Tag: Ministry of Justice

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

Families will benefit from new early legal advice to spare them stress of court.

Thousands of families will be spared the stress of court or obtain speedier justice thanks to £56 million announced in the Spring Budget.

This will mean families can access early legal advice and resolve their disputes away from the court room, such as agreeing child arrangements, and forms part of a wider £170 million investment into the justice system announced this week.

At the same time, vulnerable families with serious safeguarding concerns such as domestic abuse and child safety will benefit from the expansion of a new model which will see increased support and a less adversarial approach in the family courts.

The investment into the justice system will increase the use of new technology and artificial intelligence to boost productivity and deliver better value to the taxpayer.

This includes streamlining probation processes to bolster public protection and better assess an offender’s risk, as well as a new online system for prison staff to make administrative tasks quicker and easier.

Increased digitisation will also save significant administrative time across the justice system ensuring frontline staff can better focus on delivering justice and keeping the public safe.

As part of the package announced this week, £100 million will be invested in measures in prison designed to support rehabilitation and cut crime, such as schemes to help offenders find work on release. The investment will also be used to hire more staff and refurbish the workshops prisoners rely on to learn the skills that will turn them away from crime.

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

This significant new investment will ensure thousands more families can access the legal advice they need to resolve their disputes as early as possible – without the trauma of courtroom battles.

It will also allow us to harness new technologies and fund innovative schemes, such a risk profiling for offenders, that will drive down reoffending and keep the public safer, while delivering better value for taxpayers and a more efficient justice system.

This announcement forms part of plans for government to deliver up to £1.8 billion worth of benefits by 2029 through a total £800 million investment.

The press release issued by the Ministry of Justice on 4 March 2024.

New laws will see harmful content filmed inside prisons removed from social media platforms more quickly – shielding victims from further trauma and protecting prison security.

The Prison Media Bill, introduced by Katherine Fletcher MP, will for the first time put beyond doubt the illegality of filming and uploading footage filmed behind bars.

Currently it is not an offence for someone outside a prison to upload a video they have been sent by someone in custody.

The new laws close this loophole and criminalise posting of videos – as well as photographs and audio recordings – regardless of whether the uploader is in custody or not. It will also criminalise unauthorised filming of staff, including by so-called ‘auditors’, or content captured by drones. Those found guilty will face prosecution and an unlimited fine.

Crucially by creating new offences social media companies will now be compelled to remove the illegal content quicker.

Last year 890 pieces of harmful prison content were found online – retraumatising victims, threatening the security of our prisons and the safety of staff.

Edward Argar MP, Minister for Prisons, Parole and Probation, said:

Tackling harmful content filmed behind bars is critical to our plan to protect the public and ensure the safety and security of our prisons.

There is no place for such footage on the internet, and our priority is safeguarding the welfare of victims and our hardworking staff.

Those who upload this illegal content will no longer have anywhere to hide.

Katherine Fletcher, MP, who introduced the Private Members’ Bill that the government is supporting, said:

Crucially, for the first time, this Bill means it will not matter whether the uploading of unauthorised images happened inside or outside the prison – an offence would have been committed either way. The public and particularly victims of crime must have confidence that images of those convicted of offences are not shown to the outside world to be commented on or celebrated.

Importantly, the Bill will also force social media platforms to remove such content as their use would then be for illegal or unlawful purposes and against their terms of service.

Previously content filmed in prisons has remained on social media platforms if it could not be proven that it was uploaded from inside a prison’s walls.

The Bill toughens up existing legislation, namely the Prison Act 1952, by removing the loopholes that criminals have been hiding behind to disseminate illicit and distressing content to the public.

It follows a £100 million investment in prison security, with airport-style scanners stopping illegal mobile phones being smuggled by prisoners internally and new airspace restrictions making it illegal to fly a drone within 400 metres of a prison.

The press release issued by the Ministry of Justice on 4 March 2024.

Ordinary people mistreated or wronged by big, powerful companies will have a better chance of bringing them to court to access justice, thanks to plans unveiled today (4 March 2024).

The Lord Chancellor, Alex Chalk, will introduce a new law to make it easier for members of the public to secure the financial backing of third parties when launching complex claims against moneyed corporations with sizeable legal teams which they could otherwise ill-afford.

Today’s news will restore the position that existed before the Supreme Court’s ruling last year, which made many litigation funding agreements unenforceable. As a result, cases can continue being funded.

The new legislation makes it easier for members of the public to secure funding for their legal fights against powerful corporations – such as those caught up in the Horizon scandal.

This move has been called for by people who have needed third-party litigation funding in the past, including former sub-postmaster Alan Bates, who described his case as a David vs Goliath. The post-masters’ claim was only possible due to the backing of a litigation funder.

Lord Chancellor, Alex Chalk, said:

It’s crucial victims can access justice – but it can feel like a David and Goliath battle when they’re facing powerful corporations with deep pockets.

This important change will mean more victims can secure vital third party funding to level the playing field and support their fight for justice.

The sub-postmasters were able to secure third party funding in their legal action against the Post Office. Now others will too.

The government is also considering options for a wider review of the sector and how third-party litigation funding is carried out. This could consider whether there is a need for increased regulation or safeguards for people bringing claims to court, particularly given the growth of the litigation funding sector over the past decade. Further details will be set out in due course.

Notes to editors

• this legislation will be introduced shortly
• this legislation only applies to England and Wales
• the next steps and any Terms of Reference of the review will be set out in due course

The press release issued by the Ministry of Justice on 4 March 2024.

The government has relaunched the recruitment process for the Victims’ Commissioner in line with the standard public appointments process.

The competition will run from today (4 March 2024) until 25 March 2024 with the successful candidate taking on the role in the following months.

The Victims’ Commissioner promotes the interests of victims and witnesses, encourages good practice in their treatment, and regularly reviews the Code of Practice for Victims which sets out the services victims can expect to receive.

The Victims and Prisoners Bill bolsters the role of the Victims’ Commissioner by requiring authorities within their remit to publicly respond to their recommendations and set out the rationale for accepting or rejecting them.

Note to editors

The job advert can be found at Role details – Victims’ Commissioner for England and Wales – Apply for a public appointment – GOV.UK

The press release issued by the Ministry of Justice on 26 February 2024.

The Lord Chancellor has announced the appointment of The Honourable Mr Justice Swift as Deputy Chair of the Boundary Commission for England (BCE).

Mrr Justice Swift is appointed from 16 February 2024 to 15 February 2027.

Appointments and reappointments are regulated by the Commissioner for Public Appointments, and have been made under Section 3(a) of Schedule 1 of the Parliamentary Constituencies Act 1986, and are in line with the Governance Code on Public Appointments.

The Boundary Commission for England is required by the Parliamentary Constituencies Act 1986 to review the parliamentary constituencies in England every 5 years.

The BCE is an advisory non-departmental public body sponsored by the Cabinet Office.

Biography

Mr Justice Swift grew up in Essex and was educated at Southend-on-Sea High School for Boys. He studied law at New College, Oxford and Emmanuel College, Cambridge. He was called to the Bar (Inner Temple) in 1989; and called to the Northern Ireland Bar in 2008. He has been a High Court judge since 2018, and sits in the King’s Bench Division. Since March 2020 he has been Judge in Charge of the Administrative Court. Before his appointment to the bench he was a barrister in chambers at 11 King’s Bench Walk. Between 2007 and 2014 he was First Treasury Counsel.

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

Offenders with drug and alcohol problems are being put back on the straight and narrow through a new US-inspired sentencing approach to cut reoffending.

A pilot of ‘Intensive Supervision Courts’ launched last year in Liverpool, Teesside and Birmingham courts, as part of a tough community sentencing approach to tackle the root causes of offenders’ behaviour and protect the public.

Since the launch in June 2023, over 55 offenders have been ordered to meet regularly with the same judge, engage with specialist treatment and been subject to enhanced supervision including random drug testing from the Probation Service. The order could also include an electronic tag to monitor compliance and track their every move.

Studies show that getting offenders to confront their addiction through specialist support helps drive down their chance of committing further crimes. Research from several countries suggests that on average a ‘problem-solving’ approach resulted in a 33% decrease in the rate of arrests compared to offenders who receive standard sentences.

Offenders who fail to comply with the order face tough sanctions such as being temporarily sent to prison or increased drug testing.

The Lord Chancellor, Alex Chalk KC, visited Liverpool Crown Court yesterday (22 February 2024) to see the substance misuse court in action.

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

These courts are addressing the drug and alcohol-related crimes which blight our communities by getting offenders to confront their addictions.

Offenders are being punished for their crime, but these tough community sentences are also working to ensure they don’t offend again.

The Lord Chancellor’s visit to Liverpool follows his trip to New York last month where he saw how problem-solving courts in the United States are working.

At the courts in Manhattan and Brooklyn, the Lord Chancellor met with judges and learned more about the evidence behind the problem-solving approach. A US study on the long-term effect of a similar court saw 25% fewer drug charges over a 15-year period and these American courts provided inspiration for the pilot in England.

In Liverpool, the Lord Chancellor met ‘Liam’ (not his real name) who was sentenced to this order after being found guilty of an offence driven by his addiction.

Offender Liam said:

This is the only sentence that’s actually given me a chance, for the first time in my life I have had clean drug tests. You can just tell the team here really want you to do well which makes a difference.

The initiative at Liverpool and Teesside Crown Courts are focused on offenders whose addictions are driving their criminality and a further court is being piloted at Birmingham Magistrates’ Court specifically supporting female offenders.

Charity Revolving Doors said:

CFE Research, Revolving Doors and Institute for Lifecourse Development at the University of Greenwich are proud to be undertaking a ground-breaking study of the piloting of this approach for the UK.

The evaluation provides an important opportunity to add to the evidence base on approaches to addressing offending behaviour that is driven by unmet health and social needs.

Further information

• Please note that the data relating to how many offenders have been sentenced through the pilot is based on administrative data which may not be complete and is subject to change.
• Kearley, B. & Gottfredson, D. (2020). Long term effects of drug court participation: Evidence from a 15-year follow-up of a randomised controlled trial. Journal of Experimental Criminology, 16, 27-47.
• Trood, M., Spivak, B., & Ogloff, J. (2021). A systematic review and meta-analysis of the effects of judicial supervision on recidivism and well-being factors of criminal offenders. Journal Of Criminal Justice, 74, 101796.

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

Thousands of offenders on community and suspended sentences will no longer be able to secretly change their name as part of tough new rules to protect the public.

The Community and Suspended Sentences (Notification of Details) Bill will bring the law for those on community orders in line with offenders on licence. The Private Members’ Bill passed its second reading in Parliament today (Friday 23 February), after the Government signalled its support.

The change will mean all offenders and youth criminals will have to notify their probation officer about any name changes, online aliases or changes to contact details.

Offenders who refuse to comply could be taken back to court facing a tougher sentence, including possible prison time.

Prisons and Probation Minister, Edward Argar, said:

Deceitful offenders should never be able to hide from justice and any offender that tries to do this will be punished.

Our number one priority is public protection so it is vital that our probation officers have all the information they need to keep a watchful eye on offenders – whether that be online or in real life.

The Bill was brought forward by Ruth Jones MP.

Ruth Jones MP said:

I am delighted that my Bill has secured its Second Reading, on a cross party basis, and will continue its passage through Parliament.

This Bill is about keeping our communities safe and ensuring that we do that in deeds as well as words. I look forward to taking the Bill through to its next stage – it cannot come a minute sooner.

This Bill comes alongside the Home Secretary’s commitment to restrict the ability of certain registered sex offenders to change their name in specific circumstances, which will be included in the Criminal Justice Bill.

These changes will strengthen the Probation Service’s ability to robustly supervise offenders in the community and keep the public safe. Funding for the Probation Service has been increased by an additional £155 million a year since 2020/21 to recruit record levels of staff and reduce caseloads. The number of Probation staff in post has increased by 17% since June 2021.

The Bill will amend the Sentencing Act 2020 to create a duty on offenders to notify probation or Youth Offending Teams of any change of name and/or contact details if they are sentenced to a Community Order, Suspended Sentence Order, Youth Rehabilitation Order or Referral Order.

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

Corrupt elites will be prevented from making spurious legal claims to gag journalists and silence critics through a landmark Bill that gained Government support today (23 February).

Aggressively litigious Strategic Lawsuits Against Public Participation, or SLAPPs, are legal threats brought to intimidate and financially and psychologically exhaust journalists, campaigners and anyone who would criticise or expose corruption.

The Strategic Litigation Against Public Participation Bill, put forward by Wayne David MP, will end this pernicious practice and uphold free speech by allowing independent judges to dismiss spurious claims before they go to trial and protect defendants from paying exorbitant costs.

The Private Members’ Bill builds on the work the Government began in the Economic Crime and Corporate Transparency Act 2023, which included new laws to stop wealthy elites using SLAPPs on issues around economic crime, including corruption and embezzlement. Under this Act, we became the first country in the world to legislate against SLAPPs at the national level.

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

This Government has already proved its commitment to cracking down on those with deep pockets who abuse our courts, so we thank Wayne David for bringing forward this important legislation.

Free speech and the free press are lynchpins of our democracy, and to muzzle people in this way is chilling. We want people to feel confident standing up to the corrupt, knowing the law is firmly on their side.

Wayne David, MP for Caerphilly, said:

Well-heeled corrupt and malicious elites have been using SLAPPs to intimidate and threaten journalists, community campaigners, academics or anyone challenging them and speaking out in the public interest.

This important Bill seeks to protect freedom of expression for everyone, and I am pleased that it has the support of the main political parties.

The Bill which had its second reading in the House of Commons today has cross-party support, and will update the measures in the 2023 Act to cover a broader scope – blocking SLAPPs across all types of litigation, including sexual harassment, not just economic crime.

It will create a new dismissal mechanism to stop SLAPPs claims as early as possible. Claimants will be required to prove they are likely to succeed before it goes to trial, allowing SLAPPs to be rapidly thrown out by judges and making them less effective as a tool with which to threaten free speech advocates.

A costs protection scheme will be created to protect defendants, like journalists, from claimants, like oligarchs, who deliberately run up exorbitant legal costs. Ordinarily the party which loses the case must pay all the costs, but new rules would mean that the defendant will not have to pay the claimant’s costs, unless directed otherwise by a judge.

Secretary of State for Culture, Media and Sport, Lucy Frazer KC said:

Protecting and enhancing press freedom is vital – our democracy depends on the press having the freedom to hold the powerful to account.

We are making it harder for powerful people to stop the publication of investigative journalism through unscrupulous lawsuits and this legislation will enhance that further, ensuring that there are comprehensive powers within UK law to protect journalists from all forms of SLAPPs. I thank Wayne David, who shares the government’s steadfast commitment to preserving press freedom, for introducing a bill to achieve this.

The Government’s endorsement comes in response to a rising tide of this pernicious form of litigation. Some of the most high-profile cases have involved Russian oligarchs and allies of Vladimir Putin. Typically, they employ SLAPPs on bogus defamation and privacy grounds, preventing the publication of information in the public interest.

A call for evidence in 2022 and further research since has found the practice is spreading into new crimes, including victims of sexual harassment being silenced by their abusers, and other misconduct such as landlords using heavy-handed tactics to mute tenants suffering in their homes.

Further information

• SLAPPs legislation will only apply to England and Wales. We are discussing with devolved administrations in Scotland and Northern Ireland the legislative changes we are making.
• In 2022 the Government launched a Call for Evidence on SLAPPs, which saw 120 responses received: Strategic Lawsuits Against Public Participation (SLAPPs): Government response to call for evidence
• The conclusion was that SLAPPs are a pernicious form of litigation which seek to silence, intimidate, and harass opponents and have a concerning impact on freedom of speech and on public interest investigation and reporting.
• The Government committed to introduce new measures to strike out SLAPPs and avoid lengthy SLAPP litigation. This comprised of three parts:

1. A set of criteria for the courts to determine whether a case should be classified as a SLAPP based on one or more of the common characteristics of such actions.
2. A merit test leading to early dismissal for those SLAPP cases that fail it.
3. Costs protection for SLAPP cases that progress.

• The new measures on SLAPPs relating to economic crime were brought in by Government amendments to the Economic Crime and Corporate Transparency Bill in June 2023: Crackdown on criminals silencing critics to be added to Economic Crime Bill

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

A total of 20 Nightingale courtrooms will remain open in 2024 to allow more cases to be heard across the country, the government has announced today (16 February 2024).

These temporary courtrooms, across nine venues, will continue to be used by judges to hear cases ranging from shoplifting to family proceedings and small claims hearings. The majority of the courtrooms will be open until March 2025.

First introduced in the pandemic to temporarily provide additional space for hearings, the government has decided to retain this extra capacity to provide speedier access to justice so that victims have their day in court as soon as possible.

The locations chosen to remain open in England and Wales have been identified where they can help reduce the number of local outstanding cases, support maintenance projects by hearing cases when nearby locations are temporarily closed or to make full use of judicial capacity in court areas where there are more judges available.

Justice Minister, Mike Freer, said:

People who break the law must face justice and ensuring these 20 extra courtrooms remain open in 2024 will do just that.

Crown Courts are already dealing with the highest number of cases than at any point since 2019. We want to keep making progress and deliver swifter access to justice.

The temporary courts staying open this year are:

• Barbican, London
• Chichester
• Cirencester
• Croydon
• Fleetwood, Blackpool
• Grand Connaught Rooms, London
• Maple House, Birmingham
• Swansea
• Telford

Today’s announcement marks the fourth year of the use of these temporary courts – originally dubbed Nightingale courts during the pandemic – and comes alongside a raft of measures implemented by the government to tackle the outstanding cases in the criminal courts. These include boosting investment, recruiting hundreds of judges across all the courts and tribunals and maximising the use of remote hearings.

More criminal cases are now reaching the Crown Court than at any point over the last two years. Last year they sat over 100,000 days in the Crown Court, and plan to sit over 100,000 days again this year.

More widely, the government is investing £220 million for essential modernisation and repair work of our court buildings across the two years to March 2025, minimising disruption which can be caused by unplanned maintenance work.

As planned, temporary courts in Maidstone and Wolverhampton will close at the end of March. This is because there is no longer a need for these venues and after this time, cases will return to being heard within the permanent Crown Court estate which has capacity to deal with them. Nightingales are being extended where an assessment for an operational need has taken place.

Notes to editors

• The 9 sites being extended beyond March 2024 are:

Temporary court	Number of rooms	Type of work	Extended until
Barbican, London	2	Crown	August 2024
Chichester	2	Crown	March 2025
Cirencester	2	Crown and magistrates’	March 2025
Croydon	2	Crown	March 2025
Fleetwood, Blackpool	2	Civil and Family	March 2025
Grand Connaught Rooms, London	2	Crown	September 2024
Maple House, Birmingham	4	2 Crown, 2 Civil and Family	December 2024
Swansea	1	Crown	March 2025
Telford	3	Civil and Family	March 2025

• As planned, temporary courts in Maidstone and Wolverhampton will close at the end of March. This is because there is no longer a need for these venues and after this time, cases will return to being heard within the permanent Crown Court estate which has capacity to deal with them.
• Nightingale courts were first introduced in the pandemic to temporarily provide additional space for hearings. Buildings such as sports arenas, hotels, and conference centres were rapidly transformed into courtrooms to provide more space for jury trials. Following their success, the use of temporary courtrooms has continued to provide important capacity.

The press release issued by the Ministry of Justice on 15 February 2024.

Court and tribunal capacity in Leeds is set to be boosted by the opening of new state-of-the art courts and tribunals in the city centre, giving victims, defendants and claimants quicker access to justice.

It comes as the Lord Chancellor Alex Chalk visited the new West Gate court and tribunal building in Leeds yesterday (14 February 2024), funded through the government’s increased investment in the court and tribunal estate across England and Wales.

In a boost for the city’s legal infrastructure, a total of £6.2 million has been invested in West Gate to create capacity for 12 hearing rooms over 3 floors. This investment in the centre of Leeds expands the estate in the city to 53 court or hearing rooms within a 250-yards radius.

The building at West Gate includes the space for eight new, fit-for-purpose employment tribunal rooms.

In addition, construction work is underway to create four new Business & Property Court rooms. They will provide a dedicated space for cases to be heard from business disputes to evictions.

The Lord Chancellor Alex Chalk said:

These new state-of-the-art hearing rooms will be a hugely positive addition to Leeds city centre, positioning the city as a leading legal hub. By increasing capacity in the nearby Crown Court, we are also able to tackle more outstanding criminal cases, put victims first and bring more criminals to justice.

This government is committed to delivering a modern court and tribunal estate that is truly fit for the future.

The court will also support increased Crown Court capacity in the city, by moving the Business & Property Court work away from Leeds Crown Court, where it is currently situated, to help deliver justice swiftly for victims and defendants.

The newly refurbished site in the city’s West Gate district is one of a number of sites in Yorkshire to benefit from part of £220 million funding. The two-year funding package is enabling improvement and maintenance works to courts and tribunals across the country, improving the resilience and accessibility of the court system.

More widely in the Northeast region, some of this funding is being used to:

• £7 million to replace roofs at Skipton Court House, York Magistrates’ Court and Sunderland Magistrates’ Court
• Over £5 million in replacing heating systems and pipework at Sheffield Magistrates Court and Durham Crown Court
• Over £7 million in replacing the windows and exterior cladding at Teesside Magistrates Court
• £600,000 to replace lifts at York Magistrates’ Court, Newcastle Combined Court, Sheffield Combined Court and Grimsby Combined Court

By increasing capacity and minimising unplanned maintenance, the government is tackling outstanding cases and ensuring more hearings can go ahead.

Notes to editors

• HM Courts and Tribunals Service has secured a 15-year lease at West Gate, with work commencing in May 2023 and expected to complete in Spring 2024.
• Once completed, the site will have seen a £6.2 million investment in the West Gate site which has funded the fit out including state-of-the-art ICT and all required changes to the building to accommodate the new rooms.