Tag: Ministry of Justice

The press release issued by the Ministry of Justice on 7 December 2023.

More legal professionals are being encouraged to help prevent domestic abusers cross-examining their victims in court with a new expenses policy launched today ( 7 December 2023).

Hundreds of lawyers signed up to be Qualified Legal Representatives after the landmark Domestic Abuse Act banned abusers from interrogating their victims in family and civil courts.

Cross-examination is, instead, carried out by these court-appointed legal professionals, to ensure that justice is done fairly for both sides and reduce the risk of victims being retraumatised.

To encourage more lawyers to join, they will now be able to claim for travel to hearings up and down the country. Previously no expenses were available but lawyers will now be able to claim up to £180 for their travel and up to £161 per day for other expenses, including hotel stays and food.

Minister for Victims and Safeguarding, Laura Farris, said:

It takes unimaginable strength to bring your abuser to court which is why our Domestic Abuse Act provides vital protections, preventing vile ex-partners from cross-examining those they have tormented.

Today’s changes will incentivise more legal professionals to take up these important roles ensuring no victim feels unsafe in the pursuit of justice.

Domestic Abuse Commissioner, Nicole Jacobs, said:

In my Family Court report I called for greater funding for the Qualified Legal Representative scheme, and I am delighted that government have committed to this today.

I hope to see an uptake following this announcement, and look forward to continuing my work with government to improve the Family Court’s response to domestic abuse.

The measures in the Act followed concerns that domestic abuse perpetrators were using the process as a means of extending their abuse and victims were being retraumatised by their experiences in family and civil court.

Full details of the expenses policy will be set out in guidance when the policy comes into force on 2 January 2024.

To make it as easy as possible for domestic abuse victims to bring their attackers to court, the government has pledged an additional £25 million per year to expand legal aid so victims on universal credit seeking a protective order for themselves or their children against their attackers can access legal aid funding without facing a means test.

This followed recommendations made by the ‘Harm Panel’ to better safeguard vulnerable people against domestic abuse in family courts. Other changes the government has introduced in response to the report include:

• pioneering pilot at family courts in North Wales and Dorset to improve information sharing between agencies such as the police, local authorities and the courts and give a greater voice to children at every stage of the process.
• automatic special measures for victims such as protective screens and giving evidence via video link
• clarifying the law on ‘barring orders’, to prevent perpetrators from bringing their ex-partners back to court, which can be used as a form of continuing domestic abuse.

Notes to editors

• Qualified Legal Representatives (QLR) will be able to claim up to £180 in public transport, up to £100 per night for a hotel stay, up to £21 per night subsistence allowance and up to £40 per day for other out of pocket expenses (such as car parking or toll charges).
• We have made it quicker and easier for legal professionals to sign up to the QLR scheme, through digitising the registration process. The sign-up form is available here: https://www.gov.uk/guidance/registration-for-cross-examination-work-in-family-and-civil-proceedings
• The measures referenced are sections 65 and 66 in the Domestic Abuse Act 2021.
• In March, the Government announced £440 million for victim support services over the next 4 years. In June this funding was increased to £460 million.

The press release issued by the Ministry of Justice on 7 December 2023.

The Lord Chancellor has approved the appointment of Chief Constable Rob Nixon as a non-judicial member of the Sentencing Council with Policing experience.

The Sentencing Council (SC) was established under Section 118(1) of the Coroners and Justice Act 2009 to promote greater transparency and consistency in sentencing, whilst maintaining the independence of the judiciary. The SC’s responsibilities include: developing sentencing guidelines and monitoring their use; assessing the impact of guidelines on sentencing practice; and promoting the understanding of and increasing public confidence in sentencing and the criminal justice system.

The appointment of non-judicial SC members is made by the Lord Chancellor after consulting the Lord Chief Justice.

The appointment of non-judicial SC members is regulated by the Commissioner for Public Appointments and recruitment processes comply with the Governance Code on Public Appointments.

Biography

Rob Nixon has served with Leicestershire Police, since 1993, and was appointed as Chief Constable in November 2022. He was appointed Assistant Chief Constable in April 2017, with responsibility for local policing, crime and intelligence and public protection, before being promoted to Deputy Chief Constable in February 2018.

Between 2015 and 2018, as temporary Assistant Chief Constable, Rob worked on collaborative projects across Leicestershire, Northamptonshire and Nottinghamshire. From 2009 to 2014, he was Chief Superintendent for the Leicester City Basic Command Unit. In 2008, he was appointed as the Head of the force’s Community Safety Bureau, which was responsible for the development of Strategic partnerships, implementation of neighbourhood policing, anti-social behaviour, offender management and preventing counter terrorism. He was appointed as Detective Inspector in charge of the City CID in 2002, with responsibility for introducing the force approach to Offender Management.

Rob was awarded the Queen’s Police Medal (QPM), in December 2020, as part of the Queen’s New Year’s Honours list.

The press release issued by the Ministry of Justice on 6 December 2023.

The Lord Chancellor has approved the appointment of Professor Seena Fazel as a member of the Independent Advisory Panel on Deaths in Custody for three years from 1 October 2023.

Established in 2009, the Independent Advisory Panel on Deaths in Custody (IAPDC) forms part of the Ministerial Council on Deaths in Custody in England and Wales. The IAPDC provides expert advice and challenge to Ministers, departments, and agencies with the central aim of preventing deaths in custody.

This appointment is made by the Secretary of State for Justice in consultation with the Department of Health and Social Care and the Home Office, who co-sponsor and co-fund the IAPDC.

Appointments are regulated by the Commissioner for Public Appointments and recruitment processes comply with the Governance Code on Public Appointments.

Biography

Professor Fazel is a serving member of the IAPDC, having begun his first term in 2018 and his second in 2021. Professor Fazel is the Professor of Forensic Psychiatry and Director of the Centre for Suicide Research, at the University of Oxford. Since 2007, he has also been an Honorary Consultant Forensic Psychiatrist for Oxford Health NHS Foundation Trust.

The press release issued by the Ministry of Justice on 5 December 2023.

Families could be given a greater role in the registering of their loved one’s death following an inquest under a planned Government consultation.

The proposals announced in the House of Commons yesterday (4 December) follows the tireless campaigning of families of victims of the Manchester Arena terrorist attack who felt it was unfair that the law prevented them playing a role in the registration of their childrens’ deaths, as well as the families of victims of other tragedies such as the Hillsborough disaster and Grenfell fire, and local MPs.

Currently, the coroner provides information for registration of a death where an inquest has taken place. This is in contrast with non-inquest deaths where family members are able to provide information about their loved one themselves.

Justice Minister Ed Argar said:

The loss of a loved one is a devastating blow and for it to happen in a senseless attack or a national tragedy is all the harder for loved ones to bear.

It is only right we look carefully at where we can reform the law so that families can play a greater role in registering the death as one final act for their loved.

The consultation will take into account proposals within the Data Protection & Digital Information Bill which will change how deaths are registered, moving from registration in paper registers to an electronic register. This will allow for alternative methods of registration to be considered in the future.

The consultation will be published in due course.

The press release issued by the Ministry of Justice on 5 December 2023.

The Secretary of State for Justice and Lord Chancellor confirmed today (4 December 2023) that the preferred candidate for the role of HMCIP is Martin Jones.

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.

Martin Jones has been selected as the preferred candidate for the role of HMCIP following a rigorous assessment process conducted in accordance with the Governance Code on Public Appointments.

The role is subject to pre-appointment hearing by the Justice Select Committee. Pre-appointment scrutiny is an important part of the appointment process for some of the most significant public appointments made by Ministers. It is designed to provide an added level of scrutiny to the appointment process. Pre-appointment hearings are held in public and allow a Select Committee to take evidence before a candidate is appointed. Ministers consider the Committee’s views before deciding whether to proceed with the appointment.

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 2012-2015 and as Head of Crime for Her Majesty’s Courts and Tribunals Service from 2008-2011.

The press release issued by the Ministry of Justice on 4 December 2023.

Bolstered prison security has thwarted thousands of attempts to smuggle drugs, weapons and phones behind bars as the clampdown on prison rule breakers advances.

New figures reveal more than 46,900 suspect items have been identified by the 75 high-tech X-ray body scanners installed in all closed adult male prisons since July 2020. It demonstrates the effectiveness of the Government’s £100m investment in prison security and new technology to cut violence, drug use and disruption on prison landings.

From this month, next-generation trace detection equipment will also be used to test for traces of psychoactive substances such as ‘spice’ embedded in clothing belonging to visitors or prison officers. Previously only the clothes or materials of prisoners were able to be tested.

This toughened security will continue the crack down on criminal attempts to exploit smuggling routes that fuels violence, addiction and crime behind bars.

Prisons and Probation Minister Edward Argar said:

Our clamp down to stop drugs, weapons and phones from getting into prisons is working.

The new tech we’ve brought in is making prisons safer for staff and ensuring prisoners focus on their rehab so we continue to cut crime.

X-ray scanners across the prison estate have helped thwart thousands of attempts to smuggle illicit items behind bars, often via the bowels of prisoners. Items that have been uncovered include mobile phones, charging leads, tobacco and drug packages.

The government’s investment of up to £100 million in bolstered prison security measures has seen 95 prisons now equipped with next-generation trace detection equipment and 75 equipped with X-ray body scanners. Other measures include:

• The deployment of more than 150 specially trained drug sniffer dogs to help crackdown on attempts to smuggle illicit contraband behind bars.
• The recruitment of 140 additional counter corruption personnel to help root out the dangerous few prison staff who abuse our rules.

Anyone caught smuggling illicit contraband and fuelling violence behind bars will face up to 10 years in prison.

The press release issued by the Ministry of Justice on 28 November 2023.

Thousands of rehabilitated ex-prisoners serving long-since abolished indefinite sentences will become eligible to have their licence period terminated earlier as part of new reforms.

Offenders released from prison on licence while serving Imprisonment for Public Protection (IPP) sentences currently have to wait a minimum of 10 years before they can have their licence reviewed by the Parole Board.

The new changes will mean IPP offenders serving their sentence in the community are referred for review 3 years after their first release.

IPP sentences were introduced in 2005, designed to prevent offenders who were considered dangerous from being released even though the offence did not merit a life sentence. There is broad consensus against the IPP sentence and the policy was scrapped in 2012 due to the inconsistent and more frequent application of these sentences than was intended.

If a licence is not terminated at the three-year mark by the Parole Board, it will automatically terminate after a further two years if the offender is not recalled to prison in that time. This is the first time these offenders will have a defined ‘end date’ to their sentence.

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

We are taking decisive action to curtail IPP licence periods to give rehabilitated people the opportunity to move on with their lives, while continuing to make sure the public are protected from the most serious offenders.

This is a major step towards wiping away the stain of IPP sentences from our justice system, without compromising public protection.

The changes will be applied retrospectively, meaning licences will immediately end for around 1,800 rehabilitated offenders once the legislation comes into force. Offenders who have been recalled to prison or taken into secure hospitals will not be eligible.

The government has amended its Victims and Prisoners Bill to make these changes which will accelerate the process of reducing the number of people bound by IPP sentences.

Around 800 will become newly eligible for Parole Board consideration by March 2025. The new legislation will also introduce a presumption that the Parole Board will terminate the licence unless it is still required to protect the public to give offenders the best opportunity to move on from their sentence.

Since IPP sentences were scrapped in 2012, the number of unreleased IPP prisoners has been reduced by three-quarters and those in custody are being supported to progress towards release through the government’s refreshed IPP Action Plan.

The legislation is expected to come into force 2 months after the Bill receives Royal Assent.

The press release issued by the Ministry of Justice on 27 November 2023.

Victims of major disasters will be better supported as they rebuild their lives with a new and permanent Independent Public Advocate, the Lord Chancellor has announced today.

This will ensure that survivors of major incidents like Hillsborough, the Manchester Arena bombing and the Grenfell Tower fire will be able to quickly receive the help and advice they need, when they need it.

Putting this vital role on a permanent footing will also mean the advocate is readily available around the clock and can be deployed quickly in the face of an emergency – advising victims on how to access vital financial, physical and mental health services and ensuring they understand their rights.

They will also be able to advise the Government on whether a review or inquiry should take place following a major incident. This will help relay victims’ views directly into the heart of Government when deciding whether answers need to be sought, lessons need to be learned, and authorities held to account.

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

A permanent Independent Public Advocate available for rapid deployment will mean victims can receive vital emotional and practical support from day one.

These reforms will give victims a voice when decisions are made about the type of review or inquiry to be held into a disaster, and will help ensure lessons are learnt.

Alongside the new appointment, the Government can also appoint specialist advocates with relevant experience to each individual disaster to offer expert advice and insight. These could include community leaders, for example, who hold the confidence of victims.

To further strengthen the role, the amendments will also give the advocate the power to produce reports without a direct request from the Justice Secretary – providing an independent and invaluable assessment of lessons learned and recommendations to the Government and other public authorities.

The amendments are being made to the Victims and Prisoners Bill as it returns to Parliament.

The creation of this role delivers on a previous manifesto commitment to create an Independent Public Advocate by the then Prime Minister, the Rt Hon Theresa May MP.

This was welcomed by Bishop James in his report into the experiences of the Hillsborough families and championed by both the Rt Hon Maria Eagle MP and the Rt Hon Lord Wills in Parliament.

Justice Minister Mike Freer said:

Our amendments today will make the Independent Public Advocate stronger, more independent, and better able to ensure victims voices are not just heard but listened to.

It will ensure that the bereaved and survivors of major disasters get the practical support and advice they need right through to the conclusion of any inquest or inquiry.

The establishment of a permanent Public Advocate alongside the ability to have additional experts builds on the Government’s original commitment by making sure victims receive the best support possible from a range of different professions, backgrounds, and geographical areas.

When the Public Advocate is not deployed, the person in the role will be expected to build relationships with public bodies involved in major incident response. This will help ensure they have a good understanding of the different roles, responsibilities and processes that follow a disaster.

Further information

• The definition of a major incident for the Independent Public Advocate is an event that occurs in England or Wales and is declared in writing by the Secretary of State to have caused the death of or serious harm to a significant number of individuals. This would cover major incidents such as the Grenfell Tower fire, the Hillsborough disaster, and the Manchester Arena bombing.
• Coronial jurisdiction is reserved for England and Wales and is devolved in Scotland and Northern Ireland. Therefore, it is within the competence of the Scottish Parliament and Northern Ireland Executive to establish their own IPA.
• The Independent Public Advocate will not act as a legal representative to victims.
• Bishop Jones’ report entitled ‘The Patronising Disposition of Unaccountable Power’ included numerous first-hand accounts of the Hillsborough families’ encounters with private and public authorities. The report found failings in the way in which the bereaved families were treated by those in authority.
• The creation of the Independent Public Advocate forms part of a wider set of recommendations made by Bishop James which the Government will respond to fully on 6 December.
• Investigations relating to the IPA include statutory inquiries under the Inquiries Act 2005 and inquests under the Coroner Justice Act 2009.

The press release issued by the Ministry of Justice on 27 November 2023.

A consultation looking at whether cowardly domestic killers should receive tougher sentences if they subject their victims to a campaign of coercive and controlling abuse, has been launched by the Lord Chancellor today.

Ministers will also consider whether murderers who use a knife or another weapon already at the crime scene to kill should also face steeper starting points – a change that could result in higher minimum terms in these cases.

Every year, around 90 people – overwhelmingly women – are killed by their current or ex-partner, with most of these murders taking place in the home. And when a weapon is used – often a kitchen knife – it is normally already at the scene.

This means that although weapons are used, these offences generally do not qualify for a higher starting point – with a discrepancy of up to ten years compared with murders where a weapon is taken to the scene.

Lord Chancellor and Justice Secretary Alex Chalk said:

“It is shocking that around 1 in 4 murders are committed by a current or former partner, or relative.

This Government has already gone further than ever to protect women and girls, with tough new protection orders plus laws to ensure abusers and killers spend longer behind bars.

To make sure sentencing policy is meeting the threat, it is right to review this complex landscape so that the scourge of violence against women is tackled as coherently and effectively as possible.

Currently, when a knife or other weapon is taken to the murder scene with intent, the starting point is 25 years. This reflects the increased risk to the public when knives are carried on the streets. Where a knife is used, but not taken to the scene, a 15-year starting point normally applies.

Campaigners on this issue include Carole Gould and Julie Devey, whose daughters Ellie Gould and Poppy Devey Waterhouse were killed by their former partners using knives found in the home.

Justice Minister, Gareth Bacon, said:

For some evil people, murder is the brutal final act of a controlling and coercive relationship with their partner. It is only right we look at whether the sentences for these types of killings reflect this sustained and unacceptable abuse.

This consultation builds on the action we are taking to clamp down on domestic homicide, by introducing new laws to punish abusers with longer jail terms, and better protect victims.

The consultation reflects the Government’s determination to ensure the sentencing framework for murder properly punishes perpetrators of this horrific crime, while giving victims’ families the justice they deserve.

In response to Clare Wade’s landmark independent review of sentencing in cases of domestic homicide, the Government has introduced a raft of measures to ensure sentences reflect the seriousness of the crime.

This includes the introduction of new legislation which will make:

• “Overkill” and previous controlling or coercive behaviour by the murderer a statutory aggravating factor resulting in longer sentences
• A history of controlling or coercive behaviour a mitigating factor where the perpetrator was subject to this behaviour
• Killing connected with the end of a relationship a statutory aggravating factor, through the Criminal Justice Bill

The Domestic Homicide Sentence Review was commissioned in 2021 to examine whether the sentencing framework should be reformed to better reflect the seriousness of domestic homicide and to identify options for improvements.

It followed a series of high-profile domestic murders and concerns from the then Victims’ Commissioner and Domestic Abuse Commissioner about how these offences are handled by the justice system.

This is the latest step in the Government’s commitment to be tough to keep the worst offenders locked up.

The Government has already ended the automatic release of sex and terrorist offenders, brought in a minimum 14-year jail term for anyone convicted of serious terror offences and under the new Sentencing Bill, the most horrific murderers will spend the rest of their lives locked up, including for any murder involving sexual or sadistic conduct, while criminals who commit rape and other serious sexual offences will spend every day of their sentence behind bars.

The press release issued by the Ministry of Justice on 22 November 2023.

The UK’s status as a multi-billion-pound global leader in arbitration services will be secured by new legislation introduced to Parliament on 21 November 2023.

The Arbitration Bill will benefit businesses and individuals around the world who look to the UK as the best place to resolve disputes from family law and rent reviews to international commercial contracts and claims by foreign investors made against entire countries.

Modernising the framework for arbitration in this country for the first time in 26 years – making it quicker, cheaper and more efficient –will cement the position of this high-value sector in the face of growing competition from other centres such as Singapore and Paris.

With arbitrations in England and Wales worth £2.5 billion to the British economy each year in fees alone, the Bill will help the UK’s world-leading legal services sector to continue to flourish.

In supporting people and businesses to settle disputes without having to go to court, British arbitrators will save them time and money.

Justice Minister, Lord Bellamy, said:

These much-needed changes will modernise the role of arbitrators and further cement our position as a world leader in the field.

The UK is a globally-respected hub for legal services, with English and Welsh law the bedrock for the majority of international disputes, and the Arbitration Bill will ensure businesses from around the world continue to come here to resolve their disagreements.

Other countries have already modernised their laws and as a result, the government asked the Law Commission in 2021 to review the Arbitration Act to ensure the UK remains ahead of the curve when it comes to dispute resolution. They consulted extensively before making recommendations to the government which were backed the arbitration sector.

Accepting the Law Commission’s recommendations in full means arbitrations in this country will remain fair and efficient and will cement the UK’s status and economic benefit as a world leader.

Changes include:

• Strengthening the courts’ powers to support emergency arbitration so time-sensitive decisions can be made more easily, such as the preservation of evidence to avoid bad actors destroying key materials.
• Providing more clarity on the law of arbitration.
• Simplifying procedures to reduce delays and costs for clients.
• Protecting arbitrators from unreasonable lawsuits – for example if the arbitrator needs to resign from the case with good reason, to ensure they can make impartial decisions.

Catherine Dixon, CEO of Chartered Institute of Arbitrators, said:

We worked very closely with the UK Law Commission and other officials during its review of the Arbitration Act 1996. As the leading professional body for dispute resolvers, we are delighted that the majority of our recommendations were adopted in the Law Commission’s report and, subsequently, the Bill.

We are pleased that the UK Government has included legislative reform of the Arbitration Act as a key priority in this Parliament, recognising the importance of arbitration to the UK and globally, as the Act forms the basis of legislation in many other jurisdictions.

Notes to editors

This Bill will:

• Empower arbitrators to expedite decisions on issues that have no real prospect of success to make arbitration more efficient.
• Introduce a duty on arbitrators to tell clients any circumstances which could cast reasonable doubt on their impartiality in deciding an outcome of a dispute.
• Make clearer which law underpins arbitration agreements so arbitrations which happen in England, Wales, or Northern Ireland are supported by the relevant UK law.
• Empower the court to make orders supporting the actions of emergency arbitrators to enhance their effectiveness, and make orders in support of arbitral proceedings against third parties (those not involved in the proceedings) to for example preserve evidence or take witness evidence.
• Extend arbitrator immunity against liability for resignations and the costs of the application to court for their removal, to support arbitrators to make impartial decisions.
• Simplify court procedures related to arbitration to increase clarity as well as reduce delays and costs for clients.