Tag: Ministry of Justice

  • PRESS RELEASE : Government backs record numbers of female offenders into work [May 2024]

    PRESS RELEASE : Government backs record numbers of female offenders into work [May 2024]

    The press release issued by the Ministry of Justice on 13 May 2024.

    More female offenders than ever recorded before are in work 6 months after their release from prison as a direct result of government action – cutting crime and keeping the public safe.

    • female offenders steered away from crime thanks to targeted support
    • over £14 million invested to address root causes of female offending
    • part of government strategy to reduce number of women committing crime

    More than £14 million has been invested into women’s services in the community as part of the government’s Female Offender Strategy and Delivery Plan, helping female offenders get clean, move away from abusive relationships, and find work and stable accommodation.

    One year on since its launch, hundreds of female offenders have been supported into employment after their release from prison – up four per cent on the previous year.

    Specialist services have also provided female offenders with tailored mental health or drug treatment support. The number of female offenders being sent to prison has reduced by over a quarter since 2010.

    This support is key to cutting crime as around one-third of female offenders have a history of drug abuse and more than three-fifths of women have experienced domestic abuse.

    Prisons and Probation Minister, Edward Argar, said:

    We know many female offenders have suffered trauma in their lives or are battling addiction issues and it’s key that we tackle those underlying factors to help stop their offending and to make positive choices about their futures.

    Our approach is clearly working as the number of women serving short sentences is falling and more women are now in work, giving them the best chance to truly turn their backs on crime and keep the public safe.

    Tackling the root causes of female offending and providing women with the specialist support they need is a key part of the delivery plan, which aims to steer women away from prison. The Government has completed over a third of the commitments since it was published last year.

    This is alongside the launch of a new Intensive Supervision Court for women at Birmingham Magistrates’ Court which uses a problem-solving approach to divert low-level female offenders away from short prison sentences.

    The women sentenced through the court will have one-to-one meetings with judges to track their progress as well as access to wraparound multi-agency support to target the root causes of their offending.

    Without this wider support, around half of women who have been in prison will go on to re-offend, hitting taxpayers in the pocket to the tune of a total of £1.7 billion a year.

    Willowdene Residential Women’s Centre in Shropshire is one organisation that is receiving nearly £690,000 in funding between 2022 and 2025 to continue their support for vulnerable women through employment and life-skills training.

    Matt Home, Director of the Willowdene Rehabilitation Centre, said:

    Our approach has demonstrated that when we focus on the reasons why people commit crime or live a chaotic lifestyle then lives are transformed.

    The majority of women referred to Willowdene for committing an offence are victims and we believe that if we can deal with the trauma of their past then lives can be rebuilt – and that everyone should have the opportunity to realise their full potential.

    Notes to editors

    • the publication and the data dashboard can be viewed on GOV.UK
    • in 2022 to 2023, 233 women were employed at 6 months post-release, compared to 164 in 2021 to 2022. This is the highest the number has been since this data was first recorded in 2020
    • over 250 mental health treatment requirements were undertaken between April to June last year; an increase of 53.6% from the same period in 2022
  • PRESS RELEASE : Child rapists to automatically have parental responsibility stripped [May 2024]

    PRESS RELEASE : Child rapists to automatically have parental responsibility stripped [May 2024]

    The press release issued by the Ministry of Justice on 10 May 2024.

    Vile abusers who rape a child will have their own parental responsibilities automatically removed under new laws.

    • paedophile rapists will automatically lose the right to have a say in their child’s life
    • innocent parents saved from instigating and funding court battles
    • changes to Criminal Justice Bill build on landmark Jade’s Law

    An amendment to the Criminal Justice Bill tabled by the government today (10 May 2024) will mean when child rapists are sentenced, their ability to make decisions about their own children’s lives will also be suspended.

    The change will apply in cases where the perpetrator attacks any child.

    This builds on Jade’s Law, introduced through the Victims and Prisoners Bill currently progressing through the Lords, which applies an automatic suspension of parental responsibility in cases where a perpetrator has killed a partner or ex-partner with whom they share children.

    Lord Chancellor and Justice Secretary, Alex Chalk KC, said:

    Our priority will always be to make sure the best interests of children are protected.

    This new law will ensure they are automatically safeguarded against those whose despicable actions have shown them to utterly lack any nurturing and caring instincts.

    This amendment will also provide important protections for innocent parents.

    While the courts do have the power to strip parental responsibility when it is in the best interest of a child, currently it requires families and former partners of perpetrators to instigate and fund proceedings to secure these orders to protect their children. Costs for these types of proceedings can run into tens of thousands of pounds.

    However, under the new rule, parental responsibility will be automatically suspended.

    It means the perpetrator will no longer have any say over key elements of a child’s life – including whether they can access therapeutic support, go on holiday or change schools.

    The case will then be referred to the family courts, and it will be for the perpetrator to prove to a judge it is in the child’s best interests for their parental responsibility to be reinstated.

    Justice Minister, Laura Farris, said:

    It is right that those who commit the most vile and unspeakable act against children should have their parental responsibility automatically removed rather than this being something the innocent parent is required to apply for.

    I want to thank those who have campaigned for this change including Harriet Harman and Sanchia Berg for bringing this issue to the fore.

    The new law will be subject to a review after three years to ensure it is working for victims and innocent parties, and to evaluate how the power may be developed.

    The government also tabled amendments to the Criminal Justice Bill to:

    • Introduce a new offence of creating a sexually explicit deepfake image, meaning anyone who creates such an image without consent for their own sexual gratification or to cause alarm, humiliation or distress faces a criminal record and unlimited fine.
    • Create a new statutory aggravating factor to tackle offenders who cause death through abusive, degrading or dangerous sexual behaviour meaning so-called ‘rough sex’ killers face tougher sentences than ever before.
    • Strengthen the law on sexual activity in the presence of a child, removing the need to prove the perpetrators knew, believed, or intended that the child was aware of the sexual act ensuring no prosecutions are missed.
    • Update the language of the Offences Against the Person Act 1861, to make crystal clear in law and to the public that spiking is illegal.

    The government previously amended the Victims and Prisoners Bill to introduce an automatic suspension of parental responsibility in tragic cases where one parent has killed the other, also known as ‘Jade’s Law’.

    This law is named after Jade Ward, who was murdered by her former partner in 2021. Her family campaigned tirelessly to change the law after her murderer was able to continue to take part in decisions relating to their four children inflicting further trauma on them and Jade’s parents.

    Notes to editors

    • Under this new approach local authorities will be responsible for making the application to the family courts, shielding the families involved from the burden of initiating proceedings and meeting legal costs. MOJ will be funding the additional costs this will create for local authorities via the New Burdens process.
    • The family court ‘review’ stage will allow for detailed consideration of the best interests of any children involved in the case, the cornerstone of the Children Act 1989. It will also provide an opportunity for the perpetrator to make representations as to why they feel they should retain their parental responsibility, in line with Article 8 of the European Convention on Human Rights (ECHR).
    • In determining the child’s welfare needs, the family court will apply the factors set out in the ‘welfare checklist’ in the Children Act 1989. These include the ascertainable wishes and feelings of the child concerned, the impact on the child of any change in circumstances, and how capable each parent is of meeting the child’s needs. The court will also consider any harm the child has suffered or is at risk of suffering.
    • Parental responsibility can already be restricted by the court through a range of orders if it is in the best interests of the child. In the most serious cases, this can effectively amount to restricting all exercise of parental responsibility. These types of orders include Prohibited Steps Orders and Specific Issues Orders and they can be made whether the parent has been convicted of a crime or not.
    • The family court can also prevent an individual attempting to repeatedly bring issues back before the court as a form of abuse through measures such as a Section 91(14) Order. These orders prohibit an individual from making further applications without the court’s permission, for example in cases where a perpetrator may seek to repeatedly bring a victim back to court as a means of perpetuating their abuse.
  • PRESS RELEASE : International law must be “fit for the challenges of 21st century” [May 2024]

    PRESS RELEASE : International law must be “fit for the challenges of 21st century” [May 2024]

    The press release issued by the Ministry of Justice on 9 May 2024.

    International law must remain in lockstep with the changing 21st century world and the needs of citizens or face irrelevance the Lord Chancellor, Alex Chalk, will stress to the G7’s justice leaders today (9 May 2024).

    • Lord Chancellor will warn that international law must be “a living instrument”, and “not suspended in time”
    • he will also outline the government’s lawful approach to combating illegal migration
    • it comes as Justice Ministers attend G7 forum to discuss increasing issues relating to law and justice

    At the G7 Justice Ministers’ Meeting in Venice, the Lord Chancellor will acknowledge the unique value the forum brings in tackling the issues of law and justice currently facing the international system.

    Speaking at the meeting, the Lord Chancellor is expected to say:

    The international rules-based order, and so many of the legal frameworks we rely on for our peace and prosperity, emerged out of the ashes of World War II –- a completely different world from the one we live in today. Our nations are now grappling with new, thorny issues, from how to respond to mass migration as millions march across the world to the spectre of climate change, and the advent of new technologies, like AI, with all the opportunities and risks they bring.

    If the law is to be respected by our citizens, it must deliver for them. Its frameworks must be capable of responding to 21st century problems. To be irrelevant is to be ignored, or still worse held in contempt – which risks damaging our freedom, safety and security.

    The Lord Chancellor is expected to discuss the UK government’s priorities on illegal migration and demonstrate the UK’s action as proportionate and necessary:

    The Rule of Law isn’t just about ensuring all are equal before the law – important though that is. It also means ensuring that those who don’t abide by the law aren’t materially advantaged by doing so. Illegality must have consequences.

    The UK is not alone in facing these pressures – all of us are. Tackling smuggling gangs requires coordinated sustained international cooperation, including targeted upstream intervention.

    He will conclude by outlining how the rule of law must help countries to protect their borders and will describe the law as a “living instrument” which must be up to date and tailored to reality:

    There will be some who take the view that the law should be no impediment to tackling irregular migration. But it is important for all of us here to be the voice that says “no”. We must uphold the rule of law, but it can also help us to protect our borders if we approach it in the right way.

    The law is a living instrument, not suspended in time. It must underpin our citizens’ rights and freedoms, and to do that, it must also be up to date, and tailored to reality.

    As a group of nations, it’s right that we should consider together the direction of travel for international law, to reinvigorate the rules-based order, so that it is fit to respond to the challenges of the 21st century.

    The remarks come as the Lord Chancellor attends the G7 in Venice over the 9 and 10 May. Whilst there, he will meet with his counterparts to discuss key issues facing the world – including continued support for Ukraine, and how to best tackle illegal migration and drug trafficking.

  • PRESS RELEASE : Pioneering free therapy pilot to support jurors [May 2024]

    PRESS RELEASE : Pioneering free therapy pilot to support jurors [May 2024]

    The press release issued by the Ministry of Justice on 8 May 2024.

    First-of-its-kind counselling and 24/7 support for jurors following difficult cases.

    • Six free sessions for jurors who hear disturbing evidence, including murder, abuse and cruelty
    • Targeted pilot to roll out across 15 Crown Courts in England and Wales

    Jurors who have experienced mental and emotional strain following difficult cases, such as the Lucy Letby trial, will be entitled to free counselling sessions as part of plans announced today (8 May 2024).

    Many people find their experience of jury service to be fulfilling and are supported throughout by full-time court staff. But for those who do experience upset, further help is currently limited to signposting to a GP or the Samaritans – this can leave some to feel isolated following their civic duty.

    The new pilot would provide specialist expert support for jurors offering 6 free counselling sessions – alongside a 24/7 telephone helpline for round-the-clock triage support, advice and information.

    The justice system depends on the public joining a jury when they are called, and today’s news will provide further reassurance that those who hear distressing evidence of murder, abuse and cruelty will get the support they need, when they need it.

    The programme will be piloted in 15 courts across England and Wales from Summer 2024.

    Justice Minister Mike Freer said:

    Juries are the cornerstone of the criminal justice system, and sitting on a trial is rightly regarded as the ultimate responsibility of an honest, law-abiding citizen.

    This pilot is an important step in assessing how we can best support jurors, who perform such a vital civic duty, often in complex, high-profile cases.

    Crown Courts in London, Liverpool, Mold, Birmingham, Bristol and Teesside are among the regions selected for the scheme.

    Welcoming the announcement, Senior Lecturer in Forensic Psychology at Manchester Metropolitan University, Dr Hannah Fawcett said:

    This pilot project is a positive first step in recognising some of the potential psychological challenges of participating in jury duty and supporting those who have been affected by distressing cases.

    I welcome the introduction of specialist wellbeing support for jurors, who play such an important role in creating a safe and fair society for us all.

    The pilot will be funded by the Ministry of Justice and will run for approximately ten months, during which time HMCTS will identify how best to direct resources on an ongoing basis to support the jurors who give their time to serve the criminal justice system.

    This announcement comes during Juror Appreciation Week, to mark the country’s gratitude for everyone who gives up their time to ensure justice is done.

    Note to editors

    The pilot is due to be launched in Summer 2024 following the standard department procurement process.

  • PRESS RELEASE : Reappointment to the Legal Services Board [May 2024]

    PRESS RELEASE : Reappointment to the Legal Services Board [May 2024]

    The press release issued by the Ministry of Justice on 8 May 2024.

    The Lord Chancellor, after consulting the Lady Chief Justice, has approved the reappointment of Dr Gary Kildare as a lay member of the Legal Services Board.

    Dr Gary Kildare is the former Chief HR Officer Europe and Global Head of Labour Relations for the IBM Corporation. He is also: a Non-Executive Director (NED) to the Insolvency Service; a NED for the Defence Infrastructure Organisation (MOD) and Chair of the People Committee; a board member of the British Quality Foundation; an Independent Non-Executive for Crowe UK LLP a leading Tax and Advisory Services firm; a member of The Court of Heriot-Watt University in Edinburgh and; a Board Advisor and mentor for Criticaleye Network of Leaders.

    Gary is a Chartered Fellow of the Institute of Personnel and Development, a Fellow of the Royal Society of Arts and a visiting professor in Business at Edinburgh Napier Business School.

    LSB is the independent body overseeing the regulation of lawyers in England and Wales. Its goal is to reform and modernise the legal services marketplace by putting the interests of consumers at the heart of the system. It is independent of government and the legal profession and oversees the approved regulators which themselves regulate lawyers.

    LSB also oversees the Office for Legal Complaints and its administration of the Legal Ombudsman scheme that resolves complaints about lawyers.

    Appointments and reappointments are made by the Lord Chancellor, under the Legal Services Act 2007, and are regulated by the Commissioner for Public Appointments. These reappointments have been made in line with the Governance Code on Public Appointments.

  • PRESS RELEASE : Three Commissioners appointed to the Judicial Appointments Commission [May 2024]

    PRESS RELEASE : Three Commissioners appointed to the Judicial Appointments Commission [May 2024]

    The press release issued by the Ministry of Justice on 8 May 2024.

    His Majesty The King, on the advice of the Lord Chancellor, has approved the appointment of the 3 Commissioners to the Judicial Appointments Commission (JAC). All are appointed for a term of 3 years. Details of the appointees and their appointment dates are listed below.

    Those appointed are:

    • Her Honour Judge Angela Rafferty KC (Judicial Commissioner) – commencing 9 June 2024;
    • Nicolina Andall (Professional Commissioner) – commencing 1 July 2024; and
    • Tom Cross (Professional Commissioner) – commencing 1 July 2024.

    The JAC is an independent body that selects candidates for judicial office in courts and tribunals in England and Wales, and for some tribunals with UK-wide jurisdiction. Candidates are selected on merit, through fair and open competition.

    JAC Commissioners are appointed, under Schedule 12(1) of the Constitutional Reform Act 2005, by His Majesty The King on the recommendation of the Lord Chancellor. Commissioner appointments comply with the provisions of the Judicial Appointment Commission Regulations 2013.

    Biographies

    Her Honour Judge Angela Rafferty KC

    Since 2019, Her Honour Judge Rafferty KC has sat as a Senior Circuit Judge at the Central Criminal Court. Her other current judicial roles include, since 2018, training Metropolitan Police Officers in serious sexual offences and, since 2019, training judges in Scotland, Northern Ireland and England.

    Nicolina Andall

    Nicolina is a Solicitor with a long history of working in the City and International Engineering companies. She is also a Non-Executive Director and has served on a range of corporate, advisory, charity and not for profit boards for over 10 years. Nicolina has recently been promoted to Deputy Chair of the London Recruitment Advisory Committee, Lord Chancellors Department.

    Tom Cross

    Called to the Bar in 2007, Tom practises from 11KBW Chambers specialising in a range of areas including public and regulatory law, civil liberties and human rights, education, professional discipline, and employment law. Much of his work concerns issues of equality law. His current appointments include the Attorney-General’s ‘A’ Panel of Crown Counsel.

  • PRESS RELEASE : Government backs amendment to better protect victims’ counselling records [April 2024]

    PRESS RELEASE : Government backs amendment to better protect victims’ counselling records [April 2024]

    The press release issued by the Ministry of Justice on 23 April 2024.

    New legislation will provide extra protections for victims’ counselling notes during criminal investigations.

    • New measure to provide extra protections for victims’ counselling notes
    • Greater scrutiny and protection for victims’ privacy through statutory Code of Practice
    • Protections to encourage victims to seek professional help

    New legislation to provide extra protections for victims’ counselling notes during criminal investigations received government backing today.

    The amendment to the landmark Victims and Prisoners Bill, tabled by Baroness Bertin, will require the police to be satisfied that counselling information is likely to add substantial value to their investigation before they request a victim’s records.

    It will also provide further protections in the new statutory Code of Practice, which will state clearly that police must start with an assumption that a request for counselling notes is not necessary and proportionate to their investigation.

    The move will give greater confidence to victims – particularly those of sexual assault – in seeking the therapy they need to help move forward with their lives, without fear that information revealed in absolute trust will be used against them.

    Lord Chancellor, Alex Chalk KC, said:

    It is only right we do everything we can to ensure victims feel confident in accessing support services such as counselling which are vital in helping them rebuild and move on with their lives.

    I want to thank Baroness Bertin for her enduring commitment to improving the experience of victims, giving them greater confidence in the justice system.

    Baroness Bertin said:

    I am delighted and proud that the government has accepted these much needed amendments.

    If enforced properly, this should make a material difference to the wellbeing of so many victims and survivors.

    This government is making every effort to change the approach taken to rape survivors and investigations. This is another step in the right direction.

    It should never be the case that intimate and personal notes are routinely accessed by law enforcement agencies. By raising this threshold I hope many more victims will pursue both justice and support to get their lives back on track.

    Andrea Simon, Director of the End Violence Against Women Coalition (EVAW), said:

    This is a significant moment for rape survivors and their right to access healing and support while pursuing justice.

    Counselling should be a safe and private space to explore feelings and heal from trauma, and records must be protected from unnecessary and disproportionate requests during a police investigation. We’re pleased to see this now reflected far better in law, although much rests on its implementation, which we will be following closely.

    Ciara Bergman, CEO of Rape Crisis England & Wales, said:

    We are delighted that the Government has recognised the profoundly private nature of counselling notes and that such sensitive and personal material will now be afforded better protection. This is a significant step in the right direction, and we look forward to working closely with victims and survivors and criminal justice agencies, to ensure that this much-needed change in law is implemented consistently in practice.

    Further amendments to the Victims and Prisoners Bill to strengthen victim support include:

    • a crackdown on the misuse of confidentiality clauses to stop victims of crime accessing support services
    • a new statutory duty holding the police and other criminal justice agencies to account which means they must not only inform victims of their rights under the Victims’ Code – but deliver services in accordance with it
    • a bolstered role for Victims’ Commissioner to ensure support available to all victims
    • families can make impact statements at mental health tribunals

    Through the Victims and Prisoners Bill, the principles of the Victims’ Code will be placed on a statutory footing, and police, prosecutors and other frontline staff will have a duty to ensure victims know the services and support that they are qualified to receive – including the entitlement to be referred to a support service, receive updates on their case and to make a victim personal statement.

    Alongside new legislation, the government is also continuing to bolster support services – quadrupling victims’ funding by 2024/25, up from £41 million in 2009/10, and using ringfenced funding to increase the number of Independent Sexual Violence and Domestic Abuse Advisors by 300 to around 1,000 – a 43% increase by 2024/5.

    Further information

    Alongside new legislative clauses in the Police, Crime, Sentencing and Courts Act 2022 relating to Victim Information Requests, the government will be publishing a Code of Practice to accompany new duties, which will add clarity on the expectations on policing and promote consistency in practice.

    The code will set out a best practice approach for police making requests for victim information, including giving information to the victim about what is being requested, and how the material will be used. Police will be required to have due regard for this code when making requests. The Code will be consulted on before it is published.

    The amendment will be subject to agreement by both the House of Lords and the House of Commons.

  • PRESS RELEASE : Contract awarded for UK’s first all-electric ‘green’ prison [April 2024]

    PRESS RELEASE : Contract awarded for UK’s first all-electric ‘green’ prison [April 2024]

    The press release issued by the Ministry of Justice on 23 April 2024.

    Mitie Care & Custody has been awarded the contract to operate HMP Millsike, the UK’s first all-electric prison that will provide around 1,500 places.

    • Mitie Care & Custody awarded 10-year contract following rigorous competition
    • Green prison will use 75% less energy than older prisons
    • Boost to Yorkshire economy with hundreds of jobs and over £117 million spent locally

    Due to open next year, the Category C prison is the third new prison being built as part of the government’s £4 billion prison expansion programme, delivering 20,000 new places.

    The appointment follows a competitive bidding process where Mitie Care & Custody set out a strong proposal.

    When opened, the category C prison in Yorkshire will hold 1,500 prisoners who will spend their sentences learning the skills they need to find work on release as part of the government’s drive to cut reoffending and keep the public safe.

    In addition, Mitie Care & Custody has committed to deliver drug treatment that supports abstinence-based recovery for prisoners in prison and after their release, a learning package tailored to prisoners to help them boost their skills, and 1,000 living wage jobs for prison leavers over the course of the contract.

    Prisons Minister Edward Argar said:

    We are creating modern and secure prisons with rehabilitation at their heart so we can turn offenders lives around for good and cut crime and reoffending further.

    We are building 20,000 prison places now that we are keeping the most dangerous offenders behind bars for longer and I look forward to seeing Mitie Care & Custody’s innovative approach in action when HMP Millsike opens next year.

    HMP Millsike will run solely on electricity, making it the first of its kind in the UK. The build will use solar panels, heat pump technology and more efficient lighting systems to run the prison, meaning that it will use approximately a quarter of the energy used to heat traditional Victorian prisons.

    The government believes that a mix of public, voluntary and private sector involvement is key to the success of our prisons and it has been shown to introduce improvements and deliver value for money for taxpayers. Appointing Mitie Care & Custody as a new private operator of prisons helps to increase the diversity and resilience of the market and brings fresh ideas and approaches.

    The building of the prison has already provided offenders with valuable work experience, with prisoners on day release supporting its construction, learning key construction skills, as well as transferable skills such as teamwork, communication and organisation that will help them find jobs at the end of their time in prison.

    Over £117 million has been invested in the local community through the construction so far, and Mitie Care & Custody will employ over 500 people when the prison is operational.

    Danny Spencer, Managing Director, Mitie Care & Custody, said:

    As proud partners to the public sector, we are pleased to have been awarded this contract to operate HMP Millsike.

    With our experience delivering critical public services to support the immigration, justice and care sectors, as well as our expertise in facilities transformation and decarbonisation, we are excited to bring a modern and caring approach to prison management at this innovative new site.

    The news comes as the Ministry of Justice also confirmed Serco has been awarded a new contract to continue operating HMP Ashfield, a Category C prison in South Gloucestershire. The contract will run for 10 years.

    Notes to editors

    • Mitie Care & Custody will operate HMP Millsike for 10 years from its opening in 2025.
    • The contract with Mitie is worth £329 million. Many privately-run prisons are among the best performing across the estate and have been praised by independent inspectors and HMP Millsike’s contract award is reflective of this.
    • Through its specialist Care & Custody business, Mitie delivers a range of critical public services to support the immigration, justice and care sectors. This includes managing Immigration Removal Centres on behalf of the Home Office and delivering healthcare services for custody detention suites. Mitie also provides facilities management services within the UK prison estate.
    • Situated on land next to the existing HMP Full Sutton, HMP Millsike has been named after Millsike Beck, a local river that runs adjacent to the new jail, firmly embedding the prison into its local community.
    • We have embarked on the largest prison building programme since the Victorian era, creating 20,000 modern places, and are on track to have delivered around 10,000 by the end of 2025.
  • PRESS RELEASE : Government cracks down on ‘deepfakes’ creation [April 2024]

    PRESS RELEASE : Government cracks down on ‘deepfakes’ creation [April 2024]

    The press release issued by the Ministry of Justice on 16 April 2024.

    Despicable people who create sexually explicit ‘deepfakes’ will face prosecution under a new law announced by the government today (16 April 2024).

    • making a sexually explicit ‘deepfake’ image to be a new offence
    • those convicted of this immoral crime face prosecution and an unlimited fine
    • latest measure in a huge programme of work to better protect women

    Under the new offence, those who create these horrific images without consent face a criminal record and an unlimited fine. If the image is then shared more widely offenders could be sent to jail.

    The new law will mean that if someone creates a sexually explicit deepfake, even if they have no intent to share it but purely want to cause alarm, humiliation or distress to the victim, they will be committing a criminal offence.

    It will also strengthen existing offences, as if a person both creates this kind of image and then shares it, the CPS could charge them with two offences, potentially leading to their sentence being increased.

    Deepfake images have become more prevalent in recent years, with images being viewed millions of times a month across the world. The fake images and videos are made to look hyper-realistic with the victim usually unaware and unable to give their consent to being sexualised in such a way.

    Today’s announcement is the latest step in a huge programme of work aimed at tackling this emerging and deeply distressing form of abuse against abuse towards women and girls.

    Last year, reforms in the Online Safety Act criminalised the sharing of ‘deepfake’ intimate images for the first time. This new offence, which will be introduced through an amendment to the Criminal Justice Bill, will mean anyone who makes these sexually explicit deepfake images of adults maliciously and without consent will face the consequences of their actions.

    Minister for Victims and Safeguarding, Laura Farris, said:

    The creation of deepfake sexual images is despicable and completely unacceptable irrespective of whether the image is shared.

    It is another example of ways in which certain people seek to degrade and dehumanise others – especially women. And it has the capacity to cause catastrophic consequences if the material is shared more widely. This government will not tolerate it.

    This new offence sends a crystal clear message that making this material is immoral, often misogynistic, and a crime.

    This government has made it a priority to better protect women from physical, emotional and online abuse through changes to the law.

    As part of the Criminal Justice Bill, which continues its passage through Parliament, the government is also creating a range of new criminal offences to punish those who take or record intimate images without consent – or install equipment to enable someone to do so.

    These changes in the Criminal Justice Bill will build on the existing ‘upskirting’ offence, making it a criminal offence to

    • intentionally take or record an intimate image or film without consent or a reasonable belief in consent
    • take or record an intimate image or film without consent and
    • with intent to cause alarm, distress or humiliation; or
    • for the purpose of sexual gratification

    The government has also re-classified violence against women and girls as a national threat, meaning the police must prioritise their response to it, just as they do with threats like terrorism – as well as ongoing work to tackle image-based abuse.

    In March the first person was sentenced under the new Cyberflashing offence, which came into force in January via the Online Safety Act.

    Nicholas Hawkes, who was 39 at the time of sentencing, sent images of his genitals to a 15-year-old girl and a woman, and received a sentence of more than a year in prison.

    Cally Jane Beech, a campaigner and former Love Island contestant said:

    This new offence is a huge step in further strengthening of the laws around deepfakes to better protect women.

    What I endured went beyond embarrassment or inconvenience. Too many women continue to have their privacy, dignity, and identity compromised by malicious individuals in this way and it has to stop. People who do this need to be held accountable.

    Deborah Joseph, European Editorial Director of GLAMOUR said:

    GLAMOUR welcomes the Ministry of Justice’s plans to table an amendment to the Criminal Justice Bill, which must put the safety of women online at the centre of this conversation.

    In a recent GLAMOUR survey we found 91% of our readers believe deepfake technology poses a threat to the safety of women, and from hearing personal stories from victims, we also know how serious the impact can be.

    While this is an important first step, there is still a long way to go before women will truly feel safe from this horrendous activity.

    In 2022, the Sexual Offences Act 2003 was amended to extend voyeurism offences to cover non-consensual images of breastfeeding.

    As part of wider government work to protect women and girls, cowards who kill their partners with sexual violence will face longer behind bars. A new statutory aggravating factor will be brought in for offenders who cause death through abusive, degrading or dangerous sexual behaviour – or so-called ‘rough sex’.

    A new statutory aggravating factor for bitter former partners who murder at the end of a relationship is also in the Criminal Justice Bill, as part of reforms following recommendations made in Clare Wade KC’s Domestic Homicide Sentencing Review.

    Notes to editors

    • This offence will apply to images of adults. This is because the law already covers this behaviour where the image is of a child (under the age of 18).
    • The Domestic Homicide Sentence Review was commissioned in 2021 to examine whether the sentencing framework should be reformed to better reflect the seriousness of domestic homicide and to identify options for improvements.
    • The Murder Sentencing consultation ran for 14 weeks and closed on 4 March, 2024. A government response will be published in due course.
  • PRESS RELEASE : Tough new measures to bolster landmark victims’ law [April 2024]

    PRESS RELEASE : Tough new measures to bolster landmark victims’ law [April 2024]

    The press release issued by the Ministry of Justice on 9 April 2024.

    Victims of serious crimes committed by those with mental disorders will be able to explain in their own words the impact the offence has had on them.

    • Decisive government action to hold criminal agencies to account
    • Bolstered role for Victims’ Commissioner to ensure support available to all
    • Victims and families able to make impact statements at Mental Health Tribunal

    Victims of serious crimes committed by those with mental disorders will be able to explain in their own words the impact the offence has had on them, thanks to tough new amendments to the Victims and Prisoners Bill.

    New measures will mean survivors are provided with the opportunity to make a Victim Impact Statement during the Mental Health Tribunal process, which takes places before offenders are released and allows survivors to request release conditions.

    The police and other criminal justice agencies will also be placed under greater scrutiny through a new statutory duty, which will mean they have to not only inform victims of their rights under the Victims’ Code – but deliver services in accordance with it.

    Compliance with this duty will be overseen by the Victims’ Commissioner, and ministers will be required to consult the commissioner when agencies fail to deliver the required standard of services for victims ahead of being issued “notifications of non-compliance”.

    Lord Chancellor and Secretary of State for Justice, Alex Chalk KC, said:

    Navigating the criminal justice system can feel complex and overwhelming so it is right that we hold agencies to account to ensure victims are getting the support they need.

    These new duties will improve transparency, accountability and consistency, ensuring all victims receive support wherever they are, whatever the crime.

    Justice Minister, Edward Argar, said:

    The Victims’ and Prisoners Bill is a pivotal step towards ensuring all victims feel listened to, supported, informed, and are treated with dignity and respect.

    These additional measures build on those foundations and will mean victims always know what help they should receive.

    The Home Office is also tabling an amendment which will make it mandatory for the police to notify schools and colleges when they believe a child may be a victim of domestic abuse, so that they can provide support at the earliest possible opportunity. This builds on the landmark Domestic Abuse Act, which formally recognises children as victims in their own right when they see, hear or experience the effects of domestic abuse.

    Minister for Victims and Safeguarding, Laura Farris said:

    Today’s amendments stand as testament to the importance of victims’ voices, transparency and information sharing throughout the criminal justice system.

    We have already legislated to ensure children are recognised as victims of domestic abuse in their own right, but we are now going further and ensuring that the police inform schools when abuse occurs, which will improve protection for vulnerable children.

    Further amendments to the bill tabled by the government include:

    • a requirement to consult the Victims’ Commissioner on all changes to the Victims’ Code, to ensure measures are in the best interests of victims of crime
    • a requirement for ministers to review agencies’ compliance with the Code to publish public non-compliance notifications to tackle severe and persistent issues, ensuring no agency can hide if they are not providing victims with the support they deserve
    • a duty for ministers to publish an annual report on compliance with the Victims’ Code
    • clarification that confidentiality clauses cannot be legally enforced if they prevent victims from reporting a crime and will ensure information related to criminal conduct can be disclosed to support services without fear of legal action

    The bill will also cement in primary legislation the four overarching principles which must underpin the Victims’ Code. These are that victims require:

    • information to help them understand the criminal justice process
    • access services which support them (including, where appropriate, specialist services)
    • the opportunity to make their views heard in the criminal justice process; and
    • the ability to challenge decisions which have a direct impact on them

    Alongside new legislation, the government is also continuing to bolster support services, quadrupling victims’ funding by 2024 to 2025, up from £41 million in 2009 to 2010, and using ringfenced funding to increase the number of Independent Sexual Violence and Domestic Abuse Advisors by 300 to around 1,000 – a 43% increase by 2024 to 2025.

    Further information

    The Ministry of Justice’s #VictimsCode campaign aims to raise awareness of the Victims’ Code and ensure that victims of crime are aware of the rights that they can expect to receive, and the support available to them, as they move through the criminal justice system. The campaign aims to promote that the Victims’ Code is there for every victim, whatever the crime. The campaign directs victims to understand their rights at victimscode.org.uk.