Tag: Ministry of Justice

The press release issued by the Ministry of Justice on 2 August 2023.

The former Rainsbrook Secure Training Centre is set to reopen as a Category C men’s prison, in the latest of a string of measures to boost jail capacity, Prisons Minister Damian Hinds has announced today.

The refurbishment of the Rainsbrook site will create up to 131 new prison places – helping to put serious offenders behind bars and provide a boost to the local economy with 100 new jobs.

The new jail will operate as an annexe of neighbouring HMP Onley, a Category C prison that helps offenders turn their backs on crime by giving them the skills through workshops and additional support to find work on release – an approach proven to cut crime and save the tax-payer money.

This is the latest step in the government’s commitment to boost prison capacity, which includes creating 20,000 modern prison places, the largest prison-building programme since the Victorian era – with 5,400 of these places already delivered.

The 20,000 places are being delivered through the construction of six new prisons, alongside expansions and refurbishments at existing jails and the delivery of 1,000 Rapid Deployment Cells.

HMP Fosse Way in Leicestershire, the second of these new state-of-the-art prisons, opened its doors last month.

Prisons Minister Damian Hinds said:

Redeveloping Rainsbrook is the latest step in our plans to create more prison places as we continue to take serious criminals off the streets.

Alongside vital taxpayer savings and creating more jobs for the local economy, we are making sure that every acre of the prison estate is being used effectively to rehabilitate offenders and help them turn their backs on crime for good.

Rainsbrook Secure Training Centre was previously a secure unit for children aged between 12 and 17 and closed in 2021. The redevelopment of the former Rainsbrook site is due to be completed by early 2025.

The press release issued by the Ministry of Justice on 2 August 2023.

Stricter rules to govern how police use cautions will ensure they should only be used for minor, first-time offences under a new code of practice published today (2 August).

Last year, the government changed the law to end a patchwork of cautions, warnings and penalties that had previously led to the inconsistent and, sometimes, inappropriate use of so-called Out of Court Disposals (OOCDs).

It was replaced with a simpler two-tier caution system designed to deal with low-level and first-time offences in a proportionate way outside of court, while sending a clear message that serious, persistent offenders will always be pursued rigorously through the courts.

The new, draft Code of Practice provides stricter guidance to police on how and when to use OOCDs, including the need to consider victims’ views when considering using them and the conditions applied to any caution.

Justice Minister Damian Hinds said:

The current system for these punishments has grown unwieldy, and has led to inconsistencies in their use.

This simplified system will ensure victims see justice being delivered, better nip lower-level criminality in the bud and guarantee the most serious offenders always face the full glare of the courtroom.

The new cautions framework introduced through the Police, Crime, Sentencing and Courts Act 2022 has 2 types:

• Community Cautions (lower tier) where a breach of the conditions can result in a fine
• Diversionary Cautions (upper tier) where a breach of the conditions can result in prosecution for the original offence

They are an important way of tackling the early stages of offending behaviour, helping to nip it in the bud and steer people away from a life of crime.

Unlike in the previous system, both cautions must be issued with one or more meaningful conditions focusing on rehabilitation or providing direct restitution to the victim or the local community. These could include targeted unpaid work such as cleaning up graffiti, drug treatment courses or a compensation payment to the victim.

Offenders must admit their offence to be eligible for the new cautions, meaning they accept responsibility for their actions and engage with their punishment. Certain serious crimes like use of offensive or bladed weapon will be specified as excluded offences, sending a strong signal that serious offences should be pursued through the courts.

The changes will also provide clarity to frontline police officers over when and how cautions should be used, empowering them to deliver swift justice for low level offences while ensuring the public are always protected and serious offenders are always pursued through the courts.

NPCC Lead for Out of Court Resolutions (Disposals), Cmdr Dr. Alison Heydari, said:

I am delighted that we are moving into the next phase of the delivery of the new cautions framework.

The new simplified framework affords us the opportunity to divert those away from offending behaviours through appropriate Diversionary Interventions who otherwise might have entered the Criminal Justice System. The strategic intention is to support, educate and rehabilitate where it is appropriate to do so leading to better life outcomes for families, communities and wider society.

The consultation launched today sets out the draft Code of Practice for Diversionary and Community Cautions. Once finalised, the Code will provide operational guidance on the use, administration, and scrutiny of the new cautions. It will be used by Police, Crown Prosecutors, and other authorised bodies when considering sanctioning an offence out of court.

The draft Code of Practice sets out our proposals for how the new cautions will work, including factors to consider case-by-case for their repeat use and available financial penalties.

The press release issued by the Ministry of Justice on 1 August 2023.

A new government-backed scheme providing free legal advice to help 38,000 people a year at risk of losing their home launches today (1 August).

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

One year anniversary of cameras starting to roll in the Crown Court.

Millions of viewers have seen justice served in over 30 serious criminal cases in the last year – shining a spotlight on the inner workings of the Crown Court and boosting public understanding on how trials operate.

Today (Friday 28 July) marks the one-year anniversary since the first TV broadcast of sentencing remarks from the Old Bailey, capturing the sentencing of Ben Oliver who was in the dock for the manslaughter of his grandfather.

Since that landmark moment – made possible thanks to a major change in the law permitting camera crews to film judges in the Crown Court as they sentence serious criminals – broadcasters have filmed the sentencing of 33 offenders, including Thomas Cashman and Wayne Couzens.

And in a bid to further boost public understanding of how justice is delivered in England and Wales, Parliament is now consulting on whether to expand filming to include Court of Appeal judges sitting in the Crown Court.

If the law is extended, it would mean sentencing remarks in even more serious cases could be captured and beamed to the nation, throwing the doors open on the workings of the country’s most senior judges.

Justice Minister, Mike Freer, said:

Today marks one year since this landmark change opened up the Crown Court to television cameras, seeing them broadcast judges’ sentencing remarks for some of the most serious offenders for the first time.

It has allowed the public to see justice being done in their courts and to understand the complex decisions judges make, building confidence in the justice system.

Measures only allow for the judge to be filmed during sentencing remarks to protect the privacy of victims, witnesses and jurors.

Chair of the broadcast group filming proceedings, John Battle, (ITN’s Head of Legal and Compliance) said:

Filming of sentencing has been a great success and has swiftly become the norm. It has brought public engagement with the justice system to a whole new level.

For many it will have been the first time they have seen inside the Crown Court and the sentencing process.

Authorised broadcasters – Sky, BBC, ITN and Press Association – must apply to film and broadcast the sentencing remarks and requests are decided by the judge in each case.

Filmed remarks are aired with a short delay when broadcasting live to avoid any breach of reporting restrictions or errors, with footage subject to the usual reporting restrictions. They are then hosted by Sky News on a dedicated YouTube channel where they have so far generated hundreds of thousands of views.

The change has been made possible thanks to HMCTS staff alongside media partners.

This provision comes alongside the government’s wider court reform and digitalisation programme to increase access to justice, including the roll out of video technology to facilitate thousands of remote hearings and the use of video-recorded evidence for victims of rape and sexual offences.

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

The Lord Chancellor has written to the Chair of the Solicitor’s Regulation Authority following the Mail’s investigation.

The press release issued by the Ministry of Justice on 25 July 2023.

Tens of thousands of people will be able to access free mediation to resolve disputes away from court following major reforms to the civil justice system announced today (Tuesday 25 July).

Following a consultation launched last year, the government has committed to fully integrate mediation as a key step in the court process for small civil claims valued up to £10,000, starting with specified money claims which make up 80% of small claims. This could include claims such as a homeowner suing their builder for failure to deliver a service as promised or businesses recovering debts from a customer.

Over 180,000 parties will be referred automatically to a free hour-long telephone session with a professional mediator provided by HM Courts and Tribunals Service (HMCTS) before their case can be progressed to a hearing.

It is estimated that greater use of mediation could positively impact up to 92,000 cases per year. This could free up to 5,000 sitting days a year, providing a substantial boost to court capacity and helping the government to reduce waiting time for the most complex cases.

Changes will also provide parties with the opportunity to resolve disputes out of court, reducing costs and removing some of the unnecessary stress court cases can bring.

Today’s news is the first step in the government’s journey towards simplifying processes for civil cases, a commitment that will see a reduction in lengthy, stressful, and often unnecessary, county court cases.

Justice Minister Lord Bellamy KC said:

A vast number of cases that go through the civil courts each year could be settled far more swiftly and with less stress through mediation.

By integrating mediation for small civil claims we will create valuable court capacity, freeing up time for judges and reducing pressures on the courts.

To support these changes coming into effect, HMCTS will be expanding the Small Claims Mediation Service (SCMS) by recruiting and training additional mediators and updating necessary technology. The SCMS has been providing voluntary mediation since 2007, settling over half of claims referred to it each year within weeks of starting the case.

By integrating mediation for civil claims up to £10,000, the government is going further than the Civil Justice Council’s recommendation for claims up to £500, supporting even more people to reach a resolution away from court.

James South, Chief Executive of CEDR, said:

The success and satisfaction rates of the current small claims mediation service has shown how mediation can bring those benefits to parties involved in small claims.

It is for this reason, CEDR has always been very supportive of automatic referral of civil disputes valued up to £10,000 to mediation, as this will provide more disputants with access to the benefits that we know mediation can bring them.

Today’s reforms are part of wider government action to make broader changes in the culture around dispute resolution in England and Wales.

In March of this year, the government announced plans to mandate mediation for separating families to protect children from witnessing disputes in the family courts, with an ambition to help 2,000 separating families. The scheme has now distributed almost 20,000 mediation vouchers – ten times the original goal. Analysis of the first 7,200 scheme users shows 69% reach a full or partial agreement without needing to go on to court.

Mia Forbes Pirie, a Director of the Civil Mediation Council (CMC), said:

Mediation is key to resolving disputes of all sizes efficiently and cost-effectively. Mediation can be adapted to suit most types of claim and has high success rates both for small and large matters. It saves the parties and the courts time and money and we are delighted that the Ministry of Justice has decided automatically to refer claims of up to £10,000 to mediation.

Martin McTague, National Chair of the Federation of Small Businesses (FSB), said:

An accessible, fair and affordable dispute resolution system is vital to small firms. Introducing an automatic referral to free mediation for civil disputes up to £10,000 is a welcome step and will help speed up access to justice, and avoid expensive litigation for small civil claims. We would also like to see the small claims limit raised, so more parties can benefit from cheaper dispute resolution.

The press release issued by the Ministry of Justice on 24 July 2023.

The Lord Chancellor has announced the reappointments of Mrs Justice Jefford to the role of Deputy Chair for the Boundary Commission for Wales and Mr Justice Lane to the role of Deputy Chair for the Boundary Commission for England.

The press release issued by the Ministry of Justice on 20 July 2023.

The Lord Chancellor has approved the appointment of Her Honour Deborah Taylor as the new Chair of the Criminal Legal Aid Advisory Board for 18 months from July 2023.

The CLAAB was established following Lord Bellamy’s Criminal Legal Aid Independent Review (CLAIR) recommendation that an independent Advisory Board be established to take a wider view and encourage a more joined-up approach to criminal legal aid within the criminal justice system.

The CLAAB will ensure that criminal defence practitioners have ongoing input into the future development of the criminal legal aid system.

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

Her Honour Deborah Taylor’s extensive experience in criminal law will be invaluable to the Board as we continue our work to strengthen the legal aid system.

Legal Aid is a crucial part of ensuring victims get access to justice and strengthening the rule of law, and our reforms are putting it on a sustainable footing both now and for the future.

Biography

HH Deborah Taylor was a Senior Circuit Judge, Resident Judge at Southwark Crown Court and Recorder of Westminster until her retirement from the Judiciary in December 2022. In 2022 she was Treasurer of Inner Temple, where she advocated for greater diversity at the Bar.

Since March 2023, Deborah has been Chair of the Medical Practitioners Tribunal Service (MPTS) which deals with doctors’ fitness to practise and ensures members of the public are adequately protected. Deborah is also a member of the Advisory Board of Durham University Law School and a Trustee of Shakespeare’s Globe.

Notes

The CLAAB’s purpose is to provide independent advice to the Lord Chancellor on the operation and structure of the existing and future criminal legal aid schemes and to assess how these schemes should adapt to support a high-performing criminal justice system and the wider objectives of the legal profession.

The CLAAB has met three times since it was first established – in October 2022, then in January and April 2023. The Board will meet again on 20 July 2023.

The membership currently includes representatives from the Bar Council, the Law Society, Criminal Bar Association, London Criminal Courts Solicitors’ Association, Criminal Law Solicitors’ Association, CILEX and Ministry of Justice officials.

The press release issued by the Ministry of Justice on 20 July 2023.

Controlling ex-partners who lash out at the end of their relationship will face longer than ever behind bars under new government plans to tackle domestic homicide.

The change, announced by the Lord Chancellor, is part of a wide-ranging response to Clare Wade KC’s Domestic Homicide Sentencing Review published today (20 July 2023) which will overhaul the law to better protect vulnerable women.

Building on measures already announced in the interim response in March, today’s reforms will create a new aggravating factor for murder at the end of a relationship while also introducing a mitigating factor in cases where the perpetrator has been subjected to a campaign of controlling behaviour before lashing out against their abuser.

Research shows that around one in four homicides are committed by a current or former partner or relative. Recognising the complex nature of murder sentencing, Ministers will also expand a planned consultation on a 25-year starting point for domestic murders with a history of controlling or coercive behaviour to include murders using a knife or other weapon found at the scene.

This will seek the public’s views on the current difference between sentences for murder where a knife is brought to the scene compared, for example, to one already in the home.

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

Cowards who murder their partners should face the full force of the law.

Our reforms will give judges the power to punish murderers for the added pain and trauma they inflict through ‘overkill’ as well as ensuring that those who coercively control their victims or kill them at the end of a relationship face longer behind bars.

To further ensure the law is working to provide justice the government will ask the Law Commission to review the use of defences in domestic homicide cases. This will look at whether the gender of the defendant impacts how successful these defences are – with the Wade Review suggesting that female defendants are less successful than men. This includes examining the partial defences of “loss of control” and “diminished responsibility” and whether the law adequately considers circumstances where a victim of domestic abuse acts in self-defence.

The list of measures in the full government response to Clare Wade’s review into domestic homicide sentencing includes:

• Bringing greater recognition to the specific circumstances of domestic murders by creating statutory aggravating factors for murder for:
  • Killing at the end of a relationship
  • Overkill and use of excessive violence
  • A history of coercive or controlling behaviour
• Creating a statutory mitigating factor for murder where the perpetrator has been subjected to coercive or controlling behaviour
• Continuing to improve the collection and recording of data on domestic homicides in England and Wales to identify patterns, trends, and risk factors via the Domestic Homicide Review Library
• Working with partners to implement and improve mandatory training for Crown Prosecution Service staff on understanding coercive control.
• Consulting on a 25-year starting point for coercive or controlling behaviour and sentencing for murders which take place with a weapon found at the scene
• Writing to the Sentencing Council to propose that they review their guidelines for manslaughter sentencing in light of Clare Wade’s recommendations and the government’s response.
• Asking the Law Commission to review the use of defences in domestic homicide cases

Justice Minister, Edward Argar, said:

Too many women are murdered every year by those they should feel safest with.

This government is working tirelessly to tackle violence against women, and these changes will mean perpetrators spend longer behind bars by taking greater account of the specific factors which are all too present in these horrific cases.

Of the murder cases reviewed by Clare Wade KC over half (51 per cent) involved controlling or coercive behaviour while excessive violence, or overkill, was identified in 60 per cent, with men being the perpetrator in all but one case. Nearly half (48 per cent) were caused in part by feelings of jealousy or resentment at the end of the relationship.

Legislation to implement these changes to the sentencing framework will be laid as soon as parliamentary time allows.  The consultation on a new 25-year starting point for domestic murders preceded by coercive or controlling behaviour and to further explore the sentencing for murders committed with a knife or other weapon already at the scene and murders where the weapon is brought to the scene will take place later this.

Domestic Abuse Commissioner, Nicole Jacobs, said:

I welcome the publication of the Government’s response to the Review. In particular, I am pleased that the Government have committed to introducing a range of new statutory aggravating factors to ensure that the circumstances surrounding domestic murders are given adequate legal weight when considering sentencing. I look forward to continuing to work with the Government on the implementation of the review recommendations and feeding into work by the Law Commission on the review of defences to murders involving domestic abuse.

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

A record number of offenders at risk of homelessness will be temporarily housed in basic accommodation as part of a national initiative to cut crime, Prisons Minister Damian Hinds has announced.

Up to 12,000 prisoners in England and Wales at risk of being released homeless will be offered temporary housing for up to 12 weeks as part of the Community Accommodation Service scheme.

Evidence shows that offenders in stable accommodation are 50% less likely to commit further crimes – reducing the annual £18 billion cost of reoffending on society. Having an address also allows offenders to find work and access treatment for addictions and mental health problems, while being closely monitored by the Probation Service.

The scheme, which was initially launched in July 2021 and piloted successfully in 5 Probation Service regions, is aimed at prison leavers who are at risk of slipping back into a life of crime – ultimately keeping the public safe and reducing reoffending.

Prisons and Probation Minister, Damian Hinds, said:

This initiative is geared to prevent thousands of people from becoming victims each year by reducing the risk of offenders committing further crimes, saving the taxpayer some of the £18 billion cost of repeat offending.

Getting offenders off the streets and into temporary accommodation provides the necessary foundation to break the cycle of crime and keep the public safe.

Offenders housed under the scheme will be supported to find permanent accommodation and will also be referred to specialist support to get them off drugs and into employment or training.

The latest figures show ex-prisoners in steady jobs are known to be up to 9 percentage points less likely to commit further crimes.

This support will be underpinned by strict supervision from the Probation Service. Offenders who are in breach of their licence conditions can be returned to prison.

Janet, who spent 6 weeks in the accommodation, said:

Having a roof over my head after walking out of the prison gates stopped me from living on the street or going back to my ex and getting into trouble. While I was there, I achieved some independence and got a tenancy. I wouldn’t have been able to do that without the foundations offered to me by this temporary accommodation.

Today’s news is part of wider government efforts to reduce re-offending and keep the public safe. Last month marked the launch of 3 new ‘Intensive Supervision Courts’ designed to force low-level offenders to tackle their substance issues so they can get back on the straight and narrow.

Thousands of prisoners have also been helped into employment upon release following innovative schemes such as Employment Advisory Boards, which have been rolled out in 92 prisons to improve the education and training on offer. These measures have helped more offenders into a steady job with the latest statistics showing the proportion of prison leavers finding work within 6 months increasing from 23% to 30% since 2022.

This scheme will complement the government’s landmark Rough Sleeping Strategy which will help more than 7,000 prison leavers at risk of homelessness into private rental accommodation. The scheme is backed by more than £40 million and will help councils provide rental deposits, landlord incentives and dedicated support staff.

Ellie King, Senior Manager of Housing Action Management, said:

We are extremely proud to have been involved in this scheme since its inception and the opportunity to make a positive change to the lives of prison leavers. Providing a safe space, support and stability can help towards breaking the cycle of reoffending, and this increases the chance of successful reintegration back into the community.

The positive feedback that we constantly receive from our welfare support visits and interactions with prison leavers demonstrates that this scheme is making a real difference and providing hope for the future.