Tag: Ministry of Justice

  • PRESS RELEASE : Government backs bill to end intimidatory SLAPPs lawsuits stifling free speech [February 2024]

    PRESS RELEASE : Government backs bill to end intimidatory SLAPPs lawsuits stifling free speech [February 2024]

    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).

    • New law to crack down on SLAPPs moves closer to statute book
    • The Bill will prevent corrupt rich from gagging journalists and avoiding scrutiny
    • Judges to gain tough new powers to throw out frivolous claims

    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.

    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
  • PRESS RELEASE : 20 Nightingale courtrooms remain open to boost capacity [February 2024]

    PRESS RELEASE : 20 Nightingale courtrooms remain open to boost capacity [February 2024]

    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).

    • 20 Nightingale courtrooms will continue to hear cases in 2024 – from Swansea to London
    • majority of rooms open until March 2025 to help tackle outstanding cases
    • comes as Crown Court heard cases on over 100,000 days in total across the country

    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.
  • PRESS RELEASE : Leeds to become beating legal heart of the North with new-state of-the-art courts and tribunals [February 2024]

    PRESS RELEASE : Leeds to become beating legal heart of the North with new-state of-the-art courts and tribunals [February 2024]

    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.

    • new court part of £220 million investment in court maintenance
    • eight new employment tribunal rooms now open at West Gate
    • four new business and property courtrooms under construction to increase local Crown Court capacity

    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.
  • PRESS RELEASE : Tougher sentences for ‘rough sex’ killers [February 2024]

    PRESS RELEASE : Tougher sentences for ‘rough sex’ killers [February 2024]

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

    Cowards who kill their partners with sexual violence will face longer behind bars as the government continues to clamp down on domestic abuse against women.

    • domestic abusers who kill through sexual violence to be locked up for longer
    • leading criminal justice academic appointed as Rape Review advisor
    • new Victims’ Code campaign to ensure victims know their rights

    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’ – meaning killers are handed down tougher sentences than ever before.

    The measure, announced today (14 February 2024), builds upon action taken in the Domestic Abuse Act 2021 to clarify in law that there is no such thing as the ‘rough sex defence’, and comes as the government publishes its latest Rape Review progress report.

    These figures reveal that more vile rapists are paying for their crimes as adult rape prosecutions are approaching the highest levels seen at any point since 2014 showing the government’s efforts are working.

    To ensure these efforts don’t let up, the government has also appointed leading academic Professor Katrin Hohl as the new Independent Advisor to the Rape Review.

    Having led a ground-breaking scheme to overhaul the way in which police forces investigate rape – Operation Soteria – Professor Hohl also carried out one of the largest ever surveys of victims to better understand how they can be supported.

    To ensure all victims know the support available to them, the government has also launched a Victims’ Code campaign, to raise awareness of the rights everyone can expect to receive as a victim of crime.

    Through the Victims and Prisoners Bill, police, prosecutors and prison and probation workers will also have a new Code Awareness Duty to make sure victims know their rights – including the right to be referred to a support service, receive updates on their case and the right to make a victim personal statement.

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

    This government is on the side of victims, who should be supported throughout their journey through the criminal justice system, and our new Victims’ Code campaign sets out exactly what they can expect every step of the way.

    But we must also hold offenders to account. This new aggravating factor send a clear message that killers who threaten the safety of women can expect to feel the full force of the law.

    The campaign was developed hand-in-hand with criminal justice agencies and victim support organisations, and materials demonstrating that the Victims’ Code is there for every victim, whatever the crime, are being cascaded across England and Wales.

    This builds on work to make sure victims get the justice they deserve, and offenders pay for their crimes, including making rapists and serious sexual offenders serve their full custodial term in prison and to widening the use of whole life orders for the worst offenders.

    Minister for Victims and Safeguarding Laura Farris said:

    As today’s report shows we have made significant improvements in the response to rape across the criminal justice system with adult rape prosecutions approaching the highest levels seen in the last decade and number of adult rape cases arriving at the Crown Court is higher than at any point since 2014.

    While there is still much work do, Professor Hohl’s expertise will be vital in driving this further.

    Independent Advisor to the Rape Review Professor Katrin Hohl said:

    Rape is the most serious survivable crime in English and Welsh law. The purpose of the rape review is to reform the criminal justice process so it is fit for purpose for rape victims and effective in holding perpetrators to account. As the Independent Advisor, I will challenge and support the government in achieving this ambition.

    I commend the progress made to date. My priority is to help tackle the remaining challenges, such as timeliness, strengthening victims’ rights and meeting victims’ needs, head-on.

    Fiona Mackenzie, Founder of We Can’t Consent to This campaign added:

    This is an important step in ensuring that men who kill women in sexually motivated violence do not get away with a lighter sentence. This change should ensure that any future perpetrators of violence of this sort are properly punished, and send a clear message that this violence against women is unacceptable in our society.

    Further to this, pioneering CPS areas, police forces, and leading academics developed new National Operating Models for the investigation of rape and serious sexual offences through Operation Soteria. This sees police and prosecutors working more closely together to build stronger cases.

    All police forces and prosecutors in England and Wales are now 6 months into implementation, with the number of cases assigned a charge in the latest quarter being over 25 per cent higher than the same period in the previous year.

    This support is crucial, especially for victims of rape – with around 60 per cent of investigations closing because the victim did not support -or withdrew support from- police action.

    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 over 1,000 – a 43% increase by 2024/5.

    Notes to editors

    • The latest quarterly statistics (July-September 2023) show:
      • There were 1,470 referrals from the police to the CPS – 92% higher than the ambition of 766.
      • There were 668 charges by the CPS – 24% higher than the ambition of 538.
      • There were 665 cases arriving at Crown Court –20% higher than the ambition of 553.
    • More broadly, the government also continues to support victims through:
      • Legislating to ensure rapists, and those convicted of the most serious sexual offences, remain in prison for the whole of their custodial term and that they are subject to proper supervision in the community on their release.
      • Offering 24/7 support line for victims of rape and sexual violence, ensuring victims of these abhorrent crimes always have someone on hand to support them.
      • Quadrupling victims funding by 2024/25, up from £41 million in 2009/10, including funding to increase the number of Independent Sexual Violence and Domestic Abuse Advisors by 300 to over 1,000 – a 43% increase by 2024/5.
      • And we are strengthening support for victims through the Victims and Prisoners Bill, including ensuring that police requests for third party materials are necessary and proportionate to an investigation.
    • The Ministry of Justice’s Victims’ Code campaign launched today to raise awareness of the Victims’ Code and ensure that victims of crime are aware of their rights, and the support available, as they move through the criminal justice system. The campaign wants 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.
      • This is part of the newly refreshed Victim and Witness Information website (victimandwitnessinformation.org.uk) which provides support, advice and guidance to help victims and witnesses in England and Wales understand their rights, the criminal justice process, and how to access support. This website is a single place for victims to get comprehensive, reliable information in an accessible way. This website is a single place for victims to get comprehensive, reliable information in an accessible way.
  • PRESS RELEASE : Six members appointed to the Civil Justice Council [February 2024]

    PRESS RELEASE : Six members appointed to the Civil Justice Council [February 2024]

    The press release issued by the Ministry of Justice on 5 February 2024.

    The Lord Chancellor has approved the appointments, for 3 years from 1 January 2024, of John Cuss, Daniel Hoadley, Amrik Kandola, Sue Prince, Laurence Shaw and Elizabeth Smart as members of the Civil Justice Council.

    The Lord Chancellor has approved the appointment of the following members of the Civil Justice Council for 3 years from 1 January 2024:

    • John Cuss, Solicitor member
    • Amrik Kandola, Alternative Dispute Resolution (ADR) member
    • Daniel Hoadley, Digital, Technology and Information member
    • Laurence Shaw, Legal Executive member
    • Sue Prince, Lay member
    • Elizabeth Smart, Advice Sector member

    The CJC is a statutory advisory body established by the Civil Procedure Act 1997.

    The CJC brings together members of the judiciary, civil servants, legal professionals and others representative of the varied perspectives, sectoral interests, specialist and professional expertise found across the civil justice system.

    The CJC has a statutory role in keeping the civil justice system under review. It advises the judiciary, government, and rule makers on the development of the civil justice system, especially how it can be more accessible, fair and efficient. It is empowered to make proposals for change and propose and undertake research.

    Appointments to the Civil Justice Council are made by the Secretary of State for Justice and are regulated by the Commissioner for Public Appointments. These appointments have  been made in line with the Governance Code on Public Appointments.

    Biographies

    John Cuss

    John Cuss is a solicitor and works for Hudgell Solicitors as Head of Corporate Services and Strategic Partnerships. Supporting the next generation of aspiring lawyers is very important to John, and he also leads on the firm’s early careers and work experience programmes and was very pleased to be recognised as Mentor of the Year at the Hull and East Yorkshire People in Business Awards 2023. John is also Vice-Chair of the National Law Society Dispute Resolution Committee and a Senior Advisor to the Association of Consumer Support Organisations (ACSO).

    Mr Cuss has not declared any political activity.

    Daniel Hoadley

    Daniel Hoadley is Head of Data Science and Analytics at London law firm Mishcon de Reya LLP specialising in the application of artificial intelligence and data science to legal information and processes. Daniel was called to the Bar, in 2009, and worked as a law reporter for The Incorporated Council of Law Reporting for England and Wales (ICLR). Between 2015 and 2020. Daniel played a leading role in the modernisation of ICLR, co-designing the ICLR Online-series of legal research platforms, devising a substantial expansion in the coverage of The Weekly Law Reports, and building the first open-source deep learning model for processing English legal information, Blackstone.

    Mr Hoadley has not declared any political activity.

    Amrik Kandola

    Amrik Kandola is a full-time commercial Mediator. After joining Eversheds LLP (now Eversheds Sutherland LLP) in 1991 as a trainee, Amrik became a partner in 2002. He specialised in technology, engineering, construction, and energy infrastructure disputes. He was an elected Board member of the firm between 2011 and 2014. In 2016, Amrik left private practice to become a full-time commercial mediator. He now mediates complex, high value and multi-party disputes across a wide range of commercial sectors. Amrik is a Centre for Effect Dispute Resolution (CEDR) Panel Mediator and Lead Faculty trainer on the CEDR Mediator Skills Training course. He was named Civil/Commercial Mediator of the Year 2023 at the National Mediation Awards (NMA) in 2022.

    Mr Kandola declared he was a Change UK candidate in the 2017 European Parliament election.

    Sue Prince

    Sue Prince is a Professor in the Law School at the University of Exeter. She has held several senior roles in the University, including Associate Academic Dean for Students and Associate Dean Education for the Faculty of Social Sciences. She was also the Interim Head of the Law School for a long period. She sits on the University Council.Sue set up the first law clinic at the University of Exeter, based at Exeter Combined Court, which won the LawWorks Attorney General Award for Best New Student Pro Bono Activity.  She also received an award from the Attorney General for a debt literacy project with local schools.  She has carried out evaluations of court-connected Alternative Dispute Resolutions for the Ministry of Justice across fast-track, multi-track, and small claims mediation, and has researched mandatory mediation in Canada, Florida, and New Orleans after Hurricane Katrina. Sue was a member of the CJC Advisory Group on Online Dispute Resolution. Sue is an accredited civil and commercial mediator and a community mediator.  She is a Principal Fellow of the Higher Education Authority.

    Ms Prince has not declared any political activity.

    Laurence Shaw

    Laurence Shaw is a freelance legal consultant/qualified Chartered Legal Executive. He worked in the Before The Event and After The Event market for a short time for a well-known firm of Legal Expense providers. He has over 40 years’ experience dealing with Personal Injury claims on behalf of the Claimant and, in the latter years, specialised in foreign jurisdiction litigation arising out of accidents abroad. He was an active member of APIL (Association of Personal Injury Lawyers) and PEOPIL (Pan European Organisation of Personal Injury Lawyers). He sat on the council of CILEX (Chartered Institute of Legal Executives) for 15 years during which time he chaired the Investigating Committee looking into possible members’ misdemeanours, as well as chairing the Law Reform Committee for Contentious business. He is currently a Special Reference Group adviser for CILEX in Civil Litigation and, through that role, he represented CILEX on the Civil Justice Council Costs Committee on Guideline Hourly Rates.

    Mr Shaw has not declared any political activity.

    Liz Smart

    Liz Smart is a Professor of Legal Education and a practising solicitor. She is currently Head of the School of Law and Society at St Mary’s University, Twickenham and is a National Teaching Fellow and Principal Fellow of the Higher Education Academy. Liz is a non-Executive Solicitor Director of the Solicitors’ Regulation Authority (SRA) and serves on the Independent Ethics Panel for the Police and Crime Commissioner in South Yorkshire advising on equality, diversity, and inclusion. Liz created a unique innovative law provision which was the only law degree in the UK which provided placement opportunities for all students embedded at all levels and removed the barriers to entry in the legal profession realising the ambition that we should reflect the communities we serve.

    Ms Smart has not declared any political activity.

  • PRESS RELEASE : International community urged to come together or face losing the global contest of ideas, Lord Chancellor to warn in landmark speech in Washington [January 2024]

    PRESS RELEASE : International community urged to come together or face losing the global contest of ideas, Lord Chancellor to warn in landmark speech in Washington [January 2024]

    The press release issued by the Ministry of Justice on 31 January 2024.

    The international accords that have guaranteed freedom, security and prosperity since 1945 are “fraying at the edges” as a direct result of Russia’s illegal war, the Lord Chancellor will tell Washington today.

    • Justice Secretary to issue rallying cry in support of international co-operation during visit to US
    • International rules-based order under threat thanks to actions of Russia and Iran
    • Lord Chancellor to also visit New York to see tough community sentences that cut crime and keep public safe

    Justice Secretary Alex Chalk will address American legislators, members of the judiciary and legal professionals at the Johns Hopkins University Bloomberg Center in Washington D.C to underline the importance of the rule of law, especially in the face of hostile states who believe “might is always right”.

    The Lord Chancellor Alex Chalk will say:

    “The truth is we are in a global contest of ideas, a contest between rule of law nations like ours and those who offer an authoritarian alternative – a solution that says agreements don’t matter, values don’t count, rights are mere impediments. Instead, ‘might is always right’. And it means that a global post-War consensus, which we assumed was unshakeable, now needs shoring up. Rather than letting complacency reign, we must reinforce the rule of law foundations on which it was built.”

    Against a backdrop of Russia’s illegal invasion of Ukraine, the Lord Chancellor will set out how crucial it is there is accountability and repercussions when one country chooses to rip up the rule book.

    This has been exemplified by the UK’s role in expediting the International Criminal Court’s investigation into Russian war crimes in Ukraine. The UK has worked with the USA and the European Union to establish the Atrocity Crimes Advisory Group, which is supporting Ukraine’s Prosecutor General in the domestic investigation and prosecution of more than 120,000 currently alleged conflict-related crimes, with both funding and expertise.

    The Lord Chancellor will go on to argue this instability is leaving many people feeling they have to leave their home country – sometimes illegally – which is putting huge pressure on countries like the UK and the United States, and challenging democracies. He will go on to say:

    While rule of law underpins prosperity, its absence feeds poverty, insecurity and instability.

    This has led to record levels of migratory movements, and fuelled illegal migration. It is clear that unmanaged illegal migration disregards borders and is putting undue pressure on the national systems of rules-based countries like ours – as countries whose sovereign legislatures believe in, and consciously have chosen to be part of, the international rules based order.  The actions of criminal gangs smuggling people across borders brings those very rules into disrepute, particularly if they are perceived to afford, perversely, an unfair advantage to those who break the immigration rules rather than those who abide by them.

    He will highlight the need for international and domestic law to evolve and adapt to the challenges posed by insecurity:

    Both international and domestic law must evolve if they are to meet the challenges posed by insecurity, and to win the global contest of ideas. Because, as Thomas Paine famously said in the eighteenth century, “a state without the means of some change is without the means of its conservation.

    The unique genius of the common law, of course, is its flexibility – its readiness to adapt and respond to societal changes and perspectives. I dare say we need some of that same spirit when to comes to the challenge of uncontrolled migration, and the evolution of the rules-based system as a whole.

    He will add that the global community must work together and defend international order at a time when it is under threat by saying:

    To show that we can evolve and adapt while our opponents remain rigid and dogmatic. That is one of the most powerful ways that we can make the case for the rules-based order.

    The Lord Chancellor will also visit New York to see how the state is delivering tough community sentences using the latest technology to cut crime and keep the public safe.

    The problem-solving courts are stopping repeat offending in its tracks by giving low-level offenders the stark choice of getting clean through specialist substance misuse treatment to kick the drug or drink addictions driving their criminality – or face jail.

    This innovative scheme has seen a huge reduction in drug charges over a 15-year period as a direct result of its approach – and is similar to Intensive Supervision Courts currently being piloted on this side of the Atlantic.

    This is part of wider work the government is doing through the Sentencing Bill, which will be back before Parliament shortly. This will ensure tougher sentences for those convicted of the worst murders and sexual offences, promote rehabilitation and reduce crime by limiting use of counter-productive short sentences – the so-called revolving door of prison.

  • PRESS RELEASE : Criminal legal aid lawyers to receive pay boost [January 2024]

    PRESS RELEASE : Criminal legal aid lawyers to receive pay boost [January 2024]

    The press release issued by the Ministry of Justice on 29 January 2024.

    Criminal legal aid solicitors working in police stations and youth courts will receive a pay increase to reflect the importance and complexity of their work, the Lord Chancellor has announced today (29 January 2024).

    • Pay increase proposed for criminal legal aid solicitors carrying out vital police station work
    • Reforms will also see substantial increase in Youth Court legal advice spending
    • Funding part of Government’s response to the 2021 Criminal Legal Aid Review

    The proposals are part of the government’s second phase of the response to the Criminal Legal Aid Independent Review (CLAIR), with the additional funding allocated in 2022.

    The review found that existing police station and Youth Court fee schemes are outdated and no longer reflect the complexity of the work carried out by today’s legal profession, creating unfairness and disincentivising legal practitioners from taking on more complicated cases.

    Currently, fees do not appropriately differentiate between case complexity meaning a lawyer spending 30 minutes on a shoplifting case and 5 hours on a murder trial would likely receive the same fixed fee for both jobs.

    The fee system is also outdated as it involves solicitors navigating over two hundred different fees across England and Wales, each representing a different police station location with the pay-out for neighbouring stations varying widely. This means solicitors can receive vastly different amounts in similar areas for working on similar cases.

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

    Solicitors working in police stations play a critical role in ensuring access to justice by giving people legal advice, often at antisocial hours and at a moment’s notice. It is right that they receive a substantial pay increase to reflect the importance and complexity of their work.

    This longer-term investment will also help ensure solicitors are paid more fairly in the Youth Court with the enhanced fee helping to recruit and retain solicitors who do essential work to uphold the fairness of our justice system.

    The bulk of the investment – £16 million – will be used to increase fees for solicitors working in these police stations. In line with the Review’s recommendations, the consultation also proposes to simplify the different police station fees by increasing lowest charges in the scheme.

    On top of this, £5.1 million has been allocated to increase the pay for solicitors taking on Youth Court legal aid work for the most serious offences by £548 per case. This will help reflect the complexity of the work done in the Youth Court which can deal with murder and sexual assault trials. These fee increases aim to encourage solicitor firms to specialise in this area to better serve the children and teenagers they represent.

    This funding increase will apply to new work from summer 2024 as part of the second phase of government plans focusing on longer-term systemic reform.

    Notes to editors

    • £548 (not inc. VAT) fee increase in the Youth Court.
    • The Government is consulting on these proposals for 8 weeks and the consultation can be found on gov.uk
    • In December 2020, the government launched an independent review into the sustainability of the criminal legal aid sector and the report was published in November 2021. It looked at ways to make the profession a more attractive career choice and attempt to make long lasting changes, with the aim of ending the ongoing back and forth on pay levels, which can lead to industrial action.
    • In March 2022, the Government published its response to CLAIR and launched a consultation setting out its proposals. This announcement is pre-allocated money as part of our government response to CLAIR in 2022.

    In July 2022, the government published an interim response to the consultation which led to a 15% increase to most fees from 30 September 2022. The Government then published its full response in November 2022 which set out some of the proposals which it is now consulting on as part of the Crime Lower consultation. This consultation can be found here: Response to Independent Review of Criminal Legal Aid – GOV.UK (www.gov.uk)

  • PRESS RELEASE : Children’s wellbeing at the heart of family court reforms [January 2024]

    PRESS RELEASE : Children’s wellbeing at the heart of family court reforms [January 2024]

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

    Children will be better protected from the impact of lengthy courtroom battles thanks to pioneering measures to help families resolve disputes as swiftly as easily possible.

    • parents offered early legal advice to settle disputes amicably away from the courts
    • more courts to pilot process which better protects domestic abuse victims
    • almost 25,000 separating families have benefited from mediation voucher scheme

    Families who are separating will benefit from early legal advice, greater use of mediation, and the continued rollout of an innovative pilot which better supports domestic abuse victims and children, following the government’s response to the Private Family Law Early Resolution Consultation published today (26 January 2024).

    A legal advice pilot will be launched to help families agree child arrangements quickly, addressing barriers to early resolution including a lack of understanding of the options available such as mediation.

    The role mediators can play will be bolstered through improved domestic abuse screening and advanced DBS checks, meaning they have the right vetting and can support children earlier in the process. This, alongside the mediation voucher scheme which has already helped nearly 25,000 families, will mean more couples can resolve their issues without ever reaching court.

    For those who do end up going through the courts, a successful pilot in North Wales and Dorset, aimed at reducing conflict, will be expanded to the family courts in Birmingham and south east Wales, ahead of a national roll out. The model improves information sharing between agencies like the police and local authorities so victims avoid retelling traumatic experiences.

    It also allows judges to review more documents before a case gets to court, to prevent further conflict in the courtroom, and gives children extra opportunities to explain how they feel about decisions which affect their future.

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

    There is no one-size-fits-all approach for separating families, which is why we’re ensuring people have access to early legal advice and mediation to resolve disputes as early as possible.

    These reforms will help spare thousands of children the long-term harm of lengthy, combative courtroom conflict.

    More than 60,000 private law children and contested finance cases went through the family courts in 2022.

    Long-term conflict between separating parents can have a devastating impact on a children’s wellbeing. The trauma has been linked to increased rates of anxiety, aggression, and depression, and can lead to anti-social behaviour, academic struggles, and substance misuse.

    Mediators can help avoid these issues by working with both parties together or separately to find a solution that works for them, rather than have a solution imposed on them by a judge. As of December 2023, the government-funded mediation voucher scheme, backed by £23.6 million, has helped over 24,600 families to resolve their issues without resorting to court.

    Greater use of mediation also allows family courts to better prioritise and provide protection for the most serious cases with safeguarding concerns where it is not an option, such as domestic abuse and child safety.

    Following consultation on mandatory mediation concerns were raised that the proposed safeguards to protect domestic abuse victims may not go far enough. To avoid forcing a continued relationships between a victim and their abuser the government will not change the law to mandate mediation for separating couples.

    We are working with the Family Mediation Council to improve training for mediators on domestic abuse and help them develop a screening tool – such as a questionnaire – to better identify victims at the earliest opportunity.

    Justice Minister Lord Bellamy said:

    These reforms are about helping those who need it the most. By elevating the voice of the child and reducing strife in a court room, we will give our children the best chance of growing up to becoming well-adjusted adults.

    The response also commits to increase inclusive mediation by ensuring mediators can apply for advanced Disclosure and Barring Service checks, create a new online portal for parents sign-posting to relevant support services and improve the offline information available at Family Hubs.

    The government has also pledged to work alongside Cafcass – an independent body which advises family courts on what is safe for children and in their best interests – to help more families undertake parenting programmes early in the process, rather than by court order.

    Chief Executive of the Children and Family Court Advisory Support Service (Cafcass), Jacky Tiotto, said:

    One of Cafcass’ main strategic priorities is to improve the experiences of children in private law proceedings. There is so much more to be done to turn up the volume of their voices and to make them central to the business of the proceedings. We therefore welcome the heightened focus on children within the government’s proposals announced today. We are already working alongside our partners in the family justice system to create a Pathfinder in Birmingham and we support the government’s intention to encourage more families to find alternative resolutions and to prioritise what is in their children’s best interests without the need for lengthy family court proceedings.

    Domestic Abuse Commissioner Nicole Jacobs said:

    The Family Court is critical in keeping child and adult victims safe from abuse. I am delighted that the Pathfinder Court pilots will be extended to two further sites, with a view to national roll-out. These courts take a child-centred approach, supporting victims and embedding an understanding of domestic abuse throughout the proceedings, which were key recommendations I made in my 2023 Family Court report.

    I welcome the opportunity to continue working with the Ministry of Justice to ensure that early resolution measures – such as provision of early legal advice, and reforming the family justice system to be less adversarial and more child-centric – will further improve the Family Court response to domestic abuse and protect child and adult victims from further harm.

  • PRESS RELEASE : Anti-drone no fly zones to combat prison smuggling [January 2024]

    PRESS RELEASE : Anti-drone no fly zones to combat prison smuggling [January 2024]

    The press release issued by the Ministry of Justice on 25 January 2024.

    Criminal gangs who try to fly phones, drugs and weapons into prisons using drones face finding themselves there instead under tough new restrictions coming into force today (25 January).

    • New 400m drone ‘no-fly zones’ around prisons come into force
    • Ten-year maximum prison sentence for criminals who breach restrictions
    • Major disruption to criminal gangs as key drug supply route cut off

    The new law makes it an automatic offence simply to fly drones within 400 metres of prisons and young offender institutions. Previously, police could only act where there was evidence of contraband being smuggled.

    Drone operators who break the rules will be fined up to £2,500 while those smuggling illicit items which drive violence and criminality in custody may face up to a decade behind bars.

    The crackdown comes as figures reveal that the number of drones captured or sighted within prison grounds has more than doubled between 2019 and 2021.

    The virtual ‘no-fly zones’ will increase the likelihood of police catching organised criminals in the act – making it easier to bring prosecutions, convictions and lengthy jail terms. These new anti-drone measures will also enhance security by preventing illegal aerial filming of prisons.

    Prisons and Probation Minister Edward Argar said:

    We are working harder than ever to prevent the smuggling of contraband into our prisons and this is the latest step to keep ahead of the tactics exploited by organised criminals.

    These new anti-drone measures – along with our advanced airport-style x-ray security and drug detection dogs – will crackdown on those illicit items that fuel violence behind bars.

    Over 500 drones were either sighted, intercepted or seized around prisons in England and Wales between 2019 and 2021. Since June 2016, police and prison staff have worked collaboratively to make over 70 drone-related convictions amassing a total of 240 years behind bars for those who broke the law.

    One attempted illegal drone operation at HMP Risley in Cheshire saw an organised gang try and smuggle in Class A drugs, mobile phones and SIM cards worth upwards of £1.7million in prison. This group undertook more than 20 drone flights above prison grounds between August and December 2020. Following an extensive joint operation between Cheshire Police and staff at HMP Risley, the seven individuals involved were sentenced to more than 30 years in prison.

    The new law follows a £100 million investment in bolstered prison security measures which has seen 95 prisons equipped with next-generation trace detection equipment and 75 additional prisons equipped with X-ray body scanners. Other measures include:

    • The deployment of more than 600 specially trained search dogs to help crack down on attempts to smuggle illicit contraband behind bars.
    • The recruitment of 160 additional counter-corruption personnel to help root out the dangerous few prison staff who abuse our rules.
  • PRESS RELEASE : Appointment of Martin Jones as His Majesty’s Chief Inspector of Probation [January 2024]

    PRESS RELEASE : Appointment of Martin Jones as His Majesty’s Chief Inspector of Probation [January 2024]

    The press release issued by the Ministry of Justice on 22 January 2024.

    The Secretary of State for Justice and Lord Chancellor has announced the appointment of Martin Jones as His Majesty’s Chief Inspector of Probation.

    The Secretary of State and Lord Chancellor, Rt Hon. Alex Chalk KC MP, has announced the appointment of Martin Jones as the Chief Inspector of Probation. The appointment will commence on 1 March 2024 for a 3 year term to run until 28 February 2027.

    The recruitment of HMCI Probation is regulated by the Commissioner for Public Appointments and this appointment has been made in line with the Governance Code on Public Appointments.

    His Majesty’s Chief Inspector of Probation

    His Majesty’s Chief Inspector of Probation (HMCIP) is the independent inspector of probation and youth offending services in England and Wales. The Inspectorate offers independent scrutiny of the quality of work undertaken with individual offenders to seek to improve outcomes for individuals and communities.

    Biography

    Mr Jones has been the Chief Executive of the Parole Board since 2015. Prior to that he served as Deputy Director for Sentencing Policy from 2012 to 2015 and as Head of Crime for Her Majesty’s Courts and Tribunals Service from 2008 to 2011.