Tag: Ministry of Justice

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

Inquiry will cover actions of police, prosecutors and appeals review body.

Lord Chancellor Alex Chalk and Attorney General Victoria Prentis have ordered an independent inquiry into the circumstances and handling of Andrew Malkinson’s case after his conviction was quashed by the Court of Appeal last month.

The inquiry will investigate the handling and the role of Greater Manchester Police, the Crown Prosecution Service and the Criminal Cases Review Commission in his conviction and subsequent appeals to ensure lessons are learned from the significant miscarriage of justice he has suffered.

It will be led by a senior legal figure and the Criminal Cases Review Commission, Crown Prosecution Service and Greater Manchester Police have all today pledged their full co-operation.

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

Andrew Malkinson suffered an atrocious miscarriage of justice and he deserves thorough and honest answers as to how and why it took so long to uncover.

The core function of our justice system is to convict the guilty and ensure the innocent walk free. Yet a man spent 17 years in prison for a crime he did not commit while a rapist remained on the loose. It is essential that lessons are learned in full.

Greater Manchester Police’s Chief Constable Stephen Watson said:

I am very sorry that Mr Malkinson has suffered so grievously over these past many years. I acknowledge and regret the very difficult and prolonged journey that Mr Malkinson has had to undertake to prove his innocence. This appalling miscarriage of justice merits the most detailed scrutiny.

I therefore welcome the opportunity that this independent inquiry represents to examine all of the relevant facts in forensic detail. GMP’s participation in this process will be fulsome and reflective of integrity, candour and humility.

Max Hill KC, Director of Public Prosecutions, said:

We welcome and will co-operate fully with the inquiry into the role of all parties in the Andrew Malkinson miscarriage of justice. As well as supporting the inquiry, the CPS is fully committed to supporting the fresh investigation and bringing the right offender to justice.

Helen Pitcher OBE, chairman of the Criminal Cases Review Commission, said:

To understand what went wrong in this appalling miscarriage of justice, every organisation involved in handling the case has to fully embrace this whole-system review quite rightly commissioned by the Lord Chancellor.

We must all contribute fully and engage promptly – and with a commitment to implement any recommendations it draws.

This cross-organisational review will complement the additional review being led by Chris Henley KC specifically into the CCRC’s handling of Andrew Malkinson’s applications. We always learn lessons from investigations to help with our future work, and due to the nature of this case it’s right that such an exercise is carried out by an independent KC alongside this broader review.

Attorney General Victoria Prentis said:

An independent inquiry cannot give Andrew Malkinson 17 years of freedom back. It can provide the accountability he is owed by the criminal justice system and give all of us the reassurance that we learn the lessons from a tragic miscarriage of justice.

After careful consideration, and consultation with other bodies, a non-statutory inquiry was found to be the most appropriate option, building on the approach taken in other individual cases.

It will work alongside the independent Law Commission review into how the wider appeals process – including the CCRC – is operating, to ensure it is working effectively.

A chair will be appointed and a Terms of Reference published in due course. The scope will take account of any other potential future investigations to avoid duplication and ensure that conclusions can be drawn as swiftly as possible. The inquiry will ensure Mr Malkinson’s views and experiences are heard throughout the process and this will be reflected in the Terms of Reference.

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

The Crown Court will work at maximum capacity for the third year running to reduce waiting times to deliver access to justice, Justice Secretary Alex Chalk has today (11 August 2023) announced.

The decision to continue not to cap judicial ‘sitting days’ will mean the Crown Court can hear the highest possible number of criminal cases this year.

Court buildings across the country will also benefit from £220 million for essential modernisation and repair work across the next 2 years, meaning annual investment will increase to £120 million by March 2025 – to minimise disruptions caused by old buildings.

These improvements will maintain the heritage of the estate while ensuring it is equipped with the latest technology to deliver modern justice, as well as improving accessibility for all court users.

The government is also extending a separate capacity boost first announced in December to allow the Immigration and Asylum Tribunals to work through asylum appeals as quickly as possible and remove unnecessary delays while cases are considered.

Lord Chancellor and Justice Secretary, Alex Chalk, said:

This government knows victims want to see justice served as quickly as possible and so we are making sure Crown Court judges can hear as many cases as possible this year.

We have a world leading justice system and a legal sector that is a cornerstone of our economy, and we should have modern, fit for the future court buildings that reflect these high standards.

The Crown Court worked for more than 100,000 sitting days across the country last year after the caps in place before the pandemic were removed.

It heard cases for more than 98,500 days in 2021/22 after the Ministry of Justice first lifted the cap, compared to around 82,000 in 2019/20.

In May and June this year, criminal courts dealt with thousands more cases compared to previous months as judges, court staff and those across the legal profession worked to tackle the outstanding caseload.

Over 10,000 days were sat in March alone – the most days in a single month since July 2015.

The government has made £220 million available over the two years to March 2025 to improve court and tribunal buildings.

This additional funding has been agreed by the government, the Lord Chief Justice and Senior President of Tribunals to ensure professional and public court users have the modern and accessible buildings needed to deliver justice.

The improvements to the court estate will ensure those on the front line of the justice system will benefit from modern energy efficient heating and cooling systems to projects that will make our buildings accessible and sustainable.

The announcement builds on the 24 Nightingale courtrooms – opened as temporary spaces to boost capacity following the pandemic – that have remained open in 2023.

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

Wrongly convicted people will no longer face having “saved living costs” deducted from compensation payments following an update to guidance made today (Sunday 6 August).

Lord Chancellor Alex Chalk has taken decisive action to inject greater fairness into how payout decisions for miscarriages of justice are made, ending the possibility that people can be ‘charged’ for saved living costs.

This element of the guidance was added in 2006 and will be removed with immediate effect, applying to all future payments made under the miscarriage of justice compensation scheme.

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

Fairness is a core pillar of our justice system and it is not right that victims of devastating miscarriages of justice can have deductions made for saved living expenses.

This common sense change will ensure victims do not face paying twice for crimes they did not commit.

The miscarriage of justice compensation scheme is designed to help individuals restart and rebuild their lives. It is just one route in which an individual can receive compensation for a wrongful conviction, with other options including suing public bodies.

In order to be eligible for a payment under the scheme individuals must:

• Apply within 2 years of being pardoned or having their conviction reversed as a result of a newly discovered fact
• Have had their conviction reversed on the basis of a new fact which demonstrates beyond reasonable doubt they did not commit the offence
• Not be responsible for the non-disclosure of the new fact

Once eligible, the level of compensation is decided by an independent assessor. An award of compensation will normally fall into 2 parts:

• Compensation for the impact of the wrongful conviction on an individual, including damage to their reputation or to their physical or mental health, loss of freedom and inconvenience
• Loss of past or future earnings, expenses or legal costs resulting from their time in custody

Under previous guidance, the independent assessor could make a deduction from loss of past earnings based on “saved living expenses” such as rent or mortgage payments which were not incurred during their time in prison.

The maximum amount of compensation payable under the miscarriage of justice system is £1 million for 10 or more years imprisonment or £500,000 for up to 10 years.

The press release issued by the Ministry of Justice on 3 August 2023.

All information on new criminal court cases in England and Wales now sits on a single digital platform as the government delivers its latest milestone to modernise the justice system.

The press release issued by the Ministry of Justice on 3 August 2023.

Victims of rape and sexual violence will be better supported following a £26 million investment in specialist services across England and Wales announced today (3 August).

The Rape and Sexual Abuse Support Fund (RASASF), initially launched in 2011, is part of the government’s commitment to quadruple funding for victim support services by 2025 compared to 2010.

Innovative projects set to be funded for the next 2 years as a direct result of today’s cash boost include:

• Oxfordshire Sexual Abuse and Rape Crisis Centre, who offer support for adults and young people, including parent and carer sessions and family therapy – keeping victims connected to their loved ones
• Trafford Rape Crisis, supporting women in Greater Manchester include offering a new holistic service which is specifically focused on supporting black and minoritised women
• We Are Survivors, who provide male-specific sexual assault and rape support

The news comes as new figures show the government has achieved its third and final ambition in its landmark End-to-End Rape Review 18 months ahead of target – restoring Crown Prosecution Service charges to 2016 levels.

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

I am pleased that all three 2021 Rape Review ambitions have been met so far ahead of schedule. There is more work to do, but this milestone demonstrates real progress in strengthening justice for victims of these appalling crimes.

This continued funding means we can continue our work to ensure victims of sexual abuse across England and Wales receive the support that is so vital to recovery.

Victims have benefitted from funded support services for over 10 years thanks to the Rape and Sexual Abuse Support Fund, which was recently extended as one of the commitments in the government’s Rape Review.

The fund was informed by rape victims to better understand their experiences and what they want from support services, helping to inform the commissioning of future support for victims.

62 grants have been awarded to organisations across the country to offer victims tailored support programmes, including counselling and therapeutic services, advocacy, outreach, and group activities.

Justice Minister, Ed Argar, said:

We are determined that, alongside this Government’s clear focus and progress on ensuring more criminals who commit rape and sexual offences face justice, victims and survivors of these dreadful crimes get the support they need.

The funding announced today helps ensure that charities and organisations up and down the country are able to continue doing their vital work helping victims of these crimes.

Jayne Butler, Chief Executive of Rape Crisis, said:

The Rape and Sexual Abuse Support Fund provides vital funding for front-line services that provide specialist support to victims and survivors. The funding awarded will help them to continue their work providing specialist and trauma-informed support to victims and survivors impacted by all forms of sexual violence and abuse.

Fay Maxted OBE, Chief Executive of The Survivors Trust, said:

The Survivors Trust welcomes the funding made available to our specialist voluntary sector through the Rape and Sexual Abuse Support Fund. Funding of this kind is vital in enabling community-based, voluntary sector rape and sexual abuse services to provide much needed counselling and other support to survivors.

Gary Pleece, CEO of Male Survivors Partnership, said:

The Male Survivors Partnership welcomes the announcement that £26 million is being allocated to support survivors. This was the first government fund that recognized the needs of male survivors and provided dedicated funding for them; 65% of men have experienced sexual violence and this funding is essential to their support.

The funding comes as CPS data published today shows charges for adult rape-flagged cases increased to 567 in the latest quarter, (January – March 2023), 5% over the 2016 quarterly average and Rape Review ambition of 538. This means the Government has already met all 3 key ambitions in the Rape Review ahead of schedule – restoring the number of police referrals, CPS charges and cases reaching court to 2016 levels.

In July all 43 police forces across England and Wales, and all rape prosecutors across the country, began implementing a new approach to dealing with rape and other serious sexual offences, ensuring forces conduct thorough investigations which put the focus on the suspect and centre the rights and needs of victims.

This new approach, developed through Operation Soteria and previously piloted in 19 police forces and 9 Crown Prosecution Service Areas, uses academic evidence and insight to enable forces and prosecutors to transform their response to rape and serious sexual offences.

The Rape Review progress report published last month shows improvements have been made in response to rape across every stage of the criminal justice system and, crucially, data suggests more and more victims are reporting these abhorrent crimes to the police – demonstrating an increase in victim confidence.

Home Secretary, Suella Braverman, said:

Rape is an abhorrent crime and this government has not shied away from the fact that that victims of sexual violence have been failed by the criminal justice system.

I have been clear that we must transform the way these investigations are handled, to make sure that all victims have the best support possible throughout the entire process. That is why we have funded an ambitious programme, Operation Soteria, to transform the way that rape investigations and prosecutions are handled and progressed. All 43 police forces and all CPS areas across England and Wales are implementing the new National Operating Models developed through the programme.

Alongside the £26 million announced today, I have given over £8 million to support police forces keep improving their response to rape and the service they provide to victims, ensuring investigations focus on the suspect, and never on seeking to undermine the account of the victim.

National Police Chiefs’ Council Lead for Rape and Adult Sexual Offences, Chief Constable Sarah Crew, said:

This funding by the Ministry of Justice will help to bring more support to victims of the terrible crimes committed by rapists and sex offenders.

It is timely as all 43 police forces transform their approach to investigating sex offences and supporting survivors, through the recent introduction of a new national approach. Forces are turning the tables on perpetrators to ensure they are the focus of investigations, not the credibility of victims.

Policing continues to work with partners to help support victims and bring offenders to justice, but we cannot do this alone. Funding is vital to enable this to happen and we welcome this round.

A £1.2 million training programme has also been launched for Independent Sexual Violence and Domestic Abuse Advisors who provide emotional and practical support to victims. The government is funding 1,000 of these posts and the training to make sure these vulnerable victims get better help and stay engaged with the criminal justice system.

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.