Tag: Ministry of Justice

The press release issued by the Ministry of Justice on 14 November 2024.

Technological innovations and international prison policies are among things being studied as part of the government’s Sentencing Review.

The review, which aims to end the crisis in our prisons and make sure the country always has the prisons space needed to keep people safe, will consider how other jurisdictions who have faced similar capacity challenges have been able to tackle rising prison populations and reducing reoffending.

To ensure the review considers all aspects of the justice system, including the impact of changes on victims, an expert panel has been appointed to support independent chair David Gauke. This includes former Chief Executives of the Crown Prosecution Service, Peter Lewis and HMPPS, Michael Spurr, as well as former Lord Chief Justice Lord Burnett and Executive Director of End Violence Against Women Andrea Simon.

The review will be further informed by a call for evidence launched today [14 November 2024] with academics, experts and the public encouraged to share ideas for innovation and reform over the next eight weeks.

Lord Chancellor and Secretary of State for Justice Shabana Mahmood said:

No Lord Chancellor should be put in the invidious position I was on taking office – faced with a prison system on the verge of collapse. We must make sure there are always a cell to lock up dangerous offenders.

This panel represents a wealth of experience. I have no doubt it will be invaluable in delivering a review which will help set out the long-term plan for our prisons.

The panel appointed to support David Gauke are:

• Lord Burnett – Previous Lord Chief Justice (2017 – 2023)
• Catherine Larsen KPM – A retired inspector from Avon and Somerset whose work included transforming the way rape and serious sexual offences are investigated by the police
• Nicola Padfield KC (Hon) – Criminal Law Barrister Emeritus Professor of Criminal and Penal Justice at the Law Faculty, University of Cambridge
• Sir Peter Lewis – Former Chief Executive of Crown Prosecution Service (2007-2016), Former Registrar of the International Criminal Court (2023).
• Michael Spurr – Former Chief Executive of HMPPS (2010-2019)
• Andrea Simon – Executive Director at End Violence Against Women Coalition (EVAW)

The call for evidence will explore key themes including the structure of sentencing, use of technology as tough alternatives to custody, custodial and non-custodial sentences, as well as the individual needs of both victims and offenders.

Review Chair David Gauke said:

This review will investigate how we can create a more effective criminal justice system, looking to jurisdictions who have faced similar challenges, and at how we can harness new technology to manage offenders in and out of prison.

I welcome responses to the call for evidence which challenge current thinking, are innovative, and which spotlight how best practice can be scaled, so we can build a justice system which works both now and in the future.

Alongside the call for evidence, international learnings will be a central focus for the panel.  Sweden and the Netherlands have both used technology to manage offenders in and outside of prison and tackle rising prison populations. This has included an electronic monitoring system integrated between prisons and probation in the Netherlands, and using mobile apps in Sweden to support rehabilitation outside of prison, such as improving attendance at probation meetings.

Texas faced similar capacity challenges to England and Wales in the early 2000s. In 2007, prisons were at capacity and the population was predicted to rise, needing an additional 17,000 cells over the next five years. Under a system implemented by a Republican governor, prisoners can now reduce the time they spend in custody by participating in courses aimed at tackling the root causes of crime, and for good behaviour. The Texan prison population has now decreased by over 20,000 and crime in the area has fallen.

In developing its recommendations, the Sentencing Review will follow 3 core principles to ensure a sustainable justice system:

• make sure prison sentences punish serious offenders and protect the public, and there is always the space in prison for the most dangerous offenders
• look at what more can be done to encourage offenders to turn their backs on a life of crime, and keep the public safe by reducing reoffending
• explore tougher punishments outside of prison to make sure these sentences cut crime while making the best use of taxpayers’ money

The review will submit its findings in full to the Lord Chancellor by Spring 2025.

Notes to editors

The seven key themes the call for evidence will explore are:

• History and Trends in sentencing
• The Structure of sentencing
• The use of technology within sentencing
• Community sentences
• Custodial sentences
• The progression of custodial sentences
• The individual needs of victims and offenders

The press release issued by the Ministry of Justice on 1 October 2024.

The Secretary of State has approved the appointment of: Esther Beresford; Deborah Brayshaw; Lisa Hackett; Tom Ketteley; Claire Wiggins; Laura Vincent and; Glynis Williams as Chairs of Mother and Baby Units, for 5 years from 1 October 2024.

Mother and Baby Units (MBUs) are units within the female prison estate which provide an opportunity for babies to remain with their mother – in a safe setting – whilst their mother serves her custodial sentence. They give the mother and child an opportunity to bond and maintain a secure relationship.

The Prison Rules provides that the Secretary of State may permit a woman to have her baby with her in prison and that everything necessary for the baby’s care may be provided there. There are currently six MBUs in England and Wales. The Policy Framework for Pregnancy, MBUs and Maternal Separation from Children up to the Age of Two in Women’s Prisons (2021) sets out the mandatory requirements that address the needs of perinatal women and mothers in prison and how prisons support them.

The Framework provides that recommendations (including admission recommendations) are made by a Board, and each Board must be chaired by an Independent Chair, appointed by the Secretary of State. Members of the Board are made up of a range of professional backgrounds and local authority officials that bring value to the MBU. The Board decides whether to admit any mother and her child to that Unit or extend their stay should the need arise.

Biographies

Esther Beresford

Esther has been Head of Service at Wakefield Council since June 2022. From 2018 – June 2022, she was a Service Manager at Wakefield Council. Ms Beresford has experience as a Social Worker Leader and working with vulnerable families and children.

Deborah Brayshaw

Deborah has held senior roles in care services supporting children and families, safeguarding and child and adult protection. She is a panel member of Redress Scotland; a scheme which offers redress payments to people abused in care as children in the past. She has also been the Chair of Fostering Panel, for The Adolescent and Children’s Trust (TACT).

Lisa Hackett

Lisa is a registered social worker, leader and educator with over 29 years’ experience of direct work with children and adults in the statutory, private, charitable and academic sectors. Since 2021, Ms Hackett has been chief social work director at Frontline; England’s largest social work charity.

Tom Ketteley

Tom most recently, was Deputy Solicitor to the Infected Blood Inquiry.  Since 2023, he has been a Fee-Paid Judge of the First-Tier Tribunal. He holds a number of judicial and quasi-judicial roles, including: Legally Qualified Chair/Legally Qualified Person for police misconduct proceedings; Adjudicator for Companies House and; Independent Person at the City of London Corporation.  OUTstanding, a professional network for LGBT+ people, have recognised him as an LGBT+ leader.

Claire Wiggins

Claire retired, in 2021, from her 35-year career in the Criminal Justice System. From 2017-2020, she was a Deputy Director for Women in Her Majesty’s Prison and Probation Service.

Laura Vincent

Laura has been, since 1997, a Lay Assessor, Fitness to Practise, at the General Medical Council. She is also an Independent Chair – All Age Continuing Care (AACC), for NHS England.

Glynis Williams

Glynis has over 30 years’ experience in social work including in leadership roles. Her experience includes chairing multi-agency panels, partnership working. She is now an Independent Safeguarding Consultant, an Independent Chair for a Fostering Agency and a DHR and LSCPR Author.

These appointments are made, by the Secretary of State, under Rule 12(2) of the Prison Rules and are regulated by the Commissioner for Public Appointments. These appointments have been made in line with the Governance Code on Public Appointments

The press release issued by the Ministry of Justice on 30 September 2024.

The Lord Chancellor has approved the appointment of Helen Sewell as a legal adviser member of the Family Procedure Rule Committee (FPRC) from 30 September 2024 until 29 September 2027.

FPRC was set up, in October 2004, to make Family Procedure Rules. Its aim is to make clear, easily understandable rules to create an accessible, fair and efficient family justice system. FPRC makes rules of court that govern the practice and procedure followed in family proceedings in the High Court and family court.

Appointments, to FPRC, are made by the Lord Chancellor after consulting the President of the Family Division, under section 77(2) of the Courts Act 2003. The appointment of non-judicial members is regulated by the Commissioner for Public Appointments and recruitment processes comply with the Governance Code on Public Appointments.

Biography

Helen Sewell was admitted Solicitor in 1991. Since 2020, she has worked as a Legal Team Manager for HMCTS. Previously, from 2002-2020, she worked for HMCTS as a Justices’ Legal Advisor for Wiltshire Magistrates’ Court, Swindon.

The press release issued by the Ministry of Justice on 30 September 2024.

Refurbishments, extra staff training and a review of security will take place at HMP Rochester in response to concerns raised by the Chief Inspector of Prisons.

Refurbishments, extra staff training and a review of security will take place at HMP Rochester in response to concerns raised by the Chief Inspector of Prisons.

The prison received an Urgent Notification at the beginning of September, after inspectors found “endemic” drug use, increasing levels of violence and less than a third of prisoners in purposeful activity.

The Prison Service will conduct a full assessment of the prison’s security measures to tackle drug use and is urgently deploying extra support for senior leaders.

The prison will also deliver an improved programme of staff training, including on how to better support prisoners at risk of harm and prison security procedures.

The inspection also raised serious concerns around dilapidated accommodation, with inspectors describing it as “some of the worst conditions seen in recent years”. Priority cells, showers and windows will be refurbished immediately to ensure staff and prisoners have an adequate environment in which to live and work.

Minister for Prisons, Probation and Reducing Reoffending, Lord James Timpson, said:

This report is yet another example of the prison crisis we inherited. Violence and illicit drug use is at dangerously high levels and cells are in squalid conditions.

We are taking immediate action to improve conditions at HMP Rochester, offering additional support for our hard-working staff and addressing the drivers of violence.

The inspectors also highlighted that Rochester was failing in its rehabilitative purpose as a prison, with less than one third of the population engaged in purposeful activity during the working day. The prison is developing a new curriculum to get more prisoners into training and education that will help them find work on release.

The Urgent Notification at HMP Rochester marked the first category C prison, and the fourth prison overall in the last 12 months, to receive the worst possible result under HM Inspectorate of Prisons’ inspection framework.

The government is tackling the crisis it inherited and has already taken action to reduce overcrowding that is contributing to violence, pressure on staff and a decline in education and training.

The Urgent Notification process was introduced in 2017 to ensure immediate, urgent action was taken when necessary to address serious concerns identified by inspectors.

The press release issued by the Ministry of Justice on 24 September 2024.

Victims and bereaved families of any future major incident will be better supported with the launch of a new permanent bespoke position.

Recruitment for the Independent Public Advocate (IPA) has begun today (Tuesday 24 September).

The person selected for this important role will help victims of a major incident understand the actions of public authorities in relation to the incident.

They will ensure that victims’ views are taken into account during proceedings, speak to public authorities on their behalf, point them to any support and advice services and help them access information they are entitled to as part of any investigation, inquest or inquiry. They will also advise other advocates who may be appointed for individual incidents.

Meeting a key recommendation of Bishop James Jones’ 2017 report into the experience of the Hillsborough families, the government has also confirmed it will legislate to introduce a bill placing a duty of candour on public servants and public authorities.

This will require those covered by the duty to cooperate fully with inquiries and investigations, placing sanctions on those found to have lied, mislead or withheld information. The government also intends to include the prospect of criminal convictions for the most egregious breaches.

The government will also provide legal aid to victims of disasters or state-related deaths to support bereaved families at an incredibly difficult time following the loss of their loved ones.

The Independent Public Advocate role was created in Part 2 of the Victims and Prisoners Act 2024.

The advocate is expected to be in post next summer.

The press release issued by the Ministry of Justice on 24 September 2024.

The Government plans to reduce the number of women in custody by using early intervention and tackling the root causes of offending, the Lord Chancellor announced today.

A Women’s Justice Board will be established to bring together senior leaders in the criminal justice system, charities and government departments and publish a new strategy in the spring, Shabana Mahmood has confirmed.

Female offenders are often vulnerable, with over 60 per cent of women in prison reporting having experienced domestic violence and more than half having experienced abuse as a child.

The creation of the Women’s Justice Board recognises these distinct needs and advocates for a tailored approach to divert women away from custodial sentences. It will meet regularly to discuss and implement ways to intervene earlier before women’s offending becomes serious and better tackle the root causes of their offending.

The strategy will also focus on enhancing alternatives to prison, such as community sentences and residential women’s centres. Only around one third of female offenders sentenced to custody have committed a violent offence and prisons are not working to rehabilitate this group, with women serving short custodial sentences significantly more likely to reoffend than those serving community sentences.

The Board will be chaired by Lord Timpson, Minister of State for Prisons, Probation and Reducing Reoffending.

It will be held to account by experts from the voluntary and community sector, recruited by open competition to the new Women in Justice Partnership Delivery Group. This Group will regularly review and publish reports on the on the Board’s progress towards its goal of reducing the number of women in custody.

The Lord Chancellor also announced that free independent legal advocates will be in place from next year to support adult victims of rape across England and Wales.

Almost two-thirds of rape victims drop out of their case before it reaches trial so this service will help victims understand their rights and ensure access to mobile phones and medical data is proportionate to the investigation. When trialled in Northumberland, two-thirds of challenges to a request for victims’ data were successful and, in turn, reduced the volume of indiscriminate police requests in the first place.

More information on the scheme will be published in the coming months.

The press release issued by the Ministry of Justice on 17 September 2024.

UK legal services will be at the forefront of one of the world’s biggest legal gatherings this week to promote the UK as a place to do business.

The British Embassy in Mexico City will host a series of networking events on Tuesday 17 and Wednesday 18 September to bolster connections between the UK legal sector and global partners to highlight the UK Government’s commitment to driving economic growth through legal services exports.

Taking place alongside the International Bar Association (IBA) Annual Conference, the world’s largest global legal sector gathering, these events, held jointly with The Law Society of England and Wales, build on the success of previous GREAT Legal Services campaign activity which has resulted in millions of pounds worth of business deals.

In the last financial year, the campaign generated over £5 million in projected business wins for UK lawyers, and more than 800 business connections for UK legal professionals, and reached over 2.6 million online in key markets across the world.

Justice Minister, Heidi Alexander, said:

I’m proud of our legal services’ world-leading reputation. These networking events allow us to share our expertise with others and learn from them to maintain our competitive edge.

Importantly, promoting the UK’s legal sector abroad helps build connections and ultimately bring investment back to the UK. I would like to thank The Law Society for their role in helping to bring UK and international legal professionals together.

The GREAT Legal Services campaign was launched in 2017 to promote and support the strength of English and Welsh Law, the UK’s world-renowned independent judiciary, and our legal expertise to the global market.

Overall the UK’s legal sector generates billions for the UK economy with the latest figures showing it contributed £34 billion in 2022. In recent months key agreements have been made with other nations to strengthen the sector – including agreements with Japan, Greece and Malaysia – by allowing UK lawyers to practise abroad.

The IBA conference is the legal sector’s largest international event, with more than 5,000 attendees expected from law firms, governments, and regulators globally.

Further information

• Tuesday’s discussions on arbitration will cover key trends in Latin America, particularly in sectors such as energy, natural resources, renewables and infrastructure, with the aim of fostering dialogue and creating opportunities for UK lawyers in Latin American markets and related jurisdictions.
• Wednesday’s finance roundtable will highlight Mexico’s growing significance as a market, assessing the key challenges and opportunities that face financial institutions and businesses in the region and how the legal sector can effectively support businesses and the market to thrive.
• Also on Wednesday, for younger international lawyers, there is an event focusing on the Solicitors Qualifying Exam (SQE), providing the opportunity to learn more about working with English and Welsh Law.
• Rounding off the events, the Ministry of Justice and The Law Society of England and Wales will co-host a drinks reception to celebrate relationships and partnerships forged, and enable more business connections to be made.
• The events in Mexico City were supported by the Department of Business and Trade as part of broader work to grow trade between the UK and Mexico.

The press release issued by the Ministry of Justice on 11 September 2024.

Tech-savvy owners of Bitcoin and other digital assets will benefit from greater legal protection thanks to an important clarification to the law.

The Property (Digital Assets etc) Bill, introduced in Parliament today, will mean that for the first time in British history, digital holdings including cryptocurrency, non-fungible tokens such as digital art, and carbon credits can be considered as personal property under the law.

The Bill will also ensure Britain maintains its pole position in the emerging global crypto race by being one of the first countries to recognise these assets in law.

Previously, digital belongings were not definitively included in the scope of English and Welsh property law – leaving owners in a legal grey area if their assets were interfered with.

The new law will therefore also give legal protection to owners and companies against fraud and scams, while helping judges deal with complex cases where digital holdings are disputed or form part of settlements, for example in divorce cases.

Justice Minister Heidi Alexander said:

Our world-leading legal services form a vital part of our economy, helping to drive forward growth and keep Britain at the heart of the international legal industry.

It is essential that the law keeps pace with evolving technologies and this legislation will mean that the sector can maintain its position as a global leader in cryptoassets and bring clarity to complex property cases.

Today’s news also means the UK legal sector will be better equipped to respond to new technologies, attracting more business and investment to the legal services industry which is already worth £34 billion a year to the economy.

It is estimated that English law governs £250 billion of global mergers and acquisitions, and 40 per cent of global corporate arbitrations, so keeping the law up to date is vital to ensuring that the UK remains the law of choice internationally.

Notes to editors

• Digital asset is an extremely broad term, encompassing a variety of things such as digital files, digital records, email accounts, digital carbon credits, cryptoassets and non-fungible tokens (NFTs). The Law Commission’s recommendations only apply to a subset of digital assets, of which the main one is cryptotokens.
• Currently there are two categories of property, “things in possession” (e.g. gold, money, cars) and “things in action” (e.g. debts, shares). This Bill introduces a third category of “thing” to allow for certain digital assets to attract personal property rights.
• The action being taken on digital assets is in response to the Law Commission’s report in 2023. The MOJ commissioned the report to identify any barriers to the recognition of digital assets as property under English and Welsh private law and to recommend solutions.
• The Law Commission’s report summary can be found here.