of a Law Commission Report Evidence in Criminal Proceedings: Hearsay and Related Topics (Report No 245) in 1997, which included 50 recommendations for reform and incorporated a draft Bill. This area of law was again considered by Sir Robin Auld as part of his Review. Sir Robin Auld concluded that we should move away from the strict rule against the admission of hearsay evidence in criminal proceedings, to a more flexible position where we admit such evidence and instead trust fact-finders to assess the weight of the evidence.

51.The provisions in Chapter 2 of Part 11 are intended, so far as necessary, to codify the law relating to the admissibility of out of court statements in criminal proceedings. They aim to simplify the law and to provide greater certainty as to the circumstances when such evidence will be admitted. The main provisions (in Sections 114 and 115)remove the old common law rule against the admission of hearsay evidence and provide that such evidence will be admissible (on behalf of the prosecution and defence) provided certain safeguards are met.

52.Chapter 2 also provides the court with an additional statutory discretion to allow an out of court statement to be admitted as evidence where it would be in the interests of justice to do so. In addition, witness’s previous statements will be more widely admissible at trial (as proof of the facts contained within). Chapter 3 provides that certain witnesses in serious cases may use their video recorded statements in place of their main evidence.


SENTENCING I 53.Chapter 1 sets out general sentencing provisions. Many of these re-enact existing provisions, which are currently contained in the

Powers of Criminal Courts (Sentencing) Act 2000. 54.Sections 142 to 146 make provision for matters to be taken into account in sentencing. These include the purposes of adult

sentencing, principles for determining the seriousness of an offence, reduction in sentences for early guilty pleas and aggravating factors where the offence was motivated by the offender's race, religion, disability or sexual orientation. The purposes of sentencing are set out in statute for the first time. They are: punishment, crime reduction, reform and rehabilitation, public protection and reparation.

55.Sections 147 to 151 specify when community sentences can be used and set out general restrictions on imposing community sentences. Sections 152 and 153 perform a similar function in relation to custodial sentences. Sections 154 to 155 amend the existing limits on magistrates’ court’s powers to impose custodial sentences. Sections 156 to 160 set out the procedural requirements for imposing community and custodial sentences. They deal, in particular, with pre-sentence reports and other requirements in the case of mentally disordered offenders. For adult offenders pre-sentence reports are written by the probation service on the basis of their analysis of the offender’s behaviour, criminal history and needs. They suggest to the court the kind of punishment and rehabilitation that would be appropriate in each particular case and make recommendations as to the particular sentence that should be passed. In the case of mentally disordered offenders the court has to obtain a medical report before imposing a custodial sanction. Section 161 provides for pre-sentence drug testing when the court is considering imposing a community sentence or a suspended sentence. The test is intended to help the court to decide whether drug treatment and testing is necessary. Sections 162 to 165 deal with the court’s powers to impose and remit fines. Section 166 re-enacts existing provisions about mitigation and about dealing with mentally disordered offenders.

56.Sections 167 to 173 set up the Sentencing Guidelines Council, a new body which will produce sentencing guidelines for all criminal courts and guidelines on the allocation of cases between courts. Sentencing guidelines enable courts to approach sentence in any case from a common starting point. They are also intended to enable practitioners and the public generally to know what that starting point will be. The Act creates a new Council to promulgate those guidelines and provides for the existing Sentencing Advisory Panel to tender its advice to that Council. The Council will create guidelines across a wide range of issues that are relevant to sentencing and Courts will be obliged to take the guidelines into account when deciding a sentence. The Council will be chaired by the Lord Chief Justice and will consist of 7 further judicial members and 4 non-judicial members. In addition, the Home Secretary will appoint an observer who will bring to the Council experience of sentencing policy and the administration of sentences


Powers of Criminal Courts (Sentencing) Act 2000 Chapter II Detention and custody of young offenders Section 89 : Restriction on imposing imprisonment on persons under 21. (1)Subject to subsection (2) below, no court shall— (a)pass a sentence of imprisonment on a person for an offence if he is aged under 21 when

convicted of the offence; or (b)commit a person aged under 21 to prison for any reason. (?) (2)Nothing in subsection (1) above shall prevent the committal to prison of a person aged

under 21 who is— (a)remanded in custody; (b)committed in custody for trial or sentence; or (c)sent in custody for trial under section 51 of the Crime and Disorder Act 1998. Section 90: Offenders who commit murder [F1etc.] when under 18: duty to detain at

Her Majesty’s pleasure. Where a person convicted of murder [F1or any other offence the sentence for which is

fixed by law as life imprisonment]appears to the court to have been aged under 18 at the time the offence was committed, the court shall (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty’s pleasure.

http://www.legislation.gov.uk/ukpga/2000/6/part/V/chapter/II

http://www.legislation.gov.uk/ukpga/2000/6/section/90


Powers of Criminal Courts (Sentencing) Act 2000Chapter II Detention and custody of young offenders Section 91: Offenders under 18 convicted of certain serious offences: power to detain for specified

period. (1)Subsection (3) below applies where a person aged under 18 is convicted on indictment of— (a)an offence punishable in the case of a person aged 21 or over with imprisonment for 14 years or

more, not being an offence the sentence for which is fixed by law; or (b)an offence under section 14 of the M1Sexual Offences Act 1956 (indecent assault on a woman); or (c)an offence under section 15 of that Act (indecent assault on a man) committed after 30th September

1997. (2)Subsection (3) below also applies where a person aged at least 14 but under 18 is convicted of an

offence under— (a)section 1 of the M2Road Traffic Act 1988 (causing death by dangerous driving); or (b)section 3A of that Act (causing death by careless driving while under influence of drink or drugs). (3)If the court is of the opinion that none of the other methods in which the case may legally be dealt

with is suitable, the court may sentence the offender to be detained for such period, not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over, as may be specified in the sentence.

(4)Subsection (3) above is subject to (in particular) sections 79 and 80 above.




Powers of Criminal Courts (Sentencing) Act 2000 Chapter II Detention and custody of young offenders Section 92 :Detention under sections 90 and 91: place of detention etc. (1)A person sentenced to be detained under section 90 or 91 above shall be

liable to be detained in such place and under such conditions— (a)as the Secretary of State may direct; or (b)as the Secretary of State may arrange with any person. (2)A person detained pursuant to the directions or arrangements made by the

Secretary of State under this section shall be deemed to be in legal custody. (3)A direction of the Secretary of State under this section may be signified only

— (a)under the hand of the Secretary of State or an Under-Secretary of State or

an Assistant Under-Secretary; or (b)under the hand of an authorised officer; and arrangements of the Secretary of State under this section may be signified

only as mentioned in paragraph (a) above.

http://www.legislation.gov.uk/ukpga/2000/6/part/V/chapter/II


Powers of Criminal Courts (Sentencing) Act 2000Custody for life : Young Offenders http://www.legislation.gov.uk/ukpga/2000/6/contents

Section 93:Duty to impose custody for life in certain cases where offender under 21. Where a person aged under 21 is convicted of murder or any other offence the sentence for which is fixed by law as imprisonment for life, the court shall sentence him to custody for life unless he is liable to be detained under section 90 above.

Section 94:Power to impose custody for life in certain other cases where offender at least 18 but under 21.

(1)Where a person aged at least 18 but under 21 is convicted of an offence (a)for which the sentence is not fixed by law, but

(b)for which a person aged 21 or over would be liable to imprisonment for life, the court shall, if it considers that a sentence for life would be appropriate, sentence him to custody for life. (2)Subsection (1) above is subject to (in particular) sections 79 and 80 above, but this subsection does not

apply in relation to a sentence which falls to be imposed under section 109(2) below. Section 95:Custody for life: place of detention. (1)Subject to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc.), an offender sentenced to

custody for life shall be detained in a young offender institution unless a direction under subsection (2) below is in force in relation to him.

(2)The Secretary of State may from time to time direct that an offender sentenced to custody for life shall be detained in a prison or remand centre instead of a young offender institution.



SENTENCING II 57.Section 174 replaces the existing duties on courts to provide reasons for sentence, with a new overarching duty to provide reasons and

explain the sentence. The court is required to give reasons if it departs from a recommended guideline. Section 175 expands the existing duty on the Home Secretary in section 95 of the Criminal Justice Act 1991 to publish information on the effectiveness of sentencing.

58.Chapter 2 provides for community orders for offenders aged 16 or over. There are currently a number of different community orders: community rehabilitation orders, community punishment orders, community punishment and rehabilitation orders, curfew orders, drug treatment and testing orders, drug abstinence orders (being piloted), and exclusion orders (not yet commenced). This Act creates a single generic community sentence, which combines requirements currently available under different community sentences.

59.The range of requirements available with a generic community sentence will be: Compulsory (unpaid) work; Participation in any specified activities; Programmes aimed at changing offending behaviour; Prohibition from certain activities; Curfew; Exclusion from certain areas; Residence requirement; Mental health treatment (with consent of the offender); Drug treatment and testing (with consent of the offender); Alcohol treatment (with consent of the offender); Supervision; Attendance centre requirements (for those under 25). 60.Schedules 8 and 9 make provision for breaches of community sentences and their transfer to Scotland or Northern Ireland. 61.Chapter 3 contains new provisions in relation to short prison sentences of less than 12 months. Currently an offender serving a prison

sentence of less than 12 months is released automatically at the half way point of the sentence, and the second half of the sentence is not subject to any licence conditions. Following the recommendations of the Halliday Report ‘Making Punishments Work’, new sentences of less than 12 months have been developed which are designed to provide a more effective framework within which to address the needs of offenders.


Criminal Justice Act 1991Part I Powers of Courts to deal with offenders -Part II Early Release of PrisonersPart III Children and Young Persons- Part IV Provision of Services Part V Financial and Other Provisions http://www.legislation.gov.uk/ukpga/1991/53/contents

Section 93: Cash limits for magistrates’ courts. ...(2)In section 58 of that Act (corresponding arrangements in inner London area), after subsection (2) there shall be inserted the

following subsection— “(2A)Nothing in subsection (1) or (2) above shall require the Receiver to incur any expenditure or make any payment which

would— (a)cause the net cost to him in any year of the matters mentioned in subsection (1) of section 59 of this Act to exceed the amount

which, in relation to the Receiver and that year, is for the time being determined by the Secretary of State under subsection (3)(b) of that section; or

(b)cause his capital expenditure in any year in pursuance of functions under this Part of this Act to exceed the amount which, in relation to the Receiver and that year, is for the time being determined by the Secretary of State under subsection (4)(b) of that section;

and in determining any such net cost as is mentioned in paragraph (a) above there shall be disregarded any such capital expenditure as is mentioned in paragraph (b) above.”

94. Cash limits for probation services.Section 98 : Expenses etc. under Act. There shall be paid out of money provided by Parliament— (a)any sums required by the Secretary of State for making payments under contracts entered into under section 13, 80 or 84

above F1. . .; (b)any sums so required for defraying the expenses of the Parole Board, or any expenses incurred by members of lay panels

appointed under section 81 above; (c)any administrative expenses incurred by the Secretary of State under this Act; and (d)any increase attributable to this Act in the sums payable out of money so provided under any other Act. S. 94 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4





http://www.legislation.gov.uk/id/ukpga/1991/53/section/94

http://www.legislation.gov.uk/id/ukpga/1993/47

http://www.legislation.gov.uk/id/ukpga/1993/47/section/32

http://www.legislation.gov.uk/id/ukpga/1993/47/section/33/2

http://www.legislation.gov.uk/id/ukpga/1993/47/schedule/4


SENTENCING III 62.Sections 181 and 182 make provision for the new sentence (described in the Halliday report as “custody plus”), that will replace all

short prison sentences of under 12 months (with the exception of intermittent custody). It will be made up of a short period in custody of up to 3 months (to fulfil the punishment purpose of the sentence) followed by a longer period under supervision in the community (to fulfil the reparation and crime reduction purposes of the sentence) of a minimum of 6 months. At the point of sentence the court will specify the lengths of the two parts and attach specific requirements, based upon those available under the generic community sentence, to the supervision part of the sentence so as to address the rehabilitative needs of the offender.

63.If the court deems it appropriate, and the offender consents, the custodial part of the sentence can be served intermittently. Sections 183 to 186 outline this sentence. Where an intermittent custody order is made the custodial periods will be served in short blocks of a few days at a time, while the licence period runs between the blocks (and may continue after the last custodial period). Intermittent custody will enable offenders to maintain jobs, family ties or education, all of which have been shown to play a part in reducing re-offending. This will be a new type of sentence in England and Wales, although there are similar systems in Europe. It will be piloted in two sites before a decision is made on whether to implement it more widely. If an offender fails to comply with the terms of the community part of the sentence he will be returned to custody. As with all recalls, the Parole Board will decide when he is to be re-released.

64.Schedules 10 and 11 set out the provisions for dealing with revocation and amendment of custody plus and intermittent custody orders, and for their transfer to Scotland and Northern Ireland.

65.Sections 189 to 194 deal with suspended sentences. At present a custodial sentence can be suspended for between one and two years provided that the offence warrants custody and the suspension is justified by the “exceptional circumstances” of the case. A suspended sentence can be combined with a fine or compensation order, but not with a community sentence (although a supervision order can be attached). The custodial sentence is activated by the committal of another imprisonable offence. This Act replaces this sentence with an amended version which is designed to be more widely available and more effective in correcting offending behaviour. The key change is that the court may suspend a short custodial sentence (as described in Section 181) for between six months and two years on condition that the offender undertakes activities in the community. These activities are chosen by the court from the list available under the generic community sentence. If the offender breaches the terms of the suspension the suspended sentence will be activated. The commission of a further offence during the period of suspension will also count as a breach, and the offender’s existing suspended sentence will normally be activated when the court sentences him for the new offence. The provisions dealing with breaches of suspended sentences are set out in Schedule 12 and arrangements for their transfer to Scotland or Northern Ireland in Schedule 13.


SENTENCING IV 66.This Act provides the courts with a discretionary power to review an offender’s progress under a suspended sentence. Courts

already have the power to review drug treatment and testing orders (see section 54(6) of the Powers of Criminal Courts (Sentencing) Act 2000). The court can amend any requirement or provision of the drug treatment and testing order based on the progress of the offender under the sentence. The court will continue to have this power in relation to a drug treatment and testing requirement of a community sentence. It will also have the power to review the progress of an offender on a suspended sentence, if it chooses, whether or not a drug rehabilitation requirement forms part of the order, and alter the requirements accordingly. This more general power of review is limited to the new suspended sentence in this Act, but may be extended further if it proves successful.

67.Chapter 4 contains the provisions common to community sentences and short prison sentences. Sections 197 and 198 describe the duties of the “responsible officer”. A responsible officer is an employee of the local probation board, an electronic monitoring provider (if electronic monitoring of a curfew or exclusion requirement is the only requirement on the order), and if the offender is under 18 it can be either a probation officer or a Youth Offending Team member. The responsible officer has overall control of an offender on a community sentence or the licence period of a custodial sentence. Sections 199 to 214 describe in detail the requirements available in relation to community orders, custody plus orders, suspended sentence orders and intermittent custody orders. Section 215 provides that electronic monitoring can be attached to any of the requirements. Sections 216 to 220 set out general procedural requirements for community orders and short prison sentences, such as ensuring that people receive relevant information concerning each order. Sections 221 to 223 set out the powers of the Secretary of State in relation to various requirements, including provisions as to whom copies of relevant orders should be provided to which are set out in Schedule 14.

68.Chapter 5 provides measures for dealing with dangerous offenders. The Halliday report criticised the existing disparate set of provisions for sexual and violent offenders and identified a need for a more coherent sentencing structure to deal with this type of offender. The Act introduces a new scheme of sentences for offenders who have been assessed as dangerous and have committed a specified sexual or violent offence. Under the new scheme, dangerous offenders who have been convicted of a trigger sexual or violent offence (listed in Schedule 15) for which the maximum penalty is between two and ten years will be given an extended sentence (Section 227).This sentence will be a determinate sentence served in custody to the half way point. Release during the whole of the second half of the sentence will be on recommendation of the Parole Board. In addition extended supervision periods of up to five years for violent offenders and eight years for sexual offenders must be added to the sentence.


SENTENCING V 69.If an offender has been assessed as dangerous and has been convicted of a sexual or violent trigger offence (listed in Schedule 15) whose

maximum sentence length is ten years or more, he will receive either a sentence of imprisonment for public protection (Section 225) or a discretionary life sentence. In cases where the offender has been assessed as dangerous and has been convicted of a trigger offence carrying a maximum sentence of life imprisonment the court must consider the seriousness of the offence when deciding upon which of the two possible sentences to impose. For both sentences the court will specify a minimum term which the offender is required to serve in custody. After this point the offender will remain in prison until the Parole Board is satisfied that their risk has sufficiently diminished for them to be released and supervised in the community. Following release, those serving a sentence of imprisonment for public protection would be able to apply to the Parole Board to have their licence rescinded after ten years had elapsed. Offenders serving a discretionary life sentence would be on licence for the rest of their lives. The Act makes similar provisions for juveniles enabling the sentence of detention for public protection (Section 226) and the extended sentence (Section 228) to be passed for offenders aged under 18 who have committed a specified sexual or violent offence (listed in Schedule 15) and have been assessed by the courts as dangerous.

70.Chapter 6 deals with the arrangements for prisoners’ release on licence, recall to prison following breach of licence requirements, and further re-release. It also contains provisions for calculating remand time, calculating how sentences should be served and drug testing requirements on licence.

71.Sections 240 to 243 enable the court to deduct any time spent on remand from the custodial part of the sentence that it passes. 72.Sections 244 to 253 provide for the release of offenders from custody. Under the present system only half of a prison sentence of between 12

months and 4 years has to be served in prison. Following release the offender will be subject to licence conditions until the three-quarter point of his sentence. If the sentence is of 4 years or more then the offender may be released between the half and two thirds point of the sentence subject to a recommendation by the Parole Board. At the two-thirds point release is automatic and the prisoner is subject to licence conditions until the three-quarter point and remains on licence until the end of his sentence.

73.Under the new framework, offenders serving sentences of 12 months or more will be released automatically on licence at the half-way point of their sentence (subject to early release on home detention curfew (HDC) which will remain available). Upon release, the second half of their sentence will be subject to standard licence conditions and any combination of the additional prescribed conditions that the Secretary of State may determine by order. New custodial sentences of 12 months or more will therefore be served in full and licence conditions may be imposed right up to the end of the sentence.

74.If an offender fails to comply with a licence condition or commits an offence on licence he is liable to be recalled to prison, as described in Sections 254 and 255. This Act makes recall to custody an executive decision – by the prison and probation services - rather than by the Parole Board, as at present. The offender will have the right of appeal to the Parole Board, and even if the offender chooses not to exercise this right the Parole Board will nonetheless scrutinise all recall decisions, to ensure they are fairly taken. By allowing the Parole Board to focus on assessing decisions of recall, the Act removes the anomaly by which the Parole Board currently both advise on recalls and act as an appeal body against those same recalls.


SENTENCING VI 75.When determining an appeal against recall, or scrutinising the validity of a recall decision, the Parole Board will

consider the issue of re-release, as laid out in Section 256. It will either set a date for re-release or for a review of re-release a further date for considering re-release if setting a date is not feasible.

76.Section 257 provides the Secretary of State with the power to add days to prison sentences, under prison rules, where disciplinary offences are committed whilst in custody.

77.Sections 259 to 262 provide for a new early removal scheme from prison for foreign national prisoners liable to removal from the UK. Eligible prisoners may be removed up to 135 days early provided the custodial part of the sentence is at least 6 weeks and a specified proportion of the sentence has been served. The provisions will apply to all determinate sentence prisoners. The provisions introduce an order-making power to allow the Secretary of State, inter alia, to reduce or increase the reference to 135 days as well as to alter the provisions specifying the minimum custodial part of the sentence and the proportion of the sentence that must have been served. Section 260 provides that, if a foreign national prisoner who has been removed from prison and from the UK in these circumstances re-enters the UK then he is liable to be detained in pursuance of his sentence for the period he would have served if he had not been removed early from prison or his sentence expiry date, whichever is earlier. Section 262 gives effect to a new schedule (Schedule 20) which makes provisions for a similar scheme to apply in advance of the commencement of this Act.

78.Sections 263 and 264 set out the principles for calculating the time offenders must spend in custody and on licence where several sentences are passed on the same or different occasions, and are ordered to be served concurrently (at the same time) or consecutively (one after the other).

79.Section 266 amends section 64 of the Criminal Justice and Court Services Act 2000 (release on licence etc. drug testing requirements) to require a young offender aged 14 and above, to be tested for specified Class A drugs if a responsible officer believes that the offender is likely to misuse any specified class A drug and that such misuse has caused or contributed to any offence for which he was convicted, or may cause him to commit further offences. An appropriate adult is required to be present during the testing procedure for those under the age of 17. The requirement for a trigger offence to have been committed is removed.


SENTENCING VII 80.Chapter 7 establishes a new scheme under which the court, rather than the Home Secretary, will determine the minimum term to be served in

prison by a person convicted of murder. The length of this minimum term is to be determined by reference to a new statutory framework set out in Schedule 21. Once the minimum term has expired, the Parole Board will consider the person’s suitability for release, and if appropriate, direct his release. These provisions respond to two court judgements, the judgement of the European Court of Human Rights in May 2002 in Stafford, and the judgement of the House of Lords in Anderson in November 2002.

81.Chapter 8 contains additional sentencing provisions. One of these relates to deferred sentences. Currently a court can defer passing a sentence pending the good behaviour of the offender, as long as the offender consents and the court believes that deferring the sentence is in the interests of justice. If the offender commits another offence during the deferment period the court will deal with both sentences at once. This Act will require more of the offender on a deferred sentence. The power to defer passing sentence is only exercisable if the offender undertakes to comply with any requirements as to his conduct that the court considers it appropriate to impose. He may have to complete undertakings in the community as set by the court. These can be activities such as reparation to the community. The probation service or other responsible body will monitor the offender’s compliance with the requirements and will prepare a report for the court at the point of sentence. Failure to comply with a requirement will result in the offender being brought back to court early for sentence. As now, if the offender commits another offence during the deferment period the court will deal with both sentences at once.

82.Section 279 introduces Schedule 24 which enables a requirement as to drug treatment and testing to be included in an action plan order or a supervision order.

83.Sections 280 to 284, in conjunction with Schedules 25, 26, 27 and 28 make the necessary alterations to the maximum penalties available for certain offences so as to ensure that they are compatible with the new sentencing framework. The Act creates a new sentence of less than 12 months, custody plus, that will replace all short custodial sentences currently available (see Sections 181 and 182). The maximum length of a sentence of custody plus, in relation to a single offence, will be 51 weeks. Therefore, in order to ensure that a full sentence of custody plus may be passed for a certain offence, this offence must have a maximum penalty of 51 weeks imprisonment or more. Currently there are a number of offences, triable only in the magistrates’ court, that carry maximum penalties of six months imprisonment or less. These penalties will have no practical application under the new sentencing framework, therefore Sections 280 and 281 make the necessary alterations to the maximum penalties for such offences by either raising them to 51 weeks or lowering them to non custodial penalties. Similarly, Section 282 makes the necessary alterations to the penalties for certain triable-either-way offences on summary conviction so that they may be compatible with the new sentencing framework. Section 283 also amends those powers in other legislation that provide for the creation of new summary or triable either way offences, so as to ensure that any offences created under these enabling powers will have maximum penalties that are compatible with the new sentencing framework. Section 284 and Schedule 28 increase the penalties for certain drug-related offences.


SENTENCING VIII 84.In July 2002, the Government published its Report on the Review of Road Traffic Penalties and proposed to

increase the maximum penalties for the offences of causing death by dangerous driving, causing death by careless driving under the influence of drink or drugs and aggravated vehicle taking where the aggravating feature is that, owing to the driving of the vehicle, an accident occurs and death results. Concerns had been expressed in response to the Review about the level of the maximum penalties and some sentences had been passed at, or close to, the maximum. Section 285 of the Act provides that each of these three offences should have the same maximum penalty of 14 years imprisonment, an increase from 5 years for the aggravated vehicle taking offence and from 10 years for the other two offences. This will provide consistency in approach for driving offences where death results.

85.Sections 287 to 293 make provision for establishing a mandatory minimum sentence for anyone who is convicted, on indictment, of illegal possession or distribution of prohibited firearms.

86.Section 299 and Schedule 30 insert two new sections into Part 2 of the Criminal Justice and Court Services Act 2000 which deal with disqualifying unsuitable people from working with children. New section 29A extends the court’s powers by adding a discretion to make an order if it is satisfied that it is likely a further offence against a child will be committed, even though the sentence threshold specified in the Act is not met. New section 29B provides that where a court was under a duty to consider the issue of a disqualification order, by virtue of convicting the offender of a relevant offence and passing a sentence which met the threshold specified, but appeared not to have done so, the prosecution may subsequently apply to a senior court for a disqualification order to be made.

87.Sections 300 and 301 provide a power to impose an unpaid work or curfew requirement on a fine defaulter or to disqualify them from driving, rather than sending them to prison. Schedule 31 sets out the equivalent number of hours of unpaid work or days of curfew in relation to amounts of fine defaulted.

88.Chapter 9 sets out the principal repeals and deals with the interpretation of Part 12.


Bladed Articles and Offensive Weapons – Possession https://www.sentencingcouncil.org.uk/wp-content/uploads/Draft-guideline-Bladed-articles-and-offensive-weapons-guideline.pdf

Possession of an offensive weapon in a public place Prevention of Crime Act 1953 (section 1(1)) Possession of an article with blade/point in a public place Criminal Justice Act 1988 (section 139(1)) Possession of an offensive weapon on school premises Criminal Justice Act 1988 (section 139A(2)) Possession of an article with blade/point on school premises Criminal Justice Act 1988 (section 139A(1)) This guideline applies only to offenders aged 18

and older Unauthorised possession in prison of a knife or offensive weapon Prison Act 1952 (section 40CA) Triable either way Maximum: 4 years’ custody Offence range: Fine – 2 years 6 months’ custody

https://www.sentencingcouncil.org.uk/wp-content/uploads/Draft-guideline-Bladed-articles-and-offensive-weapons-guideline.pdf


STEP ONE: Determining the offence categoryThis guideline applies only to offenders aged 18 and older

The court should determine the offence category with reference only to the factors listed in the tables below. In order to determine the category the court should assess culpability and harm. The court should weigh all the factors set out below in determining the offender’s

culpability. Where there are characteristics present which fall under different levels of culpability, the court should balance these characteristics to reach a fair assessment of the

offender’s culpability. Culpability demonstrated by one or more of the following A – High culpability • Possession of a bladed article whether produced or not • Possession of a highly dangerous weapon whether produced or not • Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual

orientation or transgender identity B – Medium culpability • Weapon (other than a bladed article or a highly dangerous weapon) used to threaten or cause fear C – Lesser culpability • Possession of weapon falls just short of reasonable excuse • All other cases where characteristics for categories A or B are not present Harm The court should consider the factors set out below to determine the level of harm that has been caused or was intended to be caused to the victim. Category 1 • Offence committed at a school or other place where vulnerable people may be present • Offence committed in prison or other premises where there may be a risk of serious disorder • Serious alarm/distress Category 2 • Other cases where characteristics for categories 1 or 3 are not present Category 3 • Minimal risk of weapon being used to threaten or cause harm • No/minimal distress


STEP TWO: Starting point and category rangeBladed Articles and Offensive Weapons – Possession

Having determined the category at step one, the court should use the corresponding starting point to reach a sentence within the category range below. The starting point applies to all offenders irrespective of plea or previous convictions. A case of particular gravity, reflected by multiple features of culpability or harm in step one, could merit upward adjustment from the starting point before further adjustment for aggravating or mitigating features, set out on the next page.

Factors increasing seriousness Statutory aggravating factors: Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction Offence committed whilst on bail

Other aggravating factors: Victim is targeted due to a vulnerability (or a perceived vulnerability) Offender in a group or gang Planning Location of the offence (where not taken into account at step one) Timing of the offence (where not taken into account at step one) Attempts to conceal identity (for example, wearing a balaclava or hood) Offence committed against those working in the public sector or providing a service to the public Steps taken to prevent the victim reporting or obtaining assistance and/or from assisting or supporting the prosecution Commission of offence whilst under the influence of alcohol or drugs Attempts to conceal/dispose of evidence Established evidence of community/wider impact Failure to comply with current court orders Offence committed on licence or post sentence supervision Offences taken into consideration Failure to respond to warnings about behaviour


Factors reducing seriousness or reflecting personal mitigation No previous convictions or no relevant/recent convictions Good character and/or exemplary conduct Serious medical condition requiring urgent, intensive or long-term treatment Age and/or lack of maturity where it affects the responsibility of the offender Mental disorder or learning disability (where not linked to the commission of the offence) No planning Sole or primary carer for dependent relatives Co-operation with the police. Minimum Terms – second or further relevant offence : When sentencing the offences of: • possession of an offensive weapon in a public place; • possession of an article with a blade/point in a public place; • possession of an offensive weapon on school premises; and • possession of an article with blade/point on school premises a court must impose a sentence of at least 6

months’ imprisonment where this is a second or further relevant offence unless the court is of the opinion that there are particular circumstances relating to the offence or the offender which make it unjust to do so in all the circumstances.

A ‘relevant offence’ includes those offences listed above and the following offences: • threatening with an offensive weapon in a public place; • threatening with an article with a blade/point in a public place; • threatening with an article with a blade/point on school premises; and • threatening with an offensive weapon on school premises.


STEP THREE- STEP FOUR- STEP FIVE- STEP SIX -STEP SEVEN 3. Consider any factors which indicate a reduction for assistance to the prosecution .

The court should take into account sections 73 and 74 of the Serious Organised Crime and Police Act 2005 (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator.

4. Reduction for guilty pleas: The court should take account of any reduction for a guilty plea in accordance with section 144 of the Criminal Justice Act 2003 and the Guilty Plea guideline. Where a mandatory minimum sentence has been imposed under section 28 of the Criminal Justice and Courts Act 2015, the court must ensure that any reduction for a guilty plea does not reduce the sentence to less than 80 per cent of the mandatory minimum.

5.Totality principle : If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the Offences Taken into Consideration and Totality guideline.

6.Ancillary orders : In all cases the court should consider whether to make ancillary orders. 7.Consideration for time spent on bail : The court must consider whether to give credit for

time spent on bail in accordance with section 240A of the Criminal Justice Act 2003.


Bladed Articles and Offensive Weapons – Threats https://www.sentencingcouncil.org.uk/wp-content/uploads/Draft-guideline-Bladed-articles-and-offensive-weapons-guideline.pdf

Threatening with an offensive weapon in a public place Prevention of Crime Act 1953 (section 1A) Threatening with an article with blade/point in a public place Criminal Justice Act 1988 (section 139AA(1)) Threatening with an article with blade/point on school

premises Criminal Justice Act 1988 (section 139AA(1)) Threatening with an offensive weapon on school premises Criminal Justice Act 1988 (section 139A(1)) Triable either way Maximum: 4 years’ custody Offence range: 6 months – 3 years’ custody

https://www.sentencingcouncil.org.uk/wp-content/uploads/Draft-guideline-Bladed-articles-and-offensive-weapons-guideline.pdf


STEP ONE :Determining the offence category This guideline applies only to offenders aged 18 and older The court should determine the offence category with reference only to the factors listed in the tables below. In order to determine the category

the court should assess culpability and harm. The court should weigh all the factors set out below in determining the offender’s culpability. Where there are characteristics present which fall under different levels of culpability, the court should balance these characteristics to reach a

fair assessment of the offender’s culpability. Culpability demonstrated by one or more of the following A – Higher culpability • Offence committed using a bladed article • Offence committed using a highly dangerous weapon • Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim:

religion, race, disability, sexual orientation or transgender identity • Significant degree of planning or premeditation B – Lower culpability • All other cases Harm :The court should consider the factors set out below to determine the level of harm that has been caused or was intended to be caused to

the victim. Category 1 • Prolonged incident • Serious alarm/distress • Offence committed at a school or other place where vulnerable people may be present • Offence committed in prison or other premises where there may be a risk of serious disorder Category 2 • Other cases where characteristics for categories 1 or 3 are not present Category 3 • Fleeting incident and no/minimal distress


STEP TWO: Starting point and category range I Having determined the category at step one, the court should use the corresponding starting point to reach a sentence within the

category range below. The starting point applies to all offenders irrespective of plea or previous convictions. A case of particular gravity, reflected by multiple features of culpability or harm in step one, could merit upward adjustment from the starting point before further adjustment for aggravating or mitigating features, set out on the next page.

Factors increasing seriousness: Statutory aggravating factors: Previous convictions, having regard toa) the nature of the offence to which the conviction relates and its relevance to the current

offence; and b) the time that has elapsed since the conviction Offence committed whilst on bail Other aggravating factors: Victim is targeted due to a vulnerability (or a perceived vulnerability) Offender in a group or gang Offender under the influence of alcohol or drugs Location of the offence (where not taken into account at step one) Timing of the offence (where not taken into account at step one) Attempts to conceal identity (for example, wearing a balaclava or hood) Offence committed against those working in the public sector or providing a service to the public Steps taken to prevent the victim reporting or obtaining assistance and/or from assisting or supporting the prosecution Commission of offence whilst under the influence of alcohol or drugs Attempts to conceal/dispose of evidence Established evidence of community/wider impact Failure to comply with current court orders Offence committed on licence or post sentence supervision Offences taken into consideration Failure to respond to warnings about behaviour


STEP TWO: Starting point and category range II Factors reducing seriousness or reflecting personal mitigation No previous convictions or no relevant/recent convictions Good character and/or exemplary conduct Serious medical condition requiring urgent, intensive or long-term treatment Age and/or lack of maturity where it affects the responsibility of the offender Mental disorder or learning disability (where not linked to the commission of the

offence) Little or no planning Sole or primary carer for dependent relatives Co-operation with the police Minimum Terms When sentencing these offences a court must impose a sentence of at least 6

months’ imprisonment unless the court is of the opinion that there are particular circumstances relating to the offence or the offender which make it unjust to do so in all the circumstances.


STEP THREE-STEP FOUR-STEP FIVE-STEP SIX-STEP SEVEN-STEP EIGHT 3.Consider any factors which indicate a reduction for assistance to the prosecution: The court

should take into account sections 73 and 74 of the Serious Organised Crime and Police Act 2005 (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator.

4.Reduction for guilty pleas: The court should take account of any reduction for a guilty plea in accordance with section 144 of the Criminal Justice Act 2003 and the Guilty Plea guideline. Where a mandatory minimum sentence has been imposed under section 28 of the Criminal Justice and Court Act 2015, the court must ensure that any reduction for a guilty plea does not reduce the sentence to less than 80 per cent of the mandatory minimum.

5. Totality principle :If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the Offences Taken into Consideration and Totality guideline.

6. Ancillary orders: In all cases the court should consider whether to make ancillary orders. 7. Reasons Section: 174 of the Criminal Justice Act 2003 imposes a duty to give reasons for, and

explain the effect of, the sentence.. 8.Consideration for time spent on bail :The court must consider whether to give credit for time

spent on bail in accordance with section 240A of the Criminal Justice Act 2003.


Overarching Principles – Sentencing Youths:Sentencing Guidelines Council ( SGC) https://consult.justice.gov.uk/sentencing-council/sentencing-youths/supporting_documents/existingguidelineoverarchingprinciplessentencingyouths.pdf In accordance with section 170(9) of the Criminal Justice Act (CJA) 2003, the Sentencing

Guidelines Council issues this guideline as a definitive guideline. By virtue of section 172 of the CJA 2003, every court must have regard to relevant guidelines.

This guideline applies to the sentencing of offenders on or after 30 November 2009. 1.2 When sentencing an offender aged under 18, a court must(but look Mental Health Act

1983 )have regard to: a) the principal aim of the youth justice system (to prevent offending by children and young persons); -Crime and Disorder Act 1998, s.37(1),and b) the welfare of the offender. Children and Young Persons Act 1933, s.44(1).

In addition to the statutory provisions,Criminal Justice and Immigration Act 2008, s.9 (inserting s.142A into the Criminal Justice Act 2003) has not been brought into force -a court sentencing a young offender must be aware of obligations under a range of international conventions which emphasise the importance of avoiding “criminalisation” of young people whilst ensuring that they are held responsible for their actions and, where possible, take part in repairing the damage that they have caused. This includes recognition of the damage caused to the victims and understanding by the young person that the deed was not acceptable. Within a system that provides for both the acknowledgement of guilt and sanctions which rehabilitate, the intention is to establish responsibility and, at the same time, to promote re-integration rather than to impose retribution.

https://consult.justice.gov.uk/sentencing-council/sentencing-youths/supporting_documents/existingguidelineoverarchingprinciplessentencingyouths.pdf

https://consult.justice.gov.uk/sentencing-council/sentencing-youths/supporting_documents/existingguidelineoverarchingprinciplessentencingyouths.pdf


Sentencing Guidelines CouncilSentencing principleshttp://www.sentencingcouncil.org.uk/wp-content/uploads/web_overarching_principles_sentencing_youths.pdf

The approach to sentence will be individualistic Particular care will need to be taken where a young person has committed a relatively less

serious offence but there is a high risk of re-offending. When determining sentence, the court will: (1) Assess the culpability of the offender and the

harm caused (or intended or foreseeable) taking into account aggravating and mitigating factors relating to the offence. Of the four levels of culpability for sentencing purposes, intention is the highest followed by recklessness, knowledge and negligence. (2) Consider any mitigating factors that apply to the offender and any reduction for a guilty plea. (3) Having taken account of all these factors, a court must then determine sentence including any relevant ancillary orders.

In determining the sentence, the key elements are: • the age of the offender (chronological and emotional), • the seriousness of the offence, • the likelihood of further offences being committed, and • the extent of harm likely to result from those further offences. Proper regard should be had to the mental health and capability of the young person, and to any

learning disability, learning difficulty, speech and language difficulty or other disorder, any of which is likely to affect the likelihood of those purposes being achieved.

http://www.sentencingcouncil.org.uk/wp-content/uploads/web_overarching_principles_sentencing_youths.pdf


Enforcing the responsibilities of parents and guardians 7. Enforcing the responsibilities of parents and guardians 7.1 A significant difference arising from the procedures for dealing with young people who

commit criminal offences is the importance attached to the presence of a parent, carer or appropriate adult at key stages, especially when sentence is imposed. In addition, specific provisions exist to enable a court to reinforce the responsibilities of a parent or guardian.

The statutory framework clearly envisages the attendance of an adult with a degree of responsibility for the young person; this obligation reflects the principal aim of reducing offending, recognising that that is unlikely to be achieved by the young person alone.

A court must be aware of a risk that a young person will seek to avoid this requirement either by urging the court to proceed in the absence of an adult or in arranging for a person to come to court who purports to have (but in reality does not have) the necessary degree of responsibility.

When considering whether to impose a parenting order, the court should give careful consideration to the strength of the familial relationships and to any diversity issues that might impact on the achievement of the purposes of the order. Such factors and issues arising may be documented in a pre-sentence report.


SENTENCES: Referral orders Where an offender is being sentenced in a youth court or a magistrates’ court, a referral order is a mandatory

sentence in many circumstances in which a young person is to be sentenced for the first time and is discretionary in a wider range of situations. In particular, it is possible to make an order on a second conviction where a referral order was not made following the first conviction.

8.2 When an order is made, the court determines the length of the order (between 3 months and 12 months) but the action taken during that order is decided by a Youth Offender Panel consisting of members of the community supported by a member of a Youth Offending Team. Any victim of the offence may be invited to attend the meeting of the Panel at which the terms are agreed.

8.3 When determining the length of an order, although the needs of the offender are a factor, the primary consideration in most circumstances is the relative seriousness of the offence. Given the mandatory nature of the order in many circumstances, it is less likely that the needs of the offender will be considered in a pre-sentence report. This consideration is more likely to take place once the order has been made and in preparation for the Panel meeting since, within the period of the order, the Youth Offender Panel will agree what needs to be undertaken by the young person both in the light of the nature of the offence and of the young person’s needs.

8.4 A court should be prepared to use the whole range of periods allowed; in general, orders of 10–12 months should be made only for the more serious offences. 8.5

Typically, the length of an order should be between 3–5 months for offences where the court assesses seriousness to be relatively low, between 5–7 months for an offence of medium level seriousness and between 7–9 months for an offence where the court considers seriousness to be relatively high.

In determining which level applies, a court may find assistance in Section 2 of the Youth Court Bench Book issued by the Judicial Studies Board which provides indications of the level of seriousness of an average offence of the types described.


Financial orders 9.1 A court may impose a fine for any offence. In accordance with statutory

requirements, where financial orders are being considered, priority must be given to compensation orders and, where an order for costs is to be made alongside a fine, the amount of the costs must not exceed the amount of the fine.

9.2 In practice, many young people who offend have few financial resources. Where a young person is in receipt of the Education Maintenance Allowance or a similar provision which is related to the means of the offender or those with whom the offender lives, a court will need to consider the extent to which making a deduction from the allowance would prejudice the access of the young person to education or training.

9.3 As a general rule, it will rarely be appropriate to take the allowance into account as a resource from which a financial penalty may be paid, especially where the recipient is a young person who is living independently or as part of a household primarily dependent on state benefit.


Youth Rehabilitation Orders 10.1: The Criminal Justice and Immigration Act 2008 provides for a single community sentence (the youth

rehabilitation order) within which a court may include one or more requirements variously designed to provide for punishment, for protection of the public, for reducing reoffending and for reparation.

10.2 :A youth rehabilitation order with intensive supervision and surveillance or with fostering is also provided but may be imposed only where a custodial sentence otherwise would have been appropriate.

The offence must be “serious enough” The guiding principles are proportionality and suitability In contrast to the provisions relating to adult offenders, a court may impose a youth rehabilitation order (other

than one with intensive supervision and surveillance or fostering) for an offence that is not imprisonable. In contrast to the provisions relating to adult offenders, a court may impose a youth rehabilitation order

(other than one with intensive supervision and surveillance or fostering) for an offence that is not imprisonable.

(ii) Effect of a guilty plea 10.7 Where a court is considering sentence for an offence for which a custodial sentence is justified, a guilty

plea may be one of the factors that persuades a court that it can properly impose a youth rehabilitation order instead and no further adjustment to the sentence needs to be made to fulfil the obligation to give credit for that plea.

10.8: Where the provisional sentence is already a youth rehabilitation order, the necessary reduction for a guilty plea should apply to those requirements within the order that are primarily punitive rather than to those which are primarily rehabilitative.


Criminal Justice Act 2003Section 128: Confessionshttp://www.legislation.gov.uk/ukpga/2003/44/contents (1)In the Police and Criminal Evidence Act 1984 (c. 60) the following section is inserted after section 76— “76AConfessions may be given in evidence for co-accused (1)In any proceedings a confession made by an accused person may be given in evidence for another person charged in the same proceedings (a co-accused)

in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section. (2)If, in any proceedings where a co-accused proposes to give in evidence a confession made by an accused person, it is represented to the court that the

confession was or may have been obtained— (a)by oppression of the person who made it; or (b)in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be

made by him in consequence thereof, the court shall not allow the confession to be given in evidence for the co-accused except in so far as it is proved to the court on the balance of probabilities

that the confession (notwithstanding that it may be true) was not so obtained. (3)Before allowing a confession made by an accused person to be given in evidence for a co-accused in any proceedings, the court may of its own motion

require the fact that the confession was not obtained as mentioned in subsection (2) above to be proved in the proceedings on the balance of probabilities. (4)The fact that a confession is wholly or partly excluded in pursuance of this section shall not affect the admissibility in evidence— (a)of any facts discovered as a result of the confession; or (b)where the confession is relevant as showing that the accused speaks, writes or expresses himself in a particular way, of so much of the confession as is

necessary to show that he does so. (5)Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible unless

evidence of how it was discovered is given by him or on his behalf. (6)Subsection (5) above applies— (a)to any fact discovered as a result of a confession which is wholly excluded in pursuance of this section; and (b)to any fact discovered as a result of a confession which is partly so excluded, if the fact is discovered as a result of the excluded part of the confession. (7)In this section “oppression” includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to

torture).” (2)Subject to subsection (1), nothing in this Chapter makes a confession by a defendant admissible if it would not be admissible under section 76 of the

Police and Criminal Evidence Act 1984 (c. 60). (3)In subsection (2) “confession” has the meaning given by section 82 of that Act



The right of a prisoner to make an application to the High Court is abolished

Section 17: Appeals to High Court (BAIL) (1)In section 22(1) of the Criminal Justice Act 1967 (c. 80) (extension of power of High Court to grant, or vary conditions of, bail)— (a)after “Where” there is inserted “ (a) ”, and (b)after “proceedings,”, in the second place where it occurs, there is inserted “and (b)it does so where an application to the court to state a case for the opinion of the High Court is made,”. (2)The inherent power of the High Court to entertain an application in relation to bail where a magistrates' court— (a)has granted or withheld bail, or (b)has varied the conditions of bail, is abolished. (3)The inherent power of the High Court to entertain an application in relation to bail where the Crown Court has determined— (a)an application under section 3(8) of the 1976 Act, or (b)an application under section 81(1)(a), (b), (c) or (g) of the Supreme Court Act 1981 (c. 54), is abolished. (4)The High Court is to have no power to entertain an application in relation to bail where the Crown Court has determined an

appeal under section 16 of this Act. (5)The High Court is to have no power to entertain an application in relation to bail where the Crown Court has granted or withheld

bail under section 88 or 89 of this Act. (6)Nothing in this section affects— (a)any other power of the High Court to grant or withhold bail or to vary the conditions of bail, or (b)any right of a person to apply for a writ of habeas corpus or any other prerogative remedy. (7)Any reference in this section to an application in relation to bail is to be read as including— (a)an application for bail to be granted, (b)an application for bail to be withheld, (c)an application for the conditions of bail to be varied. (8)Any reference in this section to the withholding of bail is to be read as including a reference to the revocation of bail.


Criminal Justice Act 1967 Section 22: Extension of power of High Court to grant, or vary conditions of, bail :abolished? http://www.legislation.gov.uk/ukpga/1967/80/pdfs/ukpga_19670080_en.pdf

Section 22.-(1) Where in connection with any criminal proceedings Extension of an inferior court has power to admit any person to bail, but power of High either refuses to do so, or does so or offers to do so on terms Court to unacceptable to him, the High Court may admit him or direct conditions of, his admission to bail or, where he has been admitted to bail, bail. may vary any conditions on which he was so admitted or reduce the amount in which he or any surety is bound or discharge any of the sureties.

(2) The conditions as to the time and place of appearance of a person admitted to bail under this section which are to be included in a recognizance entered into by him shall be such conditions as the inferior court had power to impose.

(3) Subsections (3), (4) and (6) of section 37 of the Criminal 1948 c. 58 Justice Act 1948 (ancillary provisions as to persons admitted to bail by the High Court under that section and the currency of sentence in the case of persons so admitted) shall apply in relation to the powers conferred by this section and persons admitted to bail in pursuance of those powers as it applies in relation to the powers conferred by that section and persons admitted to bail in pursuance of those powers, except that the said subsection (6) shall not apply in relation to a person admitted to bail pending an appeal from a magistrates' court to a court of quarter sessions.

(4) In this section " inferior court " means a court of quarter sessions, a magistrates' court or a coroner. (5) The powers conferred on the High Court by this section shall be in substitution for the powers so

conferred by paragraphs 1948 c. 58. (a), (b) and (c) of section 37(1) of the Criminal Justice Act 1948, but except as aforesaid this section shall not prejudice any powers of the High Court to admit or direct the admission of persons to bail.

http://www.legislation.gov.uk/ukpga/1967/80/pdfs/ukpga_19670080_en.pdf


Christ Crucified (Cristo crucificado) is a 1780 painting of the Crucifixion of Jesus by Francisco de Goya. He presented it to the Real Academia de Bellas Artes de San Fernando as his entry work as an academician. It now forms part of the permanent collection of the Prado Museum.

Crucifixion


Crucifixion (Corpus Hypercubus) is a1954 oil on canvas painting which depicts the Crucifixion of Jesus, though it deviates from traditional portrayals of the Crucifixion by depicting Chrsit on the polyhedron net of a hypercube and adding elements of Surrealism.

By Salvador Dali


Christ of Saint John of the Cross is a painting made in 1951. It depicts Jesus Christ on the cross in a darkened sky floating over a body of water complete with a boat and fishermen.

By Salvador Dali


Christ Crucified is a 1632 painting depicting the Crucifixion of Jesus. The work, painted in oil on canvas and is owned by the Museo del Prado.

By Diego Velazquez


Calvary or Crucifixion (1457–1464) Oil on oak panel, Escorial, Escorial, Madrid:


Images of Christ... A painting by the Italian Baroque master Annibale Garracci, dating to c. 1583-1585 and housed in the Staatgalerie of Stuttgart, Germany

Hand embroidered Epitaphios (Plashchanitsa) lying flat


Michelangelo https://www.gov.uk/government/statistics/prison-population-figures-2016

Prison population figures: 2016 Michelangelo Merisi da Caravaggio Epitaphios painted by by Viktor Vasnetsov,1896 (Russian Museum, St.Petersburg).

https://www.gov.uk/government/statistics/prison-population-figures-2016


Lamentation of Christ An oil-on-panel painting attributed to German Renaissance artist Albrecht Durer, executed around 1498

and currently housed in the Germanisches Nationalmuseum of Nuremberg , Germany Altarpiece of the Lamentation, 1520-1525:Joos van der Beke; c. 1485 – 1540/1541)


Caravaggio created one of his most admired altarpieces, The Entombment of Christ, in 1603–1604 for the second chapel on the right in Santa Maria in Vallicella (the Chiesa Nuova), a Church built for the Oratory of Saint Philip Neri.

The Entombment of Christ Descent from the Cross, 1618: Hermitage Museum by Peter Paul

Rubens

https://en.wikipedia.org/wiki/Peter_Paul_Rubens


The Lamentation over the Dead Christ is a painting by the Italian Renaissance painter Pietro Perugino, executed in 1495 and housed in the Galleria Palatina of Palazzo Pitti, Florence, , Italy.

The Lamentation Petronella Heve and her three daughters,

Church of Our Lady, Bruges


A: The Dead Christ Held by Two Angels is a painting,finished in 1510,by the Italian Renaissance artist Macro Palmezzano B) Lamento (Il Compianto di Cristo) 1304-1306 Scrovegni (Arena) Chapel, Padua, Italy A. B.


The predella. A:Altar B: Altarpiece in Saint Nicholas’s Church, Tallinn


Galileo and Viviani (1892) Tito Lessi


https://youtu.be/5pXxoyk5wOo The French Revolution History :Channel HD:Published on Nov 8, 2015: LIBERTE:ECALITE:FRATERNITE:LIBERTY: EQUALITY: FRATERNITY: “How much violence is necessary in order to achieve a better society? The Declaration of the rights of man: State crimes and the crimes of revolutions .

Guernica is a mural-sized oil painting on canvas by Spanish artist Pablo Picasso completed in June 1937

https://youtu.be/5pXxoyk5wOo

https://youtu.be/5pXxoyk5wOo


Massacre of the Innocents, (1611)

Guido Reni


Rossio Square in a 16th-century map. Estaus Palace is the large building in the upper left corner of the square.The Estaus Palace ( Portuguese : Paço dos Estaus; Palácio dos Estaus) in Rossio Square, in Lisbon ,was the headquarters of the Portuguese Inquisition.

https://youtu.be/r_CbjGM3_Fo “Secret Files of the Inquisition - part 1 - Root Out Heretics”: Published on Jan 30, 2015. The Temple rules are known to all people. Unlawful imprisonments on allegations of violations of state rules of various religious institutions using the torturous interrogative methods of inquisitions. The struggle of ethical people and faithful to God individuals to obtain- seal and prove a Passover. (Albrecht Dürer - Bernard von Reesen )

https://youtu.be/r_CbjGM3_Fo


The Palace of the Inquisition in Lisbon, Portugal Baroque style Inquisition Palace before burning in 1836Joos van Cleve: Self-Portrait

https://youtu.be/aN5R3P0xiqk Secret Files of the Inquisition - part 2 – “Tears of Spain”: Published on Jan 30, 2015: Spain 1478: The unlawful interrogative methods of inquisition during the Middle Ages. Atheistic tortures in the name of the Church. Recognising the state need to accommodate politically different religious groups.

https://youtu.be/aN5R3P0xiqk


Entrance to the Palace of Inqusition at Cartagena “The Palace of Inquisition, also known as the Inquisition Palace, (Spanish: Palacio de la Inquisición) is an

eighteenth-century the seat of the Holy Office of the Inquisition inCartagena, now in modern Colombia. Finished around 1770, it currently serves as a museum showcasing historical artifacts. The museum once displayed torture equipment used on victims during the inquisition however these items have been removed from display in 2015 prior to visits to Colombia by Pope Francis....” Wikipedia


A variety of torture instruments. Many, including the large Iron Maiden of Nuremberg, were never used for torture. https://youtu.be/ln78O0XXQxY Secret Files of the Inquisition : part 3 : War on

Ideas:Published on Jan 30, 2015. The immoral legal procedures of the inquisition, non ethical state Tribunals and imprisonments. Christian divisions – Protestant reformation- Martin Luther’s religious discourse –attempts to eliminate religious :political differences , Ghettos and state murders. (Saint Jerome in His Study, 1528)

https://youtu.be/ln78O0XXQxY


Saint Bartholomew was flayed before being crucified .

Assyrians skinning or flaying their prisoners alive (slow and painful execution in which the skin is removed from the body).

A River Valley with Iron Mining Scenes: Marten van Valckenborch (1535 -1612)


Convent of Christ Castle in Tomar:Portugal

Diego Mateo Lopez Zapata in his cell before his trial by the Inquisition Court of Cuenca.

Diego Mateo Zapata (1664-1745) was a Spanish physician and philosopher. In 1724, he and Juan Munoz y Peralta were both denounced to the Spanish Inquisition as judaisers.


Prison Act 1952 http://www.legislation.gov.uk/ukpga/Geo6and1Eliz2/15-16/52/contents Section: 12: Place of confinement of prisoners. (Confinement and Treatment of Prisoners)

(1)A prisoner, whether sentenced to imprisonment or committed to prison on remand or pending trial or otherwise, may be lawfully confined in any prison.

(2)Prisoners shall be committed to such prisons as the Secretary of State may from time to time direct; and may by direction of the Secretary of State be removed during the term of their imprisonment from the prison in which they are confined to any other prison. ?

(3)A writ, warrant or other legal instrument addressed to the governor of a prison and identifying that prison by its situation or by any other sufficient description shall not be invalidated by reason only that the prison is usually known by a different description.

http://www.legislation.gov.uk/ukpga/Geo6and1Eliz2/15-16/52/contents


Prison Act 1952 http://www.legislation.gov.uk/ukpga/Geo6and1Eliz2/15-16/52/contents Section:10: Appointment of prison ministers. (Prison Officers) (1)Where in any prison the number of prisoners who belong to a religious denomination other than

the Church of England is such as in the opinion of the Secretary of State to require the appointment of a minister of that denomination, the Secretary of State may appoint such a minister to that prison.

(2)The Secretary of State may pay a minister appointed under the preceding subsection such remuneration as he thinks reasonable.

(3)The Secretary of State] may allow a minister of any denomination other than the Church of England to visit prisoners of his denomination in a prison to which no minister of that denomination has been appointed under this section.

(4)No prisoner shall be visited against his will by such a minister as is mentioned in the last preceding subsection; but every prisoner not belonging to the Church of England shall be allowed, in accordance with the arrangements in force in the prison in which he is confined, to attend chapel or to be visited by the chaplain.

(5)The governor of a prison shall on the reception of each prisoner record the religious denomination to which the prisoner declares himself to belong, and shall give to any minister who under this section is appointed to the prison or permitted to visit prisoners therein a list of the prisoners who have declared themselves to belong to his denomination; and the minister shall not be permitted to visit any other prisoners.



Prison Act 1952 http://www.legislation.gov.uk/ukpga/Geo6and1Eliz2/15-16/52/contents Section: 14 Cells. (1)The Secretary of State shall satisfy himself from time to time that in every prison

sufficient accommodation is provided for all prisoners. (2)No cell shall be used for the confinement of a prisoner unless it is certified by an

inspector ( Doctor?) that its size, lighting, heating, ventilation and fittings are adequate for health and that it allows the prisoner to communicate at any time with a prison officer.

(3)A certificate given under this section in respect of any cell may limit the period for which a prisoner may be separately confined in the cell and the number of hours a day during which a prisoner may be employed therein.

(4)The certificate shall identify the cell to which it relates by a number or mark and the cell shall be marked by that number or mark placed in a conspicuous position; and if the number or mark is changed without the consent of an inspector the certificate shall cease to have effect.

(5)An inspector may withdraw a certificate given under this section in respect of any cell if in his opinion the conditions of the cell are no longer as stated in the certificate.

(6)In every prison special cells shall be provided for the temporary confinement of refractory or violent prisoners.


London November 2016

Idalov v. Russia I (no. 5826/03)Grand Chamber hearing - 19 October 2011 violation of Article 3 - 5 § 3 – 6 §§ 1 and 3 (c) and (d) -8

http://www.echr.coe.int/Pages/home.aspx?p=hearings&w=582603_19102011&language=en Court Hearing http://hudoc.echr.coe.int/eng?i=001-110986 STRASBOURG 22/05/2012 The applicant alleged, in particular, that he had been detained in inhuman and degrading conditions in a remand prison and a courthouse; that the

conditions in which he had been transported to and from the courthouse had been appalling; that he had been held in pre-trial detention for an unreasonably long time; that the domestic courts had failed to examine his appeals against detention orders speedily and to ensure his participation in the appeal hearings; that he had been excluded from his own trial; that the criminal proceedings against him had been unreasonably long; and that the administration of the correctional facility where he had been serving a prison sentence had opened his letters from the Court.THE COURT UNANIMOUSLY1. Declares the complaints concerning the conditions of the applicant’s detention and his transport to and from the courthouse, the length of the applicant’s pre-trial detention between 29 October 2002 and 24 November 2003, the length and fairness of the proceedings for the review of the lawfulness of his detention, the applicant’s exclusion from the trial, the length of the criminal proceedings against him and the opening of the Court’s letters of 8 July 2005 and 11 May 2006 admissible and the remainder of the application inadmissible;2. Holds that there has been a violation of Article 3 of the Convention on account of the conditions of the applicant’s detention in remand prison no. IZ-77/2 in Moscow from 29 October 2002 to 20 December 2003; 3. Holds that there has been a violation of Article 3 of the Convention on account of the conditions of the applicant’s detention in the holding cell at the Khamovnicheskiy District Court in Moscow and of the conditions of his transport between the prison and the courthouse;4. Holds that there has been a violation of Article 5 § 3 of the Convention on account of the length of the applicant’s pre-trial detention between 29 October 2002 and 24 November 2003; 5. Holds that there has been a violation of Article 5 § 4 of the Convention on account of the failure to examine speedily the applicant’s appeals against the detention orders of 29 October 2002 and 24 April, 19 June, 13 August and 28 October 2003; 6. Holds that there has been a violation of Article 5 § 4 of the Convention as regards the applicant’s absence from the appeal hearings of 22 January, 16 June, 6 August and 2 October 2003 and 12 February 2004 concerning the lawfulness of his detention; 7. Holds that there has been a violation of Article 6 §§ 1 and 3 (c) and (d) of the Convention as regards the applicant’s exclusion from the trial; 8. Holds that there has been no violation of Article 6 § 1 of the Convention on account of the length of the criminal proceedings against the applicant; 9. Holds that there has been a violation of Article 8 of the Convention on account of the opening of the Court’s letters of 8 July 2005 and 11 May 2006 addressed to the applicant; 10. Holds(a) that the respondent State is to pay the applicant, within three months, the following amounts, to be converted into Russian roubles at the rate applicable at the date of settlement:(i) EUR 7,150 (seven thousand one hundred and fifty euros) in respect of non-pecuniary damage, plus any tax that may be chargeable on this sum;(ii) EUR 2,500 (two thousand five hundred euros) in respect of costs and expenses, plus any tax that may be chargeable on this sum to the applicant;(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;11. Dismisses the remainder of the applicant’s claim for just satisfaction.Done in English and in French, and delivered at a public hearing at the Human Rights Building, Strasbourg, on 22 May 2012.

166

http://www.echr.coe.int/Pages/home.aspx?p=hearings&w=582603_19102011&language=en

http://hudoc.echr.coe.int/eng?i=001-110986

London November 2016

Idalov v. Russia (no. 5826/03) IIPrison Cells and inmates that is completely un -acceptable

Cell no. Period of detention Surface area (in square metres)

Number of inmates Number of beds

14029 /10 to 1 /11/2002

56.4 14 22

50 from 1 to 26 to 11/2002 12.0 3 6

134 26 /11 to 16 /13/2002 13.5 3 5

36 16/12 /2002 to 5/01/2003 12.2 3 6

43 5 to 15-January 2003 8.5 2 4

52 15/01--18 /02/2003 25.4 6 8

159 18 /02/-to 23/04/2003 55.4 13 40

160 from 23 to 25/04/2003 56.9 14 42

159 from 18/02 –23/4//2003 55.4 13 40

298 from 15/08-18 /09/2003 12.9 3 5

141 18 /09/to 1//112003 56.9 14 22

155 from 1 to 13/11/2003 55.4 13 45

141from 13/11/to 20 /122003

56.9 14 22167


The Offender Management Act 2007http://www.cps.gov.uk/legal/l_to_o/offender_management_act_2007/

Other offences relating to prison security (Section 23 OMA 2007) Section 40D of the revised Prison Act creates new offences of without

authorisation: taking a photograph ? or making a sound recording within a prison; transmitting any image or sound electronically from within a

prison for simultaneous reception outside a prison; ? conveying or causing to convey a "restricted document" out of a

prison; ? transmitting or causing to transmit a "restricted document" or part of it

from inside a prison by means of electronic communication. The offence is triable either way.


Offender Management Act 2007http://www.legislation.gov.uk/ukpga/2007/21/pdfs/ukpga_20070021_en.pdf

Section 25 :Removal of requirement to appoint a medical officer etc (1) It is no longer a requirement for there to be a medical officer appointed under section 7(1) of the Prison Act 1952 for each prison (and, accordingly, in section 7(1) the words “and a medical officer” are omitted).

Section 26: Independent monitoring boards (1) The boards appointed under section 6 of the Prison Act 1952 (boards of visitors) are renamed as independent monitoring boards.

PART 3 PROVISIONS RELATING TO PART 3 Imprisonment of offenders aged 18 or over but under 21....Remand centres 7 :If section 59 of the Criminal Justice and Court Services Act 2000 (abolition of remand centres) has not come into force (or fully into force) before the coming into force of paragraph 18(2) of Schedule 3, that paragraph has effect until section 59 of the Criminal Justice and Court Services Act 2000 comes into force (or comes fully into force) as if after “prison” (in the second place it occurs) there were inserted “, remand centre”.

http://www.legislation.gov.uk/ukpga/2007/21/pdfs/ukpga_20070021_en.pdf


Criminal Justice and Court Services Act 2000 http://www.legislation.gov.uk/ukpga/2000/43 Young offenders: reprimands and warnings Section: 56 Reprimands and warnings. (1)In section 65 of the Crime and Disorder Act 1998 (reprimands and warnings)— (a)

for subsection (5)(a) there is substituted— “(a)where the offender is under the age of 17, give any reprimand or warning in the

presence of an appropriate adult; ...[5)The constable shall— [(a)where the offender is under the age of 17, give any reprimand or warning in the

presence of an appropriate adult; and] (b)explain to the offender and, where he is under that age, the appropriate adult in

ordinary language— (i)in the case of a reprimand, the effect of subsection (5)(a) of section 66 below; (ii)in the case of a warning, the effect of subsections (1), (2), (4) and (5)(b) and (c) of

that section, and any guidance issued under subsection (3) of that section... Crime and Disorder Act 1998 ] http://www.legislation.gov.uk/ukpga/1998/37/section/65




Inquisition torture chamber. Mémoires Historiques (1716) The Blind Leading the Blind 1568 Pieter Bruegel the Elder https://youtu.be/ZaEXn_xY7_w The Spanish Inquisition History Channel

Documentary : Published on May 14, 2013:Christ suffering would not allow the suffering of other human beings at any level. Using anonymous informants for suspects is not a safe method of arresting criminals. Torture is completely unacceptable as a method of finding any truth at any level.

https://youtu.be/ZaEXn_xY7_w


Izaguirre's Torture of Cuauhtémoc (1892)"one who has descended like an eagle" Leandro Izaguirre (February 13, 1867 in Mexico City – February 26, 1941 in

Mexico City) was a Mexican painter, illustrator and teacher. The realist painting depicts the last Aztec emperor Cuauhtemoc .


Detail from The Inquisition Tribunal (Auto de fe de la Inquisición) by Francisco Goya, painted between 1812 and 1819. The Blind Leading the Blind 1568 Pieter Bruegel the Elder The painting depicts an auto-da fe (Spanish, "act of faith") by a tribunal of the Spanish

Inquisition, being held inside a Church. The four accused people are wearing tall, pointed coroza (a three-foot tall pointed dunce cap) on their heads and clad in sambenitos describing their offences. Ringed around the accused are the clerics and Inquisitors and farther back a sea of invited guests fill the church interior, witnessing the tribunal.


The Conversion on the Way to Damascus Caravaggio “Acts of faith"?

An auto-da-fé or auto-de-fé (from Portuguese auto da fé, meaning "act of

faith") was the ritual of public penance of condemned heretics and apostates that took place when the

Spanish Inquisition, Portuguese Inquisition Portuguese Inquisition or the Mexican Inquisition had decided

their punishment, followed by the execution by the civil authorities of the

sentences imposed.


A: Jacques de Molay Elderly Grand Master : King Philip IV ordered de Molay and scores of other French Templars to be arrested. The arrest warrant started with the phrase:"Dieu n'est pas content, nous avons des ennemis de la foi dans le Royaume" : "God is not pleased.We have enemies of the faith in the kingdom“. The Templars were charged with numerous offences such as financial corruption, fraud, and secrecy. Many of the accused confessed to these charges under torture?

“God knows who is wrong and has sinned. Soon a calamity will occur to those who have condemned us to death“De Molay reportedly remained defiant to the end, asking to be tied in such a way that he could face the Notre Dame Cathedral. Paris 18 March 1314 B: "Spanish Gaiter" - for crushing victims' legs.


Notre-Dame de Paris

A:The Knights Templar burned B: Palace of the Inquisition: Cartagena, Colombia


An artist's depiction of a Torture chamber of the Inquisition, ca. 1809 Moore's Martyrology B:A winter landscape with a village, skaters on a frozen river, and hunters in the

foreground: Jacob Grimmer (1526/26 – before May 1590)


Brawl between soldiers and peasants The Massacre of the Innocents Marten van Cleve 1527 - 1581


https://youtu.be/KE_g8SwYNt4 Inquisition: Published on Oct 1, 2014 https://youtu.be/QazumbIpR-w Published on Oct 12, 2014 Cathars of southern France ---Inquisition s- Inquisition s--Inquisition s?

Raffaellino del Garbo (Saint Nicholas) Vivaldo da San Gimignano

https://youtu.be/KE_g8SwYNt4

https://youtu.be/QazumbIpR-w


https://youtu.be/jWhnrX0IpTI Published on May 2, 2015 Inquisition s https://youtu.be/jw8Imz3IiFo Joan of Arc Published on Jul 27, 2015https://youtu.be/PQI_jKzqK3g THE LIFE OF JOAN OF ARC – BBC DOCUMENTARY -History Discovery Biography

Monk Reading Book, 1850-1855 Parable of the Good Samaritan Domenico Fetti

https://youtu.be/jWhnrX0IpTI

https://youtu.be/jw8Imz3IiFo

https://youtu.be/PQI_jKzqK3g


Philosopher in Meditation (or Interior with Tobit and Anna) By Rembrandt John the Apostle on Patmos: Jacopo Vignali 1592 –1664 Italian painter


The "Gautier proposal" http://www.apt.ch/en/the-gautier-proposal/

In October 1976 the weekly journal La Vie Protestante in Geneva published an article by Jean-Jacques Gautier called “A new weapon against torture”.

The article outlined in detail a proposal of an international convention to establish a system of un-announced visits to places of detention. Gautier’s idea was to prevent, rather than react to, violations on the premise of dialogue, rather than confrontation, with States.

The journal also published responses on the “Gautier proposal“ by 18 prominent political and academic personalities. Many fully supported such a convention, encouraging Gautier and Switzerland to move forward with the idea. Others considered the idea “unrealistic”, “utopian” and “too optimistic”.

In the following months, the ICRC sent a letter of support and Gautier continued to publish articles and organize conferences to raise awareness of his initiative. In St-Gallen, Switzerland, an informal group was formed on the initiative of Ms. Martita Jöhr-Rohr to advance the “Gautier proposal”. Other individuals and organisations encouraged and supported the idea, including the ICRC, International Commission of Jurists, Amnesty International and the ACAT.

In 1977 Jean-Jacques Gautier founded the Swiss Committee against Torture (Comité Suisse contre la torture), which would later become the APT, as a platform to promote the prevention of torture.

http://www.apt.ch/en/the-gautier-proposal/


‘A Continent United against Torture’ http://www.apt.ch/content/files_res/apt-nanhri-project_press-briefing.pdf The Network of African National Human Rights Institutions (NANHRI) and the

Swissbased Association for the Prevention of Torture (APT) are working together to increase the torture prevention capacity of National Human Rights Institutions in Africa.

The three-year project ‘A Continent United against Torture’ was launched in Morocco in 2011.

The project involved a series of activities, on issues identified as important by the participating institutions. Each activity has included an online learning component and a face-to-face workshop. The project included training activities and workshops on:

Detention monitoring (Uganda November 2013 and Togo May 2014) Investigating allegations of torture (South Africa April 2013) Training of public officials (Cameroon November 2014) Reducing the overuse of pre-trial detention (Rwanda, May 2015) Each activity had been an opportunity for African NHRIs to build networks and share

experiences on how they can better integrate torture prevention into their work. The project has attempted to reinforce institutions as a whole by encouraging

participants to share the knowledge they have gained in their countries.

http://www.apt.ch/content/files_res/apt-nanhri-project_press-briefing.pdf


The Torture Prevention Treaty (OPCAT) in Africa The Optional Protocol to the UN Convention against Torture (OPCAT) was a unique

international human rights treaty. It aimed to prevent torture and other forms of illtreatment, by establishing a system of

regular visits to prisons, police stations and other places of deprivation of liberty. These monitoring visits are done by:

An international expert body, the UN Subcommittee for the Prevention of Torture (SPT). The SPT has visited the following African States: Benin, Gabon, Liberia, Mali, Mauritius,

Nigeria, Senegal and Togo. National Preventive Mechanisms (NPMs), which States are required to set up at the national

level. The NPMs must be independent, but work in close cooperation with national authorities. NPMs

must have access to all places of deprivation of liberty, and the power to conduct private interviews with detainees.

http://www.apt.ch/content/files_res/opcat-in-africa_press-briefing.pdf By October 2015, 18 States have ratified the OPCAT in Africa: Benin, Burkina Faso,

Burundi, Democratic Republic of Congo, Gabon, Liberia, Mali, Mauritania, Mauritius, Morocco, Mozambique, Niger, Nigeria, Rwanda, Senegal, South Sudan, Togo and Tunisia.

http://www.apt.ch/content/files_res/opcat-in-africa_press-briefing.pdf


REPORT Regional Workshop on Preserving Human Dignity by Preventing Torture and Ill-Treatment in ASEAN 10 to 11 August 2015 Nusa Dua, Bali, Indonesia

The workshop was attended by several AICHR Representatives, representatives from AMS’ government agencies relevant to torture prevention, ASEAN Sectorial Bodies, the Committee on the Prevention of Torture in Africa (CPTA), representatives of National Human Rights Institution (NHRI) of AMS, representatives of civil society organizations (CSOs), representatives of the UN and/or UN agencies, the APT, and the CTI.

The expert invited to share torture prevention experiences from the African region was Mr. Lawrence Mute, Chairperson of the Committee for the Prevention of Torture in Africa and Commissioner of the Kenya Commission on Human Rights. APT was represented by board member Jeehan Mahmood (Maldives) who delivered opening remarks and participated as a panellist in session 2 on torture prevention in practice.

Furthermore, APT’s Asia Program Officer, Shazeera Ahmad Zawawi, provided an overview of “the preventive approach” in reducing risks of torture and ill-treatment during session 1; and acted as rapporteur during sessions 3 and 5.

The CTI was represented by representatives from the Permanent Mission of Indonesia to the UN, WTO and Other International Organisations in Geneva, namely H.E. Ambassador Triyono Wibowo and First Secretary Caka Awal, as well as Project Officer Signe Lind from the CTI Secretariat. H.E. Amb. Wibowo delivered opening remarks and participated as a panellist in session 4 on “fostering cooperation to prevent torture and ill-treatment at a global and inter-State level”. Caka Awal acted as rapporteur during sessions 3 and 5.http://www.apt.ch/content/files_res/regional-ws-on-torture-prevention-bali-10-11-aug-2015-final.pdf

http://www.apt.ch/content/files_res/regional-ws-on-torture-prevention-bali-10-11-aug-2015-final.pdf


Interrogations in Jail Alessandro Magnasco: Images: Italian, 1667-1749

by Alessandro Magnasco, c. 1710 (February 4, 1667 – March 12, 1749), also known as il Lissandrino Christ and the Samaritan Woman


Auto-da-fé,Plaza Mayor in LimaB: Saint Dominic presiding over an auto-da-fé, by Pedro Berruguete(around 1495)[

Viceroyalty of Peru, 17th century B.

https://en.wikipedia.org/wiki/Auto-da-f%C3%A9


United Irishmen by government troops in 1798

Half-hanging of suspect Annunciation, 1584:Gillis Coignet, Congnet or Quiniet (c. 1542 – 1599)


POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE) CODE C REVISED CODE OF PRACTICE FOR THE DETENTION, TREATMENT AND QUESTIONING OF PERSONS BY POLICE OFFICERS https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/117589/pace-code-c-2012.pdf

1.1 All persons in custody must be dealt with expeditiously, and released as soon as the need for detention no longer applies. ... 1.1A The custody record shall show when a delay has occurred and the reason. [1H Paragraph 1.1A is intended to cover delays which may occur in processing detainees e.g. if: • a large number of suspects are brought into the station simultaneously to be placed in custody; • interview rooms are all being used; • there are difficulties contacting an appropriate adult, solicitor or interpreter. ] ?

1.4 If an officer has any suspicion, or is told in good faith, that a person of any age may be mentally disordered or otherwise mentally vulnerable, in the absence of clear evidence to dispel that suspicion, the person shall be treated as such for the purposes of this Code. [1G ‘Mentally vulnerable’ applies to any detainee who, because of their mental state or capacity, may not understand the significance of what is said, of questions or of their replies. ‘Mental disorder’ is defined in the Mental Health Act 1983, section 1(2) as ‘any disorder or disability of mind’. When the custody officer has any doubt about the mental state or capacity of a detainee, that detainee should be treated as mentally vulnerable and an appropriate adult called. ] ?

1E A detainee should always be given an opportunity, when an appropriate adult is called to the police station, to consult privately with a solicitor in the appropriate adult’s absence if they want. An appropriate adult is not subject to legal privilege. ?

1F A solicitor or independent custody visitor (formerly a lay visitor) present at the police station in that capacity may not be the appropriate adult. ?( How would the legal profession of the appropriate adult harm or jeopardize the rights of the defendant?)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/117589/pace-code-c-2012.pdf


POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE) CODE C REVISED CODE OF PRACTICE FOR THE DETENTION, TREATMENT AND QUESTIONING OF PERSONS BY POLICE OFFICERS https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/117589/pace-code-c-2012.pdf

1I The custody officer must remind the appropriate adult and detainee about the right to legal advice and record any reasons for waiving it in accordance with section 6.?

ANNEX B - DELAY IN NOTIFYING ARREST OR ALLOWING ACCESS TO LEGAL ADVICE ? A Persons detained under PACE 1. The exercise of the rights in Section 5 or Section 6, or both, may be delayed if the person is in police detention, as in PACE, section 118(2), in connection with an indictable offence, has not yet been charged with an offence and an officer of superintendent rank or above, or inspector rank or above only for the rights in Section 5, has reasonable grounds for believing their exercise will: (i) lead to: • interference with, or harm to, evidence connected with an indictable offence; or • interference with, or physical harm to, other people; or (ii) lead to alerting other people suspected of having committed an indictable offence but not yet arrested for it; or (iii) hinder the recovery of property obtained in consequence of the commission of such an offence. 2. These rights may also be delayed if the officer has reasonable grounds to believe that: (i) the person detained for an indictable offence has benefited from their criminal conduct (decided in accordance with Part 2 of the Proceeds of Crime Act 2002); and (ii) the recovery of the value of the property constituting that benefit will be hindered by the exercise of either right. 3. Authority to delay a detainee’s right to consult privately with a solicitor may be given only if the authorising officer has reasonable grounds to believe the solicitor the detainee wants to consult will, inadvertently or otherwise, pass on a message from the detainee or act in some other way which will have any of the consequences specified under paragraphs 1 or 2.? In these circumstances the detainee must be allowed to choose another solicitor. See Note B3. 4. If the detainee wishes to see a solicitor, access to that solicitor may not be delayed on the grounds they might advise the detainee not to answer questions or the solicitor was initially asked to attend the police station by someone else. In the latter case the detainee must be told the solicitor has come to the police station at another person's request, and must be asked to sign the custody record to signify whether they want to see the solicitor. 5. The fact the grounds for delaying notification of arrest may be satisfied does not automatically mean the grounds for delaying access to legal advice will also be satisfied. 6. These rights may be delayed only for as long as grounds exist and in no case beyond 36 hours after the relevant time as in PACE, section 41. If the grounds cease to apply within this time, the detainee must, as soon as practicable, be asked if they want to exercise either right, the custody record must be noted accordingly, and action taken in accordance with the relevant section of the Code. 7. A detained person must be permitted to consult a solicitor for a reasonable time before any court hearing.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/117589/pace-code-c-2012.pdf


Criminal Justice and Public Order Act 1994Inferences from accused’s silence ? Section 34: Effect of accused’s failure to mention facts when questioned or charged. (1)Where, in any proceedings against a person for an offence, evidence is given that the accused— (a)at any time before he was charged with the offence, on being questioned under caution by a constable trying to discover whether or by whom the

offence had been committed, failed to mention any fact relied on in his defence in those proceedings; or (b)on being charged with the offence or officially informed that he might be prosecuted for it, failed to mention any such fact, being a fact which in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned,

charged or informed, as the case may be, subsection (2) below applies. (2)Where this subsection applies— (a)a magistrates’ court inquiring into the offence as examining justices;] (b)a judge, in deciding whether to grant an application made by the accused underparagraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ] (c)the court, in determining whether there is a case to answer; and (d)the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure as appear proper. ? (2A)Where the accused was at an authorised place of detention at the time of the failure, subsections (1) and (2) above do not apply if he had not

been allowed an opportunity to consult a solicitor prior to being questioned, charged or informed as mentioned in subsection (1) above. ] (3)Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the

fact which the accused is alleged to have failed to mention. (4)This section applies in relation to questioning by persons (other than constables) charged with the duty of investigating offences or charging

offenders as it applies in relation to questioning by constables; and in subsection (1) above “officially informed” means informed by a constable or any such person.

(5)This section does not— (a)prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the

conduct in respect of which he is charged, in so far as evidence thereof would be admissible apart from this section; or (b)preclude the drawing of any inference from any such silence or other reaction of the accused which could properly be drawn apart from this

section. (6)This section does not apply in relation to a failure to mention a fact if the failure occurred before the commencement of this section.


Criminal Justice and Public Order Act 1994 Inferences from accused’s silence? Section 35: Effect of accused’s silence at trial. (1)At the trial of any person . . . for an offence, subsections (2) and (3) below apply unless- (a)the accused’s guilt is not in issue; or (b)it appears to the court that the physical or mental condition of the accused makes it undesirable for him to give evidence; but subsection (2) below does not apply if, at the conclusion of the evidence for the prosecution, his legal representative informs the court that

the accused will give evidence or, where he is unrepresented, the court ascertains from him that he will give evidence. (2)Where this subsection applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of

proceedings on indictment [with a jury] , in the presence of the jury) that the accused is aware that the stage has been reached at which evidence can be given for the defence and that he can, if he wishes, give evidence and that, if he chooses not to give evidence, or having been sworn, without good cause refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from his failure to give evidence or his refusal, without good cause, to answer any question.

(3)Where this subsection applies, the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences as appear proper from the failure of the accused to give evidence or his refusal, without good cause, to answer any question?

(4)This section does not render the accused compellable to give evidence on his own behalf, and he shall accordingly not be guilty of contempt of court by reason of a failure to do so.

(5)For the purposes of this section a person who, having been sworn, refuses to answer any question shall be taken to do so without good cause unless— ?

(a)he is entitled to refuse to answer the question by virtue of any enactment, whenever passed or made, or on the ground of privilege; or (b)the court in the exercise of its general discretion excuses him from answering it. (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................................................................................................................................... (7)This section applies— (a)in relation to proceedings on indictment for an offence, only if the person charged with the offence is arraigned on or after the

commencement of this section; (b)in relation to proceedings in a magistrates’ court, only if the time when the court begins to receive evidence in the proceedings falls after

the commencement of this section.


Criminal Justice and Public Order Act 1994 Inferences from accused’s silence? Section: 36 : Effect of accused’s failure or refusal to account for objects, substances or

marks. (1)Where— (a)a person is arrested by a constable, and there is— (i)on his person; or (ii)in or on his clothing or footwear; or (iii)otherwise in his possession; or (iv)in any place in which he is at the time of his arrest, any object, substance or mark, or there is any mark on any such object; and (b)that or another constable investigating the case reasonably believes that the presence of the object, substance or mark may be attributable to the participation of the person arrested

in the commission of an offence specified by the constable; and (c)the constable informs the person arrested that he so believes, and requests him to account for the presence of the object, substance or mark; and (d)the person fails or refuses to do so, then if, in any proceedings against the person for the offence so specified, evidence of those matters is given, subsection (2) below applies. (2)Where this subsection applies— [(a)a magistrates’ court inquiring into the offence as examining justices;] (b)a judge, in deciding whether to grant an application made by the accused under[ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998] (c)the court, in determining whether there is a case to answer; and (d)the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure or refusal as appear proper. ? (3)Subsections (1) and (2) above apply to the condition of clothing or footwear as they apply to a substance or mark thereon. (4)Subsections (1) and (2) above do not apply unless the accused was told in ordinary language by the constable when making the request mentioned in subsection (1)(c) above what

the effect of this section would be if he failed or refused to comply with the request. [(4A)Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) above do not apply if he had not been allowed an

opportunity to consult a solicitor prior to the request being made.] (5)This section applies in relation to officers of customs and excise as it applies in relation to constables. (6)This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for the presence of an object, substance or mark or from the condition

of clothing or footwear which could properly be drawn apart from this section. (7)This section does not apply in relation to a failure or refusal which occurred before the commencement of this section. (8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Criminal Justice and Public Order Act 1994 Inferences from accused’s silence? Section: 37 Effect of accused’s failure or refusal to account for presence at a particular place. (1)Where— (a)a person arrested by a constable was found by him at a place at or about the time the offence for which he was arrested is alleged to have

been committed; and (b)that or another constable investigating the offence reasonably believes that the presence of the person at that place and at that time may

be attributable to his participation in the commission of the offence; and (c)the constable informs the person that he so believes, and requests him to account for that presence; and (d)the person fails or refuses to do so, then if, in any proceedings against the person for the offence, evidence of those matters is given, subsection (2) below applies. (2)Where this subsection applies— [(a)a magistrates’ court inquiring into the offence as examining justices;] (b)a judge, in deciding whether to grant an application made by the accused under[ paragraph 2 of Schedule 3 to the Crime and Disorder

Act 1998] (c)the court, in determining whether there is a case to answer; and (d)the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure or refusal as appear proper. ? (3)Subsections (1) and (2) do not apply unless the accused was told in ordinary language by the constable when making the request

mentioned in subsection (1)(c) above what the effect of this section would be if he failed or refused to comply with the request. [(3A)Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) do not apply if

he had not been allowed an opportunity to consult a solicitor prior to the request being made.] (4)This section applies in relation to officers of customs and excise as it applies in relation to constables. (5)This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for his presence at a place

which could properly be drawn apart from this section. (6)This section does not apply in relation to a failure or refusal which occurred before the commencement of this section. (7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


Criminal Justice and Public Order Act 1994 Inferences from accused’s silence? Section 38: Interpretation and savings for sections 34, 35, 36 and 37. (1)In sections 34, 35, 36 and 37 of this Act— “legal representative” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal

Services Act 1990; and “place” includes any building or part of a building, any vehicle, vessel, aircraft or hovercraft and any other place whatsoever. (2)In sections 34(2), 35(3), 36(2) and 37(2), references to an offence charged include references to any other offence of which the

accused could lawfully be convicted on that charge. [(2A)In each of sections 34(2A), 36(4A) and 37(3A) “authorised place of detention” means— (a)a police station; or (b)any other place prescribed for the purposes of that provision by order made by the Secretary of State; and the power to make an order under this subsection shall be exercisable by statutory instrument which shall be subject to annulment

in pursuance of a resolution of either House of Parliament.] (3)A person shall not have the proceedings against him transferred to the Crown Court for trial, have a case to answer or be convicted

of an offence solely ...on an inference drawn from such a failure or refusal as is mentioned in section 34(2), 35(3), 36(2) or 37(2). (4)A judge shall not refuse to grant such an application as is mentioned in section 34(2)(b), 36(2)(b) and 37(2)(b) solely on an

inference drawn from such a failure as is mentioned in section 34(2), 36(2) or 37(2). (5)Nothing in sections 34, 35, 36 or 37 prejudices the operation of a provision of any enactment which provides (in whatever words)

that any answer or evidence given by a person in specified circumstances shall not be admissible in evidence against him or some other person in any proceedings or class of proceedings (however described, and whether civil or criminal).

In this subsection, the reference to giving evidence is a reference to giving evidence in any manner, whether by furnishing information, making discovery, producing documents or otherwise.

(6)Nothing in sections 34, 35, 36 or 37 prejudices any power of a court, in any proceedings, to exclude evidence (whether by preventing questions being put or otherwise) at its discretion.


Criminal Justice and Public Order Act 1994 Inferences from accused’s silence? Section39: Power to apply sections 34 to 38 to armed forces. (1)The Secretary of State may by order direct that any provision of sections 34 to 38 of this Act shall

apply, subject to such modifications as he may specify, to any proceedings to which this section applies.

(2)This section applies— ? (a)to proceedings whereby a charge is dealt with summarily under Part II of the Army Act 1955; (b)to proceedings whereby a charge is dealt with summarily under Part II of the Air Force Act 1955; (c)to proceedings whereby a charge is summarily tried under Part II of the Naval Discipline Act 1957; (d)to proceedings before a court martial constituted under the Army Act 1955; (e)to proceedings before a court martial constituted under the Air Force Act 1955; (f)to proceedings before a court martial constituted under the Naval Discipline Act 1957; (g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h)to proceedings before the Courts-Martial Appeal Court; (i)to proceedings before a Standing Civilian Court; and it applies wherever the proceedings take place. (3)An order under this section shall be made by statutory instrument and shall be subject to annulment

in pursuance of a resolution of either House of Parliament.


An 1858 illustration from the French newspaper, Le MondeIllustré The torture and execution of a French missionary in China Painting "Member of the Alardes family", by Jacob Claesz van Utrecht. National Museum, Stockholm


Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment New York, 10 December 1984 https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-9&chapter=4&clang=_en

https://treaties.un.org/doc/source/docs/A_RES_39_46-Eng.pdf Article 1 1. For the purposes of this Convention, the term "torture" means any act by

which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

Article 2 1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-9&chapter=4&clang=_en

https://treaties.un.org/doc/source/docs/A_RES_39_46-Eng.pdf


Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment New York, 10 December 1984 http://www.ohchr.org/en/ProfessionalInterest/pages/cat.aspx

3. There is no justification for torture - ever Article 2.2 of the Convention states that "no exceptional circumstances whatsoever" can justify

torture. This includes war or the threat of war, political instability, combating terrorism or any other emergency.Orders from a superior officer are also not a justification for torture.

Article 4 1. Specific crime of torture: Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. 2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

Article 5 1. Universal jurisdiction: Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases: (a) When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State; (b) When the alleged offender is a national of that State; (c) When the victim is a national of that State if that State considers it appropriate. 2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph I of this article. 3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

http://www.ohchr.org/en/ProfessionalInterest/pages/cat.aspx


Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment New York, 10 December 1984 Article 6 1. Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State

Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary inquiry into the facts. 3. Any person in custody pursuant to paragraph I of this article shall be assisted in communicating immediately with the

nearest appropriate representative of the State of which he is a national, or, if he is a stateless person, with the representative of the State where he usually resides.

4. When a State, pursuant to this article, has taken a person into custody, it shall immediately notify the States referred to in article 5, paragraph 1, of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 7 1. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred

to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.

2. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.

3. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.


Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment New York, 10 December 1984 Article 8 1. The offences referred to in article 4 shall be deemed to be included as extraditable offences in any

extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of such offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 5, paragraph 1.

Article 9 1. States Parties shall afford one another the greatest measure of assistance in connection with criminal

proceedings brought in respect of any of the offences referred to in article 4, including the supply of all evidence at their disposal necessary for the proceedings.

2. States Parties shall carry out their obligations under paragraph I of this article in conformity with any treaties on mutual judicial assistance that may exist between them.


Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment New York, 10 December 1984

Article 10 1. Each State Party shall ensure that education and information regarding the prohibition against

torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.

2. Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person.

Article 11 Each State Party shall keep under systematic review interrogation rules, instructions, methods

and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture.

8. Review of detention procedures Under article 11 of the Convention, States parties are required to keep under systematic

review interrogation rules, instructions, methods and practices, as well as custody procedures. These should comply with the United Nations Standard Minimum Rules for the Treatment of Prisoners and the United Nations Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.



Article 12 Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation,

wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.

Article 13 Each State Party shall ensure that any individual who alleges he has been subjected to torture in any

territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.

Article 14 1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and

has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.

2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.

Article 15 Each State Party shall ensure that any statement which is established to have been made as a result of torture shall

not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.



Article 16 1. Each State Party shall undertake to prevent in any territory under its

jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.

2. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.

PART II...


Standard Minimum Rules for the Treatment of Prisoners Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977 http://www.unodc.org/pdf/criminal_justice/UN_Standard_Minimum_Rules_for_the_Treatment_of_Prisoners.pdf

Register 7. (1) In every place where persons are imprisoned there shall be kept a bound registration book with numbered pages in which shall be entered in respect of each prisoner received: ( a ) Information concerning his identity; ( b ) The reasons for his commitment and the authority therefor; ( c ) The day and hour of his admission and release. (2) No person shall be received in an institution without a valid commitment order of which the details shall have been previously entered in the register.

Separation of categories 8. The different categories of prisoners shall be kept in separate institutions or parts of institutions taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment. Thus, ( a ) Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women the whole of the premises allocated to women shall be entirely separate; ( b ) Untried prisoners shall be kept separate from convicted prisoners; ( c ) Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by reason of a criminal offence; ( d ) Young prisoners shall be kept separate from adults.

http://www.unodc.org/pdf/criminal_justice/UN_Standard_Minimum_Rules_for_the_Treatment_of_Prisoners.pdf



Accommodation 9. (1) Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by night a cell or room by himself. If for special reasons, such as temporary overcrowding, it becomes necessary for the central prison administration to make an exception to this rule, it is not desirable to have two prisoners in a cell or room. (2) Where dormitories are used, they shall be occupied by prisoners carefully selected as being suitable to associate with one another in those conditions. There shall be regular supervision by night, in keeping with the nature of the institution. 10. All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation. 11. In all places where prisoners are required to live or work, ( a ) The windows shall be large enough to enable the prisoners to read or work by natural light, and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation; ( b ) Artificial light shall be provided sufficient for the prisoners to read or work without injury to eyesight. 12. The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner. 13. Adequate bathing and shower installations shall be provided so that every prisoner may be enabled and required to have a bath or shower, at a temperature suitable to the climate, as frequently as 3 necessary for general hygiene according to season and geographical region, but at least once a week in a temperate climate. 14. All parts of an institution regularly used by prisoners shall be properly maintained and kept scrupulously clean at all times.




Personal hygiene 15. Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water and with such toilet articles as are necessary for health and cleanliness. 16. In order that prisoners may maintain a good appearance compatible with their self-respect, facilities shall be provided for the proper care of the hair and beard, and men shall be enabled to shave regularly.

Clothing and bedding 17. (1) Every prisoner who is not allowed to wear his own clothing shall be provided with an outfit of clothing suitable for the climate and adequate to keep him in good health. Such clothing shall in no manner be degrading or humiliating. (2) All clothing shall be clean and kept in proper condition. Underclothing shall be changed and washed as often as necessary for the maintenance of hygiene. (3) In exceptional circumstances, whenever a prisoner is removed outside the institution for an authorized purpose, he shall be allowed to wear his own clothing or other inconspicuous clothing. 18. If prisoners are allowed to wear their own clothing, arrangements shall be made on their admission to the institution to ensure that it shall be clean and fit for use. 19. Every prisoner shall, in accordance with local or national standards, be provided with a separate bed, and with separate and sufficient bedding which shall be clean when issued, kept in good order and changed often enough to ensure its cleanliness.




Food 20. (1) Every prisoner shall be provided by the administration at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served. (2) Drinking water shall be available to every prisoner whenever he needs it.

Exercise and sport 21. (1) Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits. (2) Young prisoners, and others of suitable age and physique, shall receive physical and recreational training during the period of exercise. To this end space, installations and equipment should be provided.

Medical services 22. (1) At every institution there shall be available the services of at least one qualified medical officer who should have some knowledge of psychiatry. The medical services should be organized in close relationship to the general health administration of the community or nation. They shall include a psychiatric service for the diagnosis and, in proper cases, the treatment of states of mental abnormality. 4 (2) Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of suitable trained officers. (3) The services of a qualified dental officer shall be available to every prisoner. 23. (1) In women's institutions there shall be special accommodation for all necessary pre-natal and post-natal care and treatment. Arrangements shall be made wherever practicable for children to be born in a hospital outside the institution. If a child is born in prison, this fact shall not be mentioned in the birth certificate. (2) Where nursing infants are allowed to remain in the institution with their mothers, provision shall be made for a nursery staffed by qualified persons, where the infants shall be placed when they are not in the care of their mothers. 24. The medical officer shall see and examine every prisoner as soon as possible after his admission and thereafter as necessary, with a view particularly to the discovery of physical or mental illness and the taking of all necessary measures; the segregation of prisoners suspected of infectious or contagious conditions; the noting of physical or mental defects which might hamper rehabilitation, and the determination of the physical capacity of every prisoner for work. 25. (1) The medical officer shall have the care of the physical and mental health of the prisoners and should daily see all sick prisoners, all who complain of illness, and any prisoner to whom his attention is specially directed. (2) The medical officer shall report to the director whenever he considers that a prisoner's physical or mental health has been or will be injuriously affected by continued imprisonment or by any condition of imprisonment. 26. (1) The medical officer shall regularly inspect and advise the director upon: ( a ) The quantity, quality, preparation and service of food; ( b ) The hygiene and cleanliness of the institution and the prisoners; ( c ) The sanitation, heating, lighting and ventilation of the institution; ( d ) The suitability and cleanliness of the prisoners' clothing and bedding; ( e ) The observance of the rules concerning physical education and sports, in cases where there is no technical personnel in charge of these activities. (2) The director shall take into consideration the reports and advice that the medical officer submits according to rules 25 (2) and 26 and, in case he concurs with the recommendations made, shall take immediate steps to give effect to those recommendations; if they are not within his competence or if he does not concur with them, he shall immediately submit his own report and the advice of the medical officer to higher authority.



Standard Minimum Rules for the Treatment of Prisoners Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977

Discipline and punishment 27. Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and well-ordered community life. 28. (1) No prisoner shall be employed, in the service of the institution, in any disciplinary capacity. (2) This rule shall not, however, impede the proper functioning of systems based on self-government, under which specified social, educational or sports activities or responsibilities are entrusted, under supervision, to prisoners who are formed into groups for the purposes of treatment. 5 29. The following shall always be determined by the law or by the regulation of the competent administrative authority: ( a ) Conduct constituting a disciplinary offence; ( b ) The types and duration of punishment which may be inflicted; ( c ) The authority competent to impose such punishment. 30. (1) No prisoner shall be punished except in accordance with the terms of such law or regulation, and never twice for the same offence. (2) No prisoner shall be punished unless he has been informed of the offence alleged against him and given a proper opportunity of presenting his defence. The competent authority shall conduct a thorough examination of the case. (3) Where necessary and practicable the prisoner shall be allowed to make his defence through an interpreter.

31. Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences. 32. (1) Punishment by close confinement or reduction of diet shall never be inflicted unless the medical officer has examined the prisoner and certified in writing that he is fit to sustain it. (2) The same shall apply to any other punishment that may be prejudicial to the physical or mental health of a prisoner. In no case may such punishment be contrary to or depart from the principle stated in rule 31. (3) The medical officer shall visit daily prisoners undergoing such punishments and shall advise the director if he considers the termination or alteration of the punishment necessary on grounds of physical or mental health.



Contact with the outside world 37. Prisoners shall be allowed under necessary supervision to communicate with their family and reputable friends at regular intervals, both by correspondence and by receiving visits. 38. (1) Prisoners who are foreign nationals shall be allowed reasonable facilities to communicate with the diplomatic and consular representatives of the State to which they belong. (2) Prisoners who are nationals of States without diplomatic or consular representation in the country and refugees or stateless persons shall be allowed similar facilities to communicate with the diplomatic representative of the State which takes charge of their interests or any national or international authority whose task it is to protect such persons. 39. Prisoners shall be kept informed regularly of the more important items of news by the reading of newspapers, periodicals or special institutional publications, by hearing wireless transmissions, by lectures or by any similar means as authorized or controlled by the administration.

Books 40. Every institution shall have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books, and prisoners shall be encouraged to make full use of it.



Religion 41. (1) If the institution contains a sufficient number of prisoners of the same religion, a qualified representative of that religion shall be appointed or approved. If the number of prisoners justifies it and conditions permit, the arrangement should be on a full-time basis. (2) A qualified representative appointed or approved under paragraph (1) shall be allowed to hold regular services and to pay pastoral visits in private to prisoners of his religion at proper times. (3) Access to a qualified representative of any religion shall not be refused to any prisoner.

On the other hand, if any prisoner should object to a visit of any religious representative, his attitude shall be fully respected. 42. So far as practicable, every prisoner shall be allowed to satisfy the needs of his religious life by attending the services provided in the institution and having in his possession the books of religious observance and instruction of his denomination.


https://youtu.be/4ssd9b36S8A The Spanish Inquisition | Unlawful confinements?“Revealing Judas” History DocumentaryPublished on Sep 10, 2015 : State crimes that lasted for centuries ?Maltreated-isolated-scared and disorientated detainees arrested –tortured and imprisoned secretly from unknown informants in the name of the Church - from Personal Persecutors of Christ. -. Contemporary illustration of tauto-da-fé of Valladolid, in which fourteen Protestants were burned at the stake for their faith, on

May 21, 1559 Melanconia (Accademia, Venice) Domenico Fetti

God handed and dictated 10 vital rules for civilized social living. Christ revealed an eternal truth and completed an ethical human journey of a service at the Holy Supper. He was arbitrarily arrested for his views, tortured for his work and was put into death for His morality and cultural difference of perfection, -in order to free others from such destructive crimes and torturous decisions.- People who can not follow Christ belong to other circles. They have no right to destroy the life of others. The Inquisition and its methods were completely unacceptable and unjustifiable at all levels. -Christ was revealing secrets that only state officials could have known. People’s treasury was unlimited. Christ was curing the sick – healing the tortured and helping people to recover from death and not the opposite.-

https://youtu.be/4ssd9b36S8A

https://en.wikipedia.org/wiki/Accademia,_Venice

https://en.wikipedia.org/wiki/Domenico_Fetti


Torture Devices that caused injuries- mutilations and death to thousands. Only persecutors of Christ in the state machine would use or be given order to use suffocating methods such as burning as “items of persuasion” when Christ’s torture by the state proved than none can survive such methods.

https://youtu.be/faLqe0UC-do History's Most Horrendous Torture Devices; Forbidden Knowledge (Full Documentary) Published on Nov 20, 2013

The burning of a 16th-century Dutch Anabaptist Anneken Hendriks, who was charged with heresy Jan Luyken Cl Roger-Viollet The Repentant St Mary Magdalene (c. 1617–1621)

https://youtu.be/faLqe0UC-do


UN Convention on the Rights of the Childhttp://www.un.org/ga/search/view_doc.asp?symbol=A/RES/44/25

Domenico Fetti - Ecce Homo Stories of St Julian and St Nicholas

http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/44/25


The Convention on the Rights of the Childhttps://www.crin.org/en/home/rights/convention/text-convention

Article 37 States Parties shall ensure that: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment

or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below 18 years of age;

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

https://www.crin.org/en/home/rights/convention/text-convention


Universal Declaration of Human Rights http://www.un.org/en/universal-declaration-human-rights/ The Universal Declaration of Human Rights (UDHR) is a milestone

document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 General Assembly resolution 217 A as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into almost 500 languages.

Article 3. Everyone has the right to life, liberty and security of person.

Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

http://www.un.org/en/universal-declaration-human-rights/

http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/043/88/IMG/NR004388.pdf?OpenElement

http://www.ohchr.org/EN/UDHR/Pages/SearchByLang.aspx


Mountain Valley with Inn and CastleLandscape with Tobias and the Angel, with Hendrick de Clerck

Pieter Stevens II (fl. 1589–1624) Denis van Alsloot , Denijs Van Alsloot (c.1570–c.1626)

https://en.wikipedia.org/wiki/Hendrick_de_Clerck

https://en.wikipedia.org/wiki/Pieter_Stevens_II


-

http://www.wga.hu/index1.html.

"St Francis in Prayer", Papyrus 46 by Caravaggio (1571-1610). New Testament papyri Web Gallery of Art Third Century Epistles of Paul

http://www.wga.hu/index1.html


Structure of the Spanish Inquisition:Adopting a non Christian Investigating Method ? Back to the Old Testament time? To the Torture of Christ–Apostoles and other Saints ?https://youtu.be/scXcewBc7iE Published on Jan 30, 2015: Secret Files of the Inquisition :part 4: End of 600 years of Inquisition

The Edgardo Mortara case:Bologna's inquisitor Pier Feletti heard that Anna Morisi, who had worked in the Mortara house for six years, had secretly baptised Edgardo when she had thought he was about to die as a baby. European States forbade the raising of Christians by members of other faiths, ordered that he be taken from his family and brought up by the Church.: June 24th 1858. International protests mounted,but those in charge ignored them?

https://youtu.be/scXcewBc7iE


The Tower of London and Traitors Gate. In the Middle ages Middle ages, torture was carried out in its chambers http://www.mysteriousbritain.co.uk/england/greater-london/hauntings/the-tower-of-london.html The Tower was the scene for the infamous disappearance of the two princes;

Edward V (12) and Richard Duke of York (10), who are thought to have been murdered in 1483 on the probable command of the Duke of Gloucestershire, who was to be crowned Richard the III

Many of the towers once held prison cells, and the White Tower

once held torture chambers within its crypt. Tower Green outside the White Tower was

reserved for Royal executions, while Tower Hill served as the

public execution place for all the other traitors. Over the centuries the tower has performed diverse

royal functions, it has been a prison, palace, observatory, menagerie, place of capital punishment and a museum.

http://www.mysteriousbritain.co.uk/england/greater-london/hauntings/the-tower-of-london.html

http://www.mysteriousbritain.co.uk/england/greater-london/hauntings/the-tower-of-london.html


https://youtu.be/D9kTzSN-dbg Medieval Apocalypse : Published on Sep 25, 2014 The Black Death National Geographic History channel HD Documentary: 1349Eras of social –economic and scientific decline- with human incurable sicknesses and with poverty wages? Faced with the abandonment of God ?

Hogarth’s Servants mid-1750s St. John at Patmos: Apocalyptic vision: Hans Burgkmair1473–1531) German

https://youtu.be/D9kTzSN-dbg


John Martin :Google Art Project The Last Judgement Orthodox icon of the Apocalypse of St. John (16th century)


A) An inn in the neighborhood of Nantes, circa 1640-1660B) “The Holy Family with dog”, c. 1645–50, Museo de Prado A) by Lambert Doomer B) by Bartolomé Esteban Perez Murillo


A. Harlot’s Progress (1731) https://en.wikipedia.org/wiki/A_Harlot's_Progress#/media/File:Hogarth-Harlot-1.png

Original work byWilliam Hogarth. Crop of William Hogarth. Crop of Hogarth-Harlot-1.png.

https://en.wikipedia.org/wiki/A_Harlot's_Progress

https://commons.wikimedia.org/wiki/File:Hogarth-Harlot-1.png


A Rake's Progress I : A series of eight paintings by 18th-century English artist William Hogarth. The series shows the decline and fall of Tom Rakewell, son and heir of a rich merchant, who comes to London, wastes all his money on luxurious living, prostitution and gambling, and as a consequence is imprisoned in the Fleet Prison and ultimately Bethlem Hospital, or Bedlam

Tom has come into his fortune on the death of his miserly father. While the servants mourn, he is measured for new clothes. he now rejects the hand of his pregnant fiancée, Sarah Young, whom he had promised to marry (she holds his ring and her mother holds his love letters). He will pay her off, but it is clear that she still loves him.

Evidence of the father's miserliness abound: his portrait above the fireplace shows him counting money. The engraving at the right shows the Father went so far as to resole shoes from a leather cover from a bible so as not to pay a shoemaker for repairs.


William Hogarth A Rake's Progress II In the second painting, Tom is at his morning levee in London, attended by

musicians and other hangers-on all dressed in expensive costumes. A music master at a harpsichord close to Tom from left to right...


William Hogarth A Rake's Progress III The third painting depicts a wild party in a sinful place where crime and moral

decline will deteriorate the social scene. Witnessing the stealing of the drunken Tom's watch.


William Hogarth A Rake's Progress IV In the fourth, he narrowly escapes arrest for debt by Welsh bailiffs (as signified by

the leeks, a Welsh emblem, in their hats) On this occasion he is saved by the intervention of Sarah Young, the girl he had

earlier rejected; she is apparently a dealer in millinery.


William Hogarth A Rake's Progress V In the fifth, Tom attempts to salvage his fortune by marrying a rich but aged

and ugly old maid at St Marylebone. In the background, Sarah arrives, holding their child while her indignant

mother struggles with a guest.


William Hogarth A Rake's Progress VI The sixth painting shows Tom pleading for the assistance of the Almighty

in a gambling den at Soho's White Club after losing his "new fortune". Neither he nor the other obsessive gamblers seem to have noticed a fire

breaking out behind them.


William Hogarth A Rake's Progress VII the seventh painting, and Tom is incarcerated in the notorious Fleet debtor’s Fleet debtor’s prison. He ignores

the distress of both his angry new (old) wife and faithful Sarah, who cannot help him this time. Both the beer-boy and the jailer demand money from him. Tom begins to go mad, as indicated by both a

telescope for celestial observatio Beside Tom is a rejected play; another inmate is writing a pamphlet on how to solve the national debt.


William Hogarth A Rake's Progress VIII Finally insane and violent, in the eighth painting he ends his days in

Bethlehem Hospital (Bedlam), London's infamous mental asylum. Only Sarah Young is there to comfort him, but Rakewell continues to

ignore her.


Vieja friendo huevos (1618, English: Old Woman Frying Eggs ). Natioanl Gallery of Scotland, Edinburgh Diego Velazquez Meat and Fish Market (Winter) Lucas van Valckenborch

https://youtu.be/yrVise5qvx0 Children of the Middle Ages: Published on Jun 6, 2014 Medieval Manuscripts: Need for caring societies. Tragic stories of children who did not survive

manual labour. The inability of the Institutions to prevent human pain and suffering.

https://youtu.be/yrVise5qvx0


A.George Clive and his family with an Indian maid, 1765B.Peasants brawling over cards by Adriaen Brouwer 1605-1638

A... B...


The Gate of Calais The good shepherd :Marten van Cleve (also known as, or O, the Roast Beef of Old England ), 1749


LANDSCAPE WITH TRAVELLERS ATTACKED BY ROBBERSARTIST: Sebastiaan Vrancx

TRAVELLERS ATTACKED BY ROBBERS A winter landscape with hunters and skaters by Carel Beschey or Karel Beschey


FOREST SCENE WITH ROBBERYARTIST: David Vinckboons en Sebastiaan 17th century

A: SCENE WITH ROBBERY B:Still life by Jeremias van Winghe (1579-1645)


First stage of cruelty: The Four Stages of Cruelty was issued as a warning against immoral behaviour, showing the easy path from childish thug to convicted criminal. His aim was to correct "that barbarous treatment of animals, the very sight of which renders the streets of our metropolis so distressing to every feeling mind". Hogarth loved animals,

In the first print Hogarth introduces Tom Nerohe is shown being assisted by other boys to insert an arrow into a dog's rectum, a torture apparently inspired by a devil punishing a sinner in Jacques Callot’s Temptation of St. Anthony.


William Hogarth: Second stage of cruelty Thavies Inn Gate (sometimes ironicallywritten as Thieves Inn Gate), one of the Inns of Chancery which

housed associations of lawyers in London.Tom Nero has grown up and become a hackney coachman, hackney coachman, and the recreational cruelty of the schoolboy has turned into the professional cruelty of a man at work.

Hogarth shows four corpulent barristers struggling to climb out of the carriage in a ludicrous state.


William Hogarth:Third stage of cruelty Tom Nero has progressed from the mistreatment of animals to theft and murder. Having

encouraged his pregnant lover, Ann Gill, to rob and leave her mistress, he murders the girl when she meets him. The murder is shown to be particularly brutal: her neck, wrist, and index finger are almost severed.


William Hogarth: Fourth stage of cruelty Having been tried and found guilty of murder, Nero has now been hanged and his body taken for the

ignominious process of public dissection. The year after the prints were issued, the Murder Act 1752 would ensure that the bodies of murderers could be delivered to the surgeons so they could be "dissected and anatomised". It was hoped this further punishment on the body and denial of burial would act as a deterrent. At the time Hogarth made the engravings, this right was not enshrined in law, but the surgeons still removed bodies when they could.


PERSEUS AND ANDROMEDA ARTIST: Jan Brueghel II Frans Francken IIDATED: circa 1599 - 1613

PERSEUS AND ANDROMEDA ( RESCUE MYTH) A fight in an inn Jan va der Venne (fl. 1616–1651) -


Pylades and Orestes Brought as Victims before Iphigenia, 1766 Benjamin West B: The bird's nest: Pieter Snyers (1681 – 1752)


The Beggar’s Opera : VI, 1731 , Tate Britain's version

John Gay's 18th Century ballad opera, performed for BBC television. With its story of a condemned highwayman, it brings to life the greed, lust and corruption of low-life London (Aquarius or The Month of January:Peter Snijers)


William Hogarth's A:Election series B: Interior of the House of Commons In Session, c. 1710 by Peter Tillemans


Soldiers Playing Cards and Dice (The Cheats), c. 1618-1620, by Valentin de Boulogne

La Diseuse de bonne aventure Fortune Teller with soldiers By Caravaggio (Louvre INV 55) By Valentin de Boulogne


27, St. James Street , Jan 1, 1822 G Humphrey


St James Street Jan 1, 1822 G Humphrey


Dr. John Burges, on tiptoe outside a building in Warwick Lane (1795) Dr. John Burges


A:"He who struggles with God."Vision après le Sermon, Paul GauguinIt depicts a scene from the Bible in which Jacob wrestles an angel:It depicts this indirectly, through a vision that the women depicted see after a sermon in Church.

A:...: B: Queen Anne in the House of Lords, 1708 : Peter Tillemans


The Bench 1758

(Hogarth)


Portrait of a Man Rising from His Chair Taft Museum of Art


The Tortures and Torments of the Christian Martyrs Domenico Fetti 1621–22 - Tobias Healing his Father http://www.boston-catholic-journal.com/tortures-and-torments-of-the-christian-martyrs-de

-ss-martyrum-cruciatibus-gallonio/the-tortures-and-torments-of-the-christian-martyrs.pdf by Reverend Father Antonio Gallonio, Boston Catholic Journal. pages 180 Torture of Christian Martyrs

http://www.boston-catholic-journal.com/tortures-and-torments-of-the-christian-martyrs-de-ss-martyrum-cruciatibus-gallonio/the-tortures-and-torments-of-the-christian-martyrs.pdf

http://www.boston-catholic-journal.com/tortures-and-torments-of-the-christian-martyrs-de-ss-martyrum-cruciatibus-gallonio/the-tortures-and-torments-of-the-christian-martyrs.pdf


The Tortures and Torments of the Christian Martyrs by Reverend Father Antonio Gallonio, Boston Catholic Journal

The Wheel of the first sort, that is to say, the larger Wheel of which Nicephorus and the Acts of St. Pantaleemon speak, was made in such a way that being taken up to some high hill, with the victim bound to its circumference, the Wheel, together with the condemned man, was then violently hurled down from the summit of the mountain by a steep and slippery way, so that each member of the Martyr's body was broken.

Thus do we read of that most glorious servant of Christ, Pantaleemon, in the History of his Martyrdom: "And they said to him, 'Let the great wheel be brought, and carried to the top of the mountain, and have him bound to it and hurled down the mountain in such a way that his flesh may be miserably scattered abroad, and he die.' The most blessed Pantaleemon was then led away to prison while the wheel was being constructed. As soon as it was finished, the Judge ordered the criers to proclaim through the city, that all men should come together to see the death of the Blessed Pantaleemon, and ordered him to be brought in. When the holy Martyr of Christ was led in, to their amazement he was singing Psalms to the Lord in Christ! Then the Attendants bound him over the wheel; but as soon as they began to roll the wheel, his bonds were loosed, and the Holy Martyr stood up unhurt. The wheel, however, rolling onward, killed many of the Heathen. p.18


The Tortures and Torments of the Christian Martyrs by Reverend Father Antonio Gallonio, Boston Catholic Journal Of the Press as an Instrument of Torture The Christian Martyrs were also squeezed

in Presses, much in the way that grapes and olives are pressed to extract wine and oil. It was by this method of torture that most noble soldier of Christ, St. Jonas, was martyred, of whom we read in the Acts of this Martyr: "They (the Persian Magi) ordered the Press to be brought and St. Jonas to be placed within it, and violently pressed and cut to pieces. The Attendants did as they were commanded, and squeezed him mercilessly in the Press, breaking all his bones, and finally cut him in two through the middle. (p.22)

With regard to the use of the wooden horse as an instrument of torture,..."Now the nature of this torture," he says, "was as follows. After binding the arms and legs of the person to be tortured to this frame by means of small thongs known as fiddle strings, they then extended the framework and set it upright, so that the victim found himself suspended upon it, as on a cross. This done, they proceeded in the first place to force apart all the joints and articulations of his limbs; then the placed red-hot plates close to his body, and last of all tore his sides with two-pronged iron hooks ..." (p.24)



The "horse" in antiquity was an engine of wood fashioned to resemble a real horse, having two small, channeled wheels, or pulleys, situated at both ends which were hollowed out to receive them. Over the axles of these wheels or pulleys, ropes were led, and the wheels revolved, by which means the person tied to them was racked and stretched in various directions.

To understand this more clearly, let us examine how the ancients constructed this device we call the wooden horse. To begin with, they prepared a straight beam of wood of a convenient length and breadth; into the two ends of this, which they had previously hollowed out somewhat, they attached small channeled wheels that turned upon axles. In order to raise the entire device above the ground, they used four other pieces of timber, shorter and thinner than the first, which they then fastened with iron nails near the four corners, and so constructed a mechanical device standing on four legs and somewhat resembling a real horse.

Once completed, the victim to be tortured was placed upon its back and had his two legs forcibly drawn apart. The tormentors then took ropes, one binding the tied the man's feet, and the other his hands after they had twisted the latter behind him. Next, leading these ropes over the small wheels or pulleys and carrying them to a small device much like a winch or windlass (we conjecture) that was attached to the "horse's legs, they wound the ropes around it and turning it round, drew the bonds taut in such a way that the man, tied with his back to the horse's back and his face looking skywards, was then stretched along with them. Thus they would continue turning the winch, drawing the ropes tighter and tighter, until every limb was strained and every joint dislocated.

Eventually they would either leave him in this condition, or else at a sign from the Judge relax the ropes and let him drop and hang bent under the horse's belly, to increase his pain. Then the Judge, sufficiently assured that the pain inflicted would induce the truth that would either convict or acquit the prisoner, would proceed to question and cross-question him rigorously of his complicity in the matter in question. However, if the victim was still resolute in holding out and defied the magistrate's expectations, he would then order hot plates to be brought, or iron claws, hooks and the like, to inflict greater pain still, in the hope of yet eliciting the truth. (p.25)

St. Romanus, where the indomitable Martyr speaks from the horse's back: Miserum putatis. quod retortis pendeo Extensus ulnis, pod revelluntur pedes. Compago nervis quod sonat crepantibus. ("You deem me unhappy, because I hang stretched here with elbows twisted behind me, because my legs are drawn asunder and all my frame cracks as the sinews are racked.")-p.27



However, with regard to what we said above concerning other kinds of tortures in which 30 prisoners were stretched on the wooden horse and tormented, it should be noted that our ancestors often stretched a person on the horse, and then by means of fidiculae or iron claws tore at his limbs, or else burned them with red-hot plates of metal, or the like. This is to be found recorded in several collections of Acts of the Blessed Martyrs, and particularly in St. Cyprian's Epistle to Donatus, where he writes: "The spear was there, and the sword, and the executioner standing ready, the iron claw that mangles and scrapes the sides, the horse that stretches the limbs, and the fire that burns — many kinds of torments for one poor human body!” (pp.29-30 )

"But soon the hard-hearted Judge's cruelty was roused anew, and the victim, already worn out with pain, was again torn by the lash, beaten by the cudgels, racked on the horse, lacerated by the iron claw and scorched by the flames."


The Tortures and Torments of the Christian Martyrs by Reverend Father Antonio Gallonio, Boston Catholic Journal Of Prisons or Jails 40 A prison or jail is a place wherein criminals are kept guarded, and to which they are

confined against their own free will. The first prison at Rome was built by King Ancus Martius [circa 640- 616 BC], as Livy tells us:

"Likewise the pit or dungeon of the Quirites [the citizens of Rome at large]— no insignificant structure as viewed from the more level ground — is the work of King Ancus. The state having largely increased in prosperity, and, as was to be expected with so numerous a population, the distinctions of right and wrong being grown confused and crimes of fraud and stealth becoming frequent, a jail was built to deter the increasing lawlessness, in the midmost of the city, looking over the forum itself."

There were two different methods of guarding prisoners among the ancients, to wit, the public jail and the private house. Confined to the latter were persons accused prior to their confession or conviction. This was spoken of as free custody, when persons were entrusted to the custody of magistrates at their own house, or to that of private noblemen. Thus Livy, speaking of the Judge of the Bacchanalia, writes: "The Consul begs his father-in-law to clear a part of his house, that Hispala might be lodged there ..." Then, a few lines further on,

"The Consuls ordered the Curule Aediles [minor patrician magistrates] to seek out all his priests, arrest them, and keep them for future examination in free confinement.”

The same thing again is implied in what Sallust says, writing of the Catilinarian conspiracy: "The Senate decreed that the Magistracy be abolished, and Lentulus and the rest of the confederates be kept

in free custody. Accordingly Lentulus was delivered over to Publius Lentulus Spinther, who was Aedile at the time, Cethegus to Quintus Cornificius.“ (pp.39-40)


The Tortures and Torments of the Christian Martyrs by Reverend Father Antonio Gallonio, Boston Catholic Journal ...in the Acts of the Martyr St. Victor we find: "Being brought out of prison after

three days, with his foot he kicked over a statue of Jupiter which was presented to him that he might offer incense to it. The offending foot was instantly cut off, and the holy man laid under a millstone, under which he was cruelly ground. Amazingly, after a little while the mill broke in pieces of itself, while yet the Martyr of the Lord was breathing faintly." And in the Acts of the most Blessed Martyr, St. Artemius, we read:

"Hearing these words and being filled with wrath, Julian called stonemasons to him and said, 'Do you see that block of stone?', pointing to one that had broken from the front of the Amphitheatre. 'Divide it for me into two halves. Then, laying the one half flat on the earth, stretch out this criminal upon it, and then let down the other half heavily upon him, so that caught between the two he may have both flesh and bones crushed out of all shape. By this means he shall learn whom he is trying to resist and what help he may expect from his God.' No sooner said than done, the holy man was imprisoned between the two stones, and so great was the weight pressing upon his body that as his bones broke asunder, a sound of splitting and cracking was actually heard by many. All his inwards were torn to pieces and the articulations of his bones crushed while his eyes started out of their sockets. ...(p.60)


Saint James the Greater : Guido Reni Considered the first apostle to be martyred: died in 44 AD : Saint of Spain


A. The first Christian Martyr Saint Stephen, painting by Giacomo CavedoneB.Stoning of Saint Stephen by Paolo Uccello

Accused of blasphemy, at his trial he made a long speech denouncing the Jewish authorities who were sitting in judgment on him and was then stoned to death . His Martyrdon was witnessed by Saul of Tarsus , a Pharisee who would later himself become a follower of Jesus.... A...............................................B................................


Saint Sebastian comforted by an angelGerard Seghers (Martyred c. 288 AD) Commonly depicted in art and literature tied to a post or tree and shot with arrows. He is venerated in the Catholic and Orthodox Churches. The Governors of the Haarlem Guild of St.Luke in 1675


Caravaggio - Saint Catherine of Alexandria – Google Art Project Martyred in the early 4th century. A princess and a noted scholar, who became

a Christian, and converted hundreds of people to Christianity. Vanitas, Capriccio of a Dominican preaching to Emperor Charles V: Hieronymus Francken I


St. Ivo (c. 1450), oil on oak panel National Gallery, London An "Advocate of the Poor” : Ivo refused bribes. He often helped disputing parties settle

out of court. Ordained to the priesthood in 1284 and he continued to practice law. To give drink to the thirsty: Michiel Sweerts or Michael Sweerts (1618 – 1664)


St Martin Resurrects a Boy, (Santo Stefano, Bologna) Martin's sometimes defiant attachment to the ideal of social justice achieved deep

resonance in a church attempting to carry forward that ideal in today's modern world. Portrait of a young man Michiel Sweerts (1618 – 1664)


Rogier Van der Weyden, Portrait of a Lady, c. 1460 Caterina, or Catharina van Hemessen (1528 –1587)


Der-Auferstandene 1558 Resurrection Girl at the Virginal, 1548: Catharina van Hemessen


Bath Abbey Somerset, England La résurrection Louis Finson


Rafael: Ressureicaocristo:Resurrection Two English peers, one in Parliamentary robes and one in the robes of the Order of

the Garter with a halberdier in the livery of Elizabeth I , by Lucas de Heere, 1567.


Resurrection Raffaellino del Garbo Resurrection Banquet in the Park:Lodewijk Toeput :il Pozzoserrato(c. 1550 -1605)


1766, Cathédrale Saint-Louis, Versailles Saint Peter Attempting to Walk on Water Let the children come to me: Ambrosius Francken l'Ancien


A:Christ in the Storm on the Lake of GalileeRembrandt B: Communion of the Apostles: Justus van Gent (c. 1410 – c. 1480)


The Incredulity of Saint Thomas is a painting of the subject of the same name by the Italian Baroque Master Caravaggio, c. 1601–1602. It is housed in the Sanssouci Palace, now a museum, in Potsdam, Berlin,Germany.

Saint Thomas Church interior Abel Grimmer (c. 1570–c. 1620)


Domine quo vadis? "Lord, where are you going?” Crucifixion of St PeterAntoine, Sallaert (1594–1650)

Peter is depicted fleeing from Rome to avoid crucifixion and has a vision of meeting Christ bearing his Cross. Peter asks Jesus "Quo vadis?" to which he replies, "Romam vado iterum crucifigi".

Peter returns to Rome after this vision. Saint Peter, while fleeing Rome along the ancient Via Appia, meets Christ outside the city, who is walking in the opposite direction towards the city, carrying his cross. Peter asks him, Domine, quo vadis?

The question is in Latin and means "Lord, where are you going?" Jesus replies, Eo Romam iterum crucifigi, which means: "I am going to Rome to be crucified again."

The scene as catalogued in the apocryphal Acts of St. Peter, describes Peter who is fleeing Rome at the time of Emperor Nero's persecution. This encounter is reminiscent of Peter’s denial , when Peter chose to deny Jesus three times during his passion and crucifixion.

Apostle Peter realizes that he is on his way to making the same mistake all over again now, abandoning Jesus and his church in a moment of danger. Peter turns around when he understands that this was a sign, and returns to Rome to face the martyrdom.


Domine quo vadis?"Lord, where are you going?"

Christ appearing to Saint Peter on the Appian Way


https://youtu.be/egYqU9FU_D0 Γυάρος : Gyaros Uploaded on Feb 19, 2009 : Greek TVunlawful imprisonments - Τόπων Μνήμες (Μέρος 1ο): Greek Documentary: 18,000 Greek citizens, were arbitrarily arrested with the purpose to be “exterminated? Change ?” on political grounds. ( Closed in 1962 re -opened 1967 ? )

The Martyrdom of Saint Peter Forceful condemnations to hermitages

https://youtu.be/egYqU9FU_D0


https://youtu.be/8fm2N5TEVTM Γυάρος - Τόπων Μνήμες (Μέρος 2ο) Greek Documentary : Gyaros- Leros: Unlawful Imprisonments...Uploaded on Feb 19, 2009 Greek TV: Statements of Victims... Martyrdom of St. Peter Martyrdom of St. Peter Caravaggio Human Isolations: Human Rights Violations

https://youtu.be/8fm2N5TEVTM


https://youtu.be/kU3ocnPgNnc Γυάρος : Gyaros : Unlawful imprisonments – Τόπων Μνήμες (Μέρος 3ο) : The prisons were closed in 1971: Tortures and executions...? Uploaded on Feb 19, 2009: Greek TV

The Crucifixion of St Peter Gyaros Camp

https://youtu.be/kU3ocnPgNnc


Man of Sorrows is a small oil on wood Early Netherlandish painting completed c. 1485-1495. Geertgen tot Sint Jans: combines themes Sleeping travellers of the mocking of Jesus with Pieter van Lint a representation of the grieving mother.


Vatican to UN: 100 thousand Christians killed for the faith each year 28/05/2013 I

The Center for the Study of Global Christianity of Gordon–Conwell Theological Seminary, an evangelical seminary based in Hamilton, Massachusetts, has estimated that 100,000 Christians die annually for their faith.

Archbishop Silvano Maria Tomasi, permanent observer of the Holy See to the United Nations later referred to this number in a radio address to the 23rd session of the Human Rights Council.

(Vatican Radio) The Holy See has expressed "deep concern" for violations of religious freedom and systematic attacks on Christian communities in regions of the world such as Africa, Asia and the Middle East. This was pointed out by Msgr. Silvano Maria Tomasi, who spoke Monday at the United Nations in Geneva.

Statement by His Excellency Archbishop Silvano M. Tomasi Permanent Observer of the Holy See to the United Nations and Other International Organizations in Geneva 23rd Session of the Human Rights Council InteractiveDialogue with High Commissioner - Item 2 Geneva, May 27, 2013

Mr. President,My Delegation congratulates Madam High Commissioner for her presentation as well as for the activities of her office for the promotion, recognition and implementation of human rights.


Statement by His Excellency Archbishop Silvano M. Tomasi Permanent Observer of the Holy See to the United Nations and Other International Organizations in Geneva 23rd Session of the Human Rights Council InteractiveDialogue with High Commissioner - Item 2 Geneva, May 27, 2013 II

“Mr. President, The serious violations of the right to freedom of religion in general and the recent

continuing discrimination and systematic attacks inflicted on some Christian communities in particular, deeply concern the Holy See and many democratic Governments whose population embrace various religious and cultural traditions.

Credible research has reached the shocking conclusion that an estimate of more than 100,000 Christians are violently killed because of some relation to their faith every year.

Other Christians and other believers are subjected to forced displacement, to the destruction of their places of worship, to rape and to the abduction of their leaders -as it recently happened in the case of Bishops Yohanna Ibrahim and Boulos Yaziji, in Aleppo (Syria).

Several of these acts have been perpetrated in parts of the Middle East, Africa and Asia, the fruit of bigotry, intolerance, terrorism and some exclusionary laws. In addition, in some Western countries where historically the Christian presence has been an integral part of society, a trend emerges that tends to marginalize Christianity in public life, ignore historic and social contributions and even restrict the ability of faith communities to carry out social charitable services. ”


Statement by His Excellency Archbishop Silvano M. Tomasi Permanent Observer of the Holy See to the United Nations and Other International Organizations in Geneva 23rd Session of the Human Rights Council InteractiveDialogue with High Commissioner - Item 2 Geneva, May 27, 2013 III

“Mr. President, The Human Rights Council has recognized that "religion, spirituality and belief may and can

contribute to the promotion of the inherent dignity and worth of the human person." The Christian religion, as other faith-communities, is "at the service of the true good of humanity." In

fact "Christian communities, with their patrimony of values and principles, have contributed much to making individuals and peoples aware of their identity and their dignity".

In this connection, it may be useful that the Delegation of the Holy See should recall some pertinent data on the current services to the human family carried out in the world by the Catholic Church without any distinction of religion or race. In the field of education, it runs 70,544 kindergartens with 6,478,627 pupils; 92,847 primary schools with 31,151,170 pupils; 43,591 secondary schools with 17,793,559 pupils.

The Church also educates 2,304,171 high school pupils, and 3,338,455 university students. The Church’s worldwide charity and healthcare centres include: 5,305 hospitals; 18,179

dispensaries; 547 Care Homes for people with Leprosy; 17,223 Homes for the elderly, or the chronically ill or people with a disability; 9,882 orphanages; 11,379 creches; 15,327 marriage counseling; 34,331 social rehabilitation centres and 9,391 other kinds of charitable institutions.

To such data about social action activity, there should be added the assistance services carried out in refugee camps and to internally displaced people and the accompaniment of these uprooted persons. This service certainly doesn’t call for discrimination against Christian.”


Statement by His Excellency Archbishop Silvano M. Tomasi Permanent Observer of the Holy See to the United Nations and Other International Organizations in Geneva 23rd Session of the Human Rights Council InteractiveDialogue with High Commissioner - Item 2 Geneva, May 27, 2013 IV

“Mr. President, Allow me also to congratulate the Delegations, like that of Italy, that took the floor to express a defense of religious

freedom in general and Christians in particular since these have been targeted victims of human rights violations and to welcome the position of the Prime Minister of Bangladesh on the introduction of anti-blasphemy law in her country.

In conclusion, Pope Francis’ words regarding the celebration of the 17th Centennial Anniversary of the Edict of Milan, that opened the way to religious freedom, are an appropriate wish, that "… civil authorities everywhere respect the right to publicly expressone’s faith and to accept without prejudice the contribution that Christianitycontinues to offer to the culture and society of our time".

Thank you Mr. President.” http://en.radiovaticana.va/storico/2013/05/28/vatican_to_un_100_thousand_christians_killed_for_the_faith_each_ye

ar/en1-696232

The Center for the Study of Global Christianity estimates that more than 70 million Christians have been martyred over the last two millennia. More than half of these were in the 20th century under fascist and communist regimes. For the early 21st century, we estimate that 1 million Christians were killed over the 10-year period from 2000–2010, an average of approximately 100,000 Christians killed each year.http://www.gordonconwell.edu/resources/documents/martyrmethodology.pdf

a. “Believers in Christ”. These individuals come from the entire Christian community of Roman Catholics, Orthodox, Protestants, Anglicans, and Independents. In 2010, there were over 2.2 billion individuals who were Christians. Cumulatively, since the time of Christ, over 8.5 billion people have been Christians....

https://youtu.be/QG3gv7-geNs May 20, 2011 | 822 views | by TV2AfricaAuthor Jason Stearns discusses his new book, "Dancing in the glory of Monsters: The Collapse of the Congo and the Great War of Africa" with Mwamoyo Hamza,

http://en.radiovaticana.va/storico/2013/05/28/vatican_to_un_100_thousand_christians_killed_for_the_faith_each_year/en1-696232

http://en.radiovaticana.va/storico/2013/05/28/vatican_to_un_100_thousand_christians_killed_for_the_faith_each_year/en1-696232

http://www.gordonconwell.edu/resources/documents/martyrmethodology.pdf

https://youtu.be/QG3gv7-geNs

http://int.search.myway.com/search/video.jhtml?n=&p2=&pg=video&pn=1&ptb=&qs=&searchfor=TV2Africa&si=&ss=sub&st=tab&trs=wtt


THE MARTYRDOM OF SAINT APOLLONIAARTIST: Jacob Jordaens I17th century Saints http://barokinvlaanderen.vlaamsekunstcollectie.be/en/collection/the-martyrdom-of-saint-apollonia-0

According to legend, her torture included having all of her teeth violently pulled out or shattered.

http://barokinvlaanderen.vlaamsekunstcollectie.be/en/collection/the-martyrdom-of-saint-apollonia-0


Toothpuller: Images:Human Rights Violations Pitti Palace Florence Prisoners and their tents on the island of Makronisos ( Greece state crimes)


Rembrandt-Lapidation-Saint-Étienne-MBA-Lyon Saint-Étienne (The Road to Calvary Isabella Francken1600-1649)


Pieta (San Benedetto, Bologna) Alessandro Tiarin Pietà (Michelangelo) 1498–1499 Marble


Giotto’s fresco the Mourning of St. Francis in theBardi chapel of Santa Croce. St. Francis The Martyrdom of Martinian and Processus (1629) : Valentin de Boulogne


WOODED LANDSCAPE WITH SAINT DOMINIC ARTIST: Lucas Achtschellinck DATED: 1626 - 1699

SAINT DOMINIC Landscape with figures by Carel Beschey (1706-1770 )


SAINT BONAVENTURA IN ECSTASYARTIST: Abraham van Diepenbeeck 17th century Saints

SAINT BONAVENTURA King David presenting the sceptre to Solomon Cornelis de Vos A... B...


Fresco in Sulsted Church A: Church B:Imaginary architecture Hendrick Aerts


St. George in Aarhus CathedralSchwarz Weiss Own work A: St. George B: Flower Piece by Jan-Baptist Bosschaert (1667 – 1746)


Saint George and the Dragon By Vitale da Bologna The four children of Rubens and Helena Fourment with maids : Philip Fruijtiers, Philip Fruitiers (1610 -1666)


ARTIST: Abel Grimmer DATED: 1600 - 1620 SUMMER A family portrait in a classical interior Jan Carel Vierpeyl (fl 1697 - 1723)


Young woman playing the violin by Orazio GentilischiOrazio Gentileschi scan of painting

Young woman playing the violin The new song by Jan Josef Horemans the Younger


SPRING ARTIST: Abel Grimmer DATED: 1600 - 1620

SPRING A concert, Jacob van Loo (1614 –1670)


Goya - Die Weinlese – 1786 The Grape Harvest

The Grape Harvest Man holding a jug Michiel Sweerts


ARTIST: Lodewijk de Vadder 17th century

THE SONIAN FOREST WITH MARKET VENDORS Hilly landscape with travellers by Carel Beschey


ARTIST: Erasmus de Bie 17th century (Images of wealthy life –styles)

THE MEIR Company at table on a castle terrace François Xaver Henri Verbeeck or Frans Verbeeck (1686 –1755)


LANDSCAPE WITH SUNSET (Forest Landscape, 1598, Liechtenstein Collection Gillis van Coninxloo)

Lucas van Uden ARTIST: 17th century Portrait of Andries Rademaker, Notary, Displaying a Statuette,1656 Johanna Vergouwen


Caravaggio: La vocazione di San Matteo The Calling of Saint Matthew... Jan Cossiers Self portrait (1600 –1671)


The Visitation,c. 1549 By Tintoretto The Vintage, tapestry: Jan van Orley or Jan van Orley II (1665-1735)


“The Ecstasy of St. Cecilia” Still life with tistle and nest by Pieter Snyers (1681 - 1752)

c. 1518 by Raphael A View of the Abbey of Groenendael Near Brussels in Winter Denis van Alsloot


Ginerva de’Benci c. 1474 Leonardo Da Vinci Glass with rosesJan Anton van der Baren (1615 –1687)


St Dominic'sGlory crowning the Arca di San Domenico Crucifixion with Scenes of the Martyrdom of the Apostles Frans Francken the Younger( 1581 –1642)


A: Concert: Louvre B: Festive Company:Hieronymus Francken II (578 –1623)


Saint Dorothea and the Angel Alessandro Tiarini Rich and the Poor at Table: Hieronymus Francken II (1578 –1623)


Salisbury Cathedral from the Bishop’s Grounds c. 1825. As a gesture of appreciation for John Fisher,the Bishop of Salisbury, who commissioned this painting, Constable included the Bishop and his wife in the canvas. Their figures can be seen at the bottom left of the painting, behind the fence and under the shade of the trees.

Church... Landscape with a Rural Festival: Lucas van Valckenborch (1535- 1597)


Repentance of St Joseph (Louvre, Paris) Alessandro Tiarini The Somerset House Conference, 1604, National Maritime Museum


The Concert Gerard Van Honthorst Summer, 1607:Abel Grimmer(c. 1570–c. 1620)


Luncheon of the Boating Party, 1880–1881 Phillips Collection, Washington, D.C. The Ball at Court Marten Pepijn (1575-1643)


Lady Elizabeth Delme and Her children, 1779(by Sir Joshua Reynolds)

National Gallery of Arts...


The Assembly at Wanstead House. Earl Tylney and family in foreground byWilliam Hogarth

The Assembly...


For Holy Monks as “for Fr. Sophrony the concept of mildfulness of death can express both a mere intellectual awareness of death and also a mystical state, as a form of divine grace.”( In: I love therefore I am: Nicholas v.sakharov p.234.)

Christ is the way and the truth and the life...


Claude Monet Coquelicots, La promenade (Poppies), 1873, Musee d’ Orsay, Paris Painting in His Garden at Argenteuil,

Poppies…


With Special Thanks to all those who work for a better world! Elder Sophrony and a Portrait of Claude Monet 1875, Musee d’Orsay, Paris, France

criminology iii

Documents