Tag: Ministry of Justice

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.

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.

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 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 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.

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).

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.

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.

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).

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.

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.

The press release issued by the Ministry of Justice on 19 January 2024.

His Majesty The King has approved the appointment of 95 barristers and solicitors as new King’s Counsel (KC) in England and Wales and the appointment of 5 new Honorary King’s Counsel (KC Honoris Causa).

The press release issued by the Ministry of Justice on 18 January 2024.

Children will be better protected from sexual abuse following change to the law making it easier to prosecute criminals who have had sex in front of children for gratification.

An amendment to the Criminal Justice Bill will remove the need to prove that the perpetrators knew, believed, or intended that the child was aware. Instead, the offence will focus on whether they are exploiting the child’s presence for their own sexual gratification, ensuring that convictions will no longer be missed.

Minister for Victims and Safeguarding Laura Farris said:

We are criminalising these acts which exploit, humiliate and seriously harm children. It is unacceptable that any abuser has been able to take advantage of this this gap in the law to avoid prison in the past.

Our changes ensure that the law works effectively and that the right services are there to support child victims to rebuild their lives,

An extra £350,000 is also being invested to further improve support for child victims of sexual abuse on the back of the NSPCC campaign to encourage more reporting of abuse.

The government-funded campaign which launched last week (9 January 2024) is part of the government’s response to the Independent Inquiry into Child Sexual Abuse. It targets the general public and professionals who work with children in order to boost awareness of what to do if they are concerned about child sexual abuse.

The government is also investing almost £90,000 in the Bluestar Project run by the Green House to ensure children who are victims of sexual abuse receive the best support possible. This will fund training for over 60 Ministry of Justice-funded charities across the country in how to provide pre-trial support to child victims.

A further £270,000 has also been allocated to the Centre of Expertise on Child Sexual Abuse to improve the provision of services to victims of child sexual abuse. Activities will include a directory of support services and a data hub. This will enable commissioners to have instant access to child sexual abuse data in their local area to assess the demand for support services and allocate resources.

Notes to editors

• The tabled amendment would amend offences at sections 11, 18, 32, 36 and 40 of the Sexual Offences Act 2003 to criminalise sexual activity in the presence of a child or a person with a mental disorder, where the defendant engages in sexual activity in the child’s presence for the purposes of obtaining sexual gratification but does not know, intend or believe the child is aware that they are engaging in the sexual activity.
• Currently the law in this area hinges on whether the defendant knew or believed that child was aware of sexual activity in their presence, or if the defendant intended them to be aware of it. However, proving this belief, knowledge or intention can be problematic in some cases, particularly when the child involved is too young to give evidence.
• Instead, the amendment will mean that the offences will no longer require the defendant to know, believe or intend that the child is aware of the sexual activity but retains the link between the fact of the child’s presence and the defendant’s own sexual gratification.
• This change avoids inadvertently criminalising sexual activity between parents who share a bedroom with a young child.

The press release issued by the Ministry of Justice on 18 January 2024.

The Lord Chancellor has approved the reappointment of Alison Curry as the accountant member of the Insolvency Rules Committee.

The Lord Chancellor has reappointed Alison Curry, as accountant member of the Insolvency Rules Committee (IRC), for 2 years from 1 August 2024.

Alison Curry

Alison a licensed insolvency practitioner with 28 years of experience working within both private practice and the regulatory arena. She is currently Technical Manager at AlixPartners, where she provides legislative and regulatory compliance support to colleagues within the UK Turnaround and Restructuring practice.

She is an elected member of R3’s National Council, Chair of the R3 Membership Committee and a contributor to the Lexis Nexis panel of insolvency experts.

Alison is an accomplished trainer and public speaker on insolvency issues and has extensive experience in drafting regulatory guidance, project management and delivery, and the implementation of organisational change.

Insolvency Rules Committee

The IRC is an expert body that advises on proposed new and amendments to insolvency rules that underpin the wider insolvency legislative framework; their advice and recommendations are provided to the Lord Chancellor.

IRC members are from the legal and accountancy professions and will have many years of operational experience in dealing with insolvency matters. They provide their services on a voluntary and unremunerated basis.

Appointments are made, to the IRC, by the Lord Chancellor – under the Insolvency Act 1986 – after consulting the Chancellor of the High Court. Appointments are regulated by the Commissioner for Public Appointments and must comply with the Governance Code on Public Appointments.