Tag: Ministry of Justice

The press release issued by the Ministry of Justice on 18 December 2023.

Mike Freer MP, Parliamentary Under Secretary of State, has approved the reappointment of Flora Page, as a non-lay member of the Legal Services Board, for 4 years from 1 August 2024.

Biography

Flora Page has been both a solicitor and a barrister. In 1996, she joined Clifford Chance and subsequently worked for the Law Commission and the University of Law. Flora than established her own firm, Old Bailey Solicitors. Having obtained, in 2002, higher rights of audience, she cross-qualified – in 2013 – as a barrister and joined 23 Essex Street Chambers. Her practice focusses on financial crime, and she prosecutes and defends in equal measure.

She is a leading junior, a Grade 4 Prosecutor, and a facilitator for Advocacy and the Vulnerable training. Flora has also had a period at the Financial Conduct Authority, where she has worked in both enforcement and consumer redress policy development. She is also a part-time PhD student at University College London, researching corporate misconduct. She was a long-serving committee member of the Solicitors’ Association of Higher Court Advocates, and then a member of the Executive of the Criminal Bar Association. Flora has been a member of the 23 Essex Street Equality and Diversity Committee, and a Financial Conduct Authority Equality and Diversity Superuser.

She is currently appearing in the Post Office Horizon IT Inquiry.

The press release issued by the Ministry of Justice on 15 December 2023.

Genealogists, historians and amateur family archivists will be better able to access historic wills under proposals published today.

The ambitious digitisation programme could see millions of wills dating back more than 150 years moved online and more easily accessible to the public in a bid to improve the current storage system.

Currently about 110 million physical documents are stored costing taxpayers £4.5 million per year. The consultation is seeking views on keeping hard copies for about 25 years, in recognition of their sentimental value to families, while saving them digitally longer term.

Where wills belong to notable individuals or have significant historical interest the physical copies would remain preserved. The wills of Charles Darwin, Charles Dickens and Diana, Princess of Wales are among those currently stored at the Ministry of Justice facility in Birmingham.

Justice Minister Mike Freer said:

Historic wills can provide us with a unique window into the past and we want to make it as easy for amateur and professional historians alike to access these documents.

Digitalisation allows us to move with the times and save the taxpayer valuable money, while preserving paper copies of noteworthy wills which hold historical importance.

Presently where wills are submitted for scrutiny, predominately when people apply for probate, the High Court is required to preserve them permanently – and has done since 1858.

The process of scanning wills and supporting documents is already in place, as routine digitising began in 2021, however this has not extended to any documents submitted before 2021.

If people wish to access these wills or documents, they must apply and wait for them to be removed from storage and digitised so a copy can be sent out. This process can take weeks.

Under the proposals, a programme of working backwards to digitise all older documents will begin. Once digitised, access requests will be serviceable much more quickly.

The consultation also suggests exceptions should be made to preserve the original paper wills of famous people for historic record. It is seeking views on drawing up suitable criteria for those decisions.

The consultation will end on 23 February 2024.

Notes to editors

• The legality of a will is something that needs to be established. In many cases this is done by the courts in granting probate, however, in a very small number of cases wills can be subject to challenge. For example, by an allegation that a fraud was committed, or undue influence exerted on the person making the will. That means the court will need to check the will and it is held in case challenges are made.
• Since 2021, digital copies have been made of wills and supporting documents in all new probate applications. This system has been working well, with more than half a million digitised so far.
• The consultation paper is also seeking views on whether all the supporting documents currently held permanently need to be retained – for example deed polls, affidavits etc.

The press release issued by the Ministry of Justice on 15 December 2023.

Extra staff have been deployed to HMP Bedford to reduce violence and self-harm as part of a package of urgent measures to improve conditions at the prison.

The changes follow on from a critical review by His Majesty’s Inspectorate of Prisons (HMIP) in November which identified serious concerns resulting in an Urgent Notification.

As part of the Urgent Notification process Ministers have 28 days to respond to the notice and set out the immediate actions needed to bring about long-term change.

Two senior leaders have been brought in solely to help deal with the complex causes of violence and self-harm at the prison. They will use their extensive experience to help staff tackle these issues and mandatory drug testing will also be reintroduced to cut drug-related violence.

Improvements to living conditions are already underway with more cleanliness and pest control checks and a new Segregation Unit is being constructed to open in Spring 2024.

Prisons Minister Edward Argar said:

I was deeply concerned about the Inspectorate’s findings at HMP Bedford and the actions I am setting out today will address the issues highlighted by the Chief Inspector.

The experienced staff we have brought in will help reduce violence and improve safety, following the improvements to the prison’s living conditions we’ve already made.

Other areas where immediate action is being taken include:

• Recruiting two new Diversity and Inclusion Leads to ensure prisoners can raise concerns over accusations of racism and that they are addressed immediately.
• A weekly Use of Force scrutiny review panel has begun and reviews all incidents where force is used against prisoners.
• An independent review of prisoner induction will be carried out to ensure all prisoners receive a full induction that meets their needs on arrival.
• To improve access to purposeful activity the prison’s education provider will deliver maths and English teaching to 50% more prisoners from April 2024.

The government introduced the Urgent Notification process in 2017 to ensure immediate, urgent action was taken when necessary to address serious concerns identified by inspectors.

The press release issued by the Ministry of Justice on 11 December 2023.

His Majesty The King, on the advice of the Lord Chancellor, has approved the appointment of 5 commissioners to the Judicial Appointments Commission.

His Majesty The King, on the advice of the Lord Chancellor, has approved the appointment of the following as commissioners of the Judicial Appointments Commission (JAC) for a term of 3 years from 1 January 2024.

Those appointed are:

• Christopher Bones (lay Commissioner)
• Anthony Harnden (lay Commissioner)
• Clare McGlynn (lay Commissioner)
• Noel Arnold (judicial Commissioner)
• Uchechi Igbokwe (non-legally qualified judicial Commissioner)

The JAC is an independent body that selects candidates for judicial office in courts and tribunals in England and Wales, and for some tribunals with UK-wide jurisdiction. Candidates are selected on merit, through fair and open competition.

JAC Commissioners are appointed, under Schedule 12(1) of the Constitutional Reform Act 2005, by His Majesty The King on the recommendation of the Lord Chancellor. Commissoner appointments comply with the provisions of the Judicial Appointment Commission Regulations 2013.

Biographies

Christopher Bones

Since 2018, Chair of the Chartered Institute of Legal Executives and is a Non-Executive Director (NED) at three other organisations. He is a non-lawyer who has been appointed to expert and advisory Panels and worked on Lord Bellamy’s Criminal Legal Aid Review. Has been a Member of the Criminal Legal Aid Advisory Board from 2022-2023.

Anthony Harnden

He has worked as a Principal in General Practice at Morland House Surgery, Wheatley Oxfordshire for 33 years. He is a Professor of Primary Care at the Nuffield Department of Primary Care Health Sciences at the University of Oxford and Honorary Fellow of St Hugh’s College. Since 2006 he has been the GP member of the Joint Committee on Vaccination and Immunisation (JCVI) which advises the UK government on vaccine policy and in 2015 was appointed Deputy Chairman; and since 2017 he has been a registrant Council member of the General Medical Council (GMC) and for the past 3 years has been Chairman of the GMC Remuneration Committee.

Clare McGlynn

Since 2004, Professor of Law at the University of Durham with particular expertise in the legal regulation of online abuse and sexual offending. Clare was appointed an honorary King’s Counsel in 2020 in recognition of her work championing equality in the legal profession and the influence of her research in shaping new criminal laws. In 2019, she was appointed a member of Parliament’s Independent Expert Panel.

Noel Arnold

Noel became a Judge of the First-tier Tribunal (Social Entitlement Chamber) in April 2020 having previously been appointed as a fee-paid First-tier judge in the same jurisdiction. Noel was admitted to the Roll of Solicitors in April 2006. He was the Co-chair of the Association of Lawyers for Children from 2017 to 2019 and was a committee member of the Law Society’s Children Law sub-committee for 10 years. He currently sits on the Senior President of Tribunal’s Diversity Task Force.

Uchechi Igbokwe

Uche, since 2004, works as a consultant histopathologist for Barking, Havering and Redbridge (BHR) University Hospitals NHS. In 2018 BHR University Hospitals NHS Trust appointed Uche as Clinical Lead for histopathology and Pathology Clinical Director until March 2024. He was appointed a magistrate in 2006 and for over 10 years has been a presiding justice in both the adult criminal court and the family panel.

The press release issued by the Ministry of Justice on 11 December 2023.

His Majesty The King, on the advice of the Lord Chancellor, has appointed Deputy Senior District Judge Tanweer Ikram CBE DL as a judicial Commissioner of the Judicial Appointments Commission (JAC) for a tenure of 3 years from 14 December 2023.

The JAC is an independent body that selects candidates for judicial office in courts and tribunals in England and Wales, and for some tribunals with UK-wide jurisdiction. Candidates are selected on merit, through fair and open competition.

JAC Commissioners are appointed, under Schedule 12(1) of the Constitutional Reform Act 2005, by His Majesty The King on the recommendation of the Lord Chancellor. Commissioner appointments comply with the provisions of the Judicial Appointment Commission Regulations 2013.

Biography

Appointed the Deputy Senior District Judge (Chief Magistrate) in 2017, previously District Judge (Magistrates’ Courts) in 2009. He also served as an Associate Judge on the Sovereign Base Area of Episkopi & Dhekelia (Cyprus). He was Called to the Bar in 1990 and now a Bencher at Inner Temple. He was also admitted a solicitor in 1993. In 2004, he was appointed Deputy Lead Diversity & Community Relations Judge where he leads 150 judges engaged in diversity work. In 2022, he was awarded CBE for services to judicial diversity.

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.