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Episode details

Radio 4,19 Mar 2024,28 mins

Criminal damage defence limited

The Law Show

Available for over a year

Following a Court of Appeal ruling this week about a case referred to the senior judges by the Attorney General, those charged with criminal damage for actions like throwing red paint at a building as a protest, can no longer use a certain defence to be acquitted. Parliament had intended the defence for different circumstances. Protesters used to be able to claim that had the owners of the damaged property known of the reasons for the damage, such as to highlight climate change, they'd have agreed to it. The Attorney General, Victoria Prentis KC MP speaks exclusively to Joshua Rozenberg about what this victory means. Prisons are almost full, and to help make room, the Justice Secretary Alex Chalk KC MP has announced that prisoners meeting certain criteria can be released up to two months early. Prison campaigners must be pleased, or are they? Andrea Coomber KC (hon), chief executive of the Howard League for Penal Reform, has a more mixed reaction. How are prisons in England and Wales dealing with inmates with severe mental health needs? Independent Monitoring Boards (IMB), which are often called the eyes and ears of the public in prison, believe that too often prisons rely upon tough segregation units to manage inmates with mental health needs. IMB volunteers share their observations, and Elisabeth Davies, IMB National Chair, calls for a faster transfer to secure hospital units instead. Awaab Ishak was aged just two when he died as a direct result of exposure to mould in the home his family rented from Rochdale Boroughwide Housing. The coroner issued a Prevention of Future Deaths report as a result, but it was only following a campaign by Awaab's parents and others that the law was changed. Awaab's Law, as it's being called, will specify the timeframes within which social landlords have to respond to complaints of mould. We hear from barrister Christian Weaver of Garden Court North, who represented Awaab's family. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Clare Fordham Production coordinator: Katie Morrison

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