Tag: Ministry of Justice

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.

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

The Ministry of Justice has today (11 January 2024) confirmed the sale of the former Reading Prison site to a non-profit organisation, the Ziran Education Foundation.

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

Tottenham Park Cemetery in Enfield is facing closure after owners repeatedly failed to make necessary improvements to ensure the safety of burials.

The press release issued by the Ministry of Justice on 30 December 2023.

People are being encouraged to see how justice is done in courtrooms with the publication of a new and simple ‘how to’ guide for attending court hearings today.

Around two million court and tribunals hearings take place every year and for the first time ever, this eight-page document sets out in one place how people can access many of them.

From murder trials to employment law cases, it explains the different types of courts and tribunals, how to observe a court hearing, which areas of court are open to the public and what to expect once inside the court.

It also includes details like what to do before a hearing and how to access Wi-Fi in court buildings, and directs people to further resources for more information.

Justice Minister, Mike Freer, said:

Open and transparent courts are a key principle of our justice system and it is vital people can see for themselves how justice is done.

This guide is another way we are lifting the curtain for the public to help them easily observe trials, tribunals and hearings.

In a further boost to support the principle of open justice, the document will also help HMCTS staff be well prepared to help members of the public access hearings, and to support those attending for the first time.

The guide follows a move last year to allow cameras to film some sentencing remarks by judges in Crown Courts to allow more people to see inside the courts as justice is served.

The Government has previously published the Reporters Charter which outlined the rights and responsibilities of court reporters to boost transparency in the justice system.

The press release issued by the Ministry of Justice on 29 December 2023.

A record number of offenders with alcohol problems will be forced to stay dry this festive season in a bid to cut booze-fuelled crime over Christmas.

Statistics released today (Friday 29 December) show around 2800 offenders have been made to wear an alcohol tag during Christmas and New Year, with the devices able to detect if an offender has been drinking by analysing their sweat.

This is an increase of around 1000 offenders from the same time last year and follows the Government’s drive to double the number of people on tags at any one time by 2025 and protect communities from the violence and disorder often caused by alcohol.

If an offender has had a drink an alert will be sent to the probation officer who can take action. The tags are so accurate they won’t be triggered by foods that contain alcohol –but boozy drinks will raise the alarm and offenders face being sent to prison.

The Government’s investment will nearly double the number of defendants on tags at any one time from 13,500 in 2021 to 25,000 by 2025.

Around 39% of all violent crime in the UK involves alcohol, including domestic abuse which can rise during the festive period as figures provided by charities such as Women’s Aid have often demonstrated.

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

“The festive season is a time of celebration but a small minority can take it too far. We’re keeping communities safe by tagging a record number of offenders this Christmas period.

“These innovative alcohol tags act as an important deterrent to offenders and come with a clear message: step out of line and you could end up behind bars.”

Alcohol tags are part of the Government’s unprecedented £156 million investment in tagging technology which means the UK has remained among the world leaders in the use of tags to fight crime and keep people safe.

The tags were first rolled out in 2020 as a punishment for alcohol-fuelled crimes and are also used to help keep the public safe from offenders considered likely to commit crimes when drunk.

Roughly 20% of offenders on probation are classed as having a drinking problem, so these tags play a part in helping to cut alcohol-fuelled crime, which causes untold misery for victims and lands society with a £21 billion bill each year.

Offenders banned from alcohol by the courts have stayed sober for 97% of the time on average, showing that these tags are successfully working as a deterrent.