Tag: Ministry of Justice

The press release issued by the Ministry of Justice on 17 July 2023.

The Lord Chancellor has approved the appointment of Robert Paterson and Alexander Wood.as Solicitor Members of the Insolvency Rules Committee.

Robert Paterson is appointed, for three years, from 26 June 2023. Alexander Wood will be appointed, for three years, from 1 October 2023

Biographies

Robert Paterson

Robert is a partner at Wedlake Bell LLP and specialises in all aspects of restructuring and insolvency law. He acts for officeholders, lenders, directors and creditors. He has recently advised on a number of cross-border insolvencies. Robert spent 6 months on secondment to the Policy Unit of the Insolvency Service. He is also a licensed insolvency practitioner.

Alexander Wood

Alex is a former partner at Shearman & Sterling. He has over 25 years’ experience working on some of the most complex insolvency and restructuring matters including Westinghouse, MF Global, the Lehman Bros cases and the sovereign debt restructures of Ukraine and Argentina. He continues to consult, with Shearman, in addition to undertaking other activities including teaching corporate insolvency at post-graduate level.
The appointment of Solicitor Members of the Insolvency Rules Committee are made under Section 413(4) of the Insolvency Act 1986, by the Lord Chancellor after consulting the Chancellor of the High Court. The appointment is regulated by the Commissioner for Public Appointments and recruitment processes comply with the Governance Code on Public Appointments.

The Insolvency Rules Committee considers amendments to the rules arising out of a review of secondary insolvency legislation, giving their recommendations to the Lord Chancellor.

The press release issued by the Ministry of Justice on 10 July 2023.

Hundreds of prisoners are being encouraged to take jobs in the retail and logistics sector on release to plug skills gaps in entry level roles, helping reduce reoffending while supporting businesses.

‘Unlocking Retail and Logistics’ events were held in over 30 prisons across England and Wales with the aim of helping British businesses fill some of the estimated 1 million vacancies in the UK by employing qualified prison leavers.

Events were run by businesses including supermarket giants The Cooperative and Iceland plus well-known retailers and logistic companies such as Oliver Bonas, Greggs, and DHL.

The campaign is part of a wider drive from the government to get more prison leavers into work as evidence shows it grows the economy and cuts crime.

Ex-offenders in full time employment are up to nine percentage points less likely to reoffend when released and more than 90% of surveyed businesses who employ prison leavers report they are motivated, have good attendance and are trustworthy.

Not only does this grow the economy but by keeping prison leavers on the straight and narrow it also helps tackle the £18 billion annual cost of reoffending and cut crime.

Prisons Minister Damian Hinds said:

There is a golden opportunity right now for companies working to fill vacancies by taking on prison leavers. Not only does it help grow the economy but it is proven to cut crime.

Over 90% of businesses employing prison leavers report they are motivated and trustworthy – making them prime candidates to plug some of the current skills gaps in the UK.

One of the businesses involved in the campaign was O’Neill & Brennan, a recruitment and logistics solutions business to the construction industry. They have helped around 180 prison leavers into employment with their scheme in the last 2 years and currently employ over 60 prisoners released on temporary licence to work on-location each day.

Barry Mitchell, Logistics Operations Director at O’Neill & Brennan, said:

There is a lack of skill and talent in the industry currently and we are finding that there is a huge gap in the retail and logistics sector, particularly in entry level roles. By working directly with prisons, we are engaging with new and exciting talent early, so that when they reach us we are employing skilled and job ready people who have already been trained in custody.

The attitude and hard work prison leavers put into their job, and their desire to change their past and prove themselves, means that they are dedicated and motivated employees.

One of O’Neill & Brennan’s success stories is John, who has been employed by the recruitment and logistics solutions business following his release and has worked his way up to a supervisor, taking the role of Logistics Manager when needed.

John said:

Having employment secured ahead of my release really grew my self-confidence and gave me hope that I would be given a second chance to prove myself.

I am a real-life example of how you can turn your life around if given the right opportunities, and it feels rewarding to encourage others to explore a similar route.

This is the fourth of 5 campaigns being run by the Prison Service’s New Futures Network, following on from activities focused on helping ex-offenders secure employment in the hospitality and construction sectors. Together these campaigns form “Unlocking Potential”, a wider campaign run by New Futures Network to create a culture of employment in prisons following the publication of the 2021 Prisons Strategy White Paper.

Recent statistics show that the proportion of prison leavers finding work within 6 months of release more than doubled between April 2021 and March 2023, from 14% to over 30%.

This stark rise is supported by a range of initiatives being delivered in prisons to ensure individuals are job-ready before their release. For example, the Ministry of Justice has introduced dedicated Employment Advisory Boards in 92 prisons, which link prisons to leading businesses so they can receive advice on their employment strategies.

The press release issued by the Ministry of Justice on 10 July 2023.

Government delivers on pledge to return number of cases reaching court to 2016 levels.

Rape victims are being better supported across the criminal justice system 2 years on from the landmark End to End Rape Review, thanks to progress in delivering the government’s action plan to transform the response to rape and put more perpetrators behind bars.

The progress report published today (Monday 10 July) shows the government has already met 2 of the 3 key ambitions in the Rape Review ahead of schedule – restoring the number of police referrals and cases reaching court to 2016 levels – and is on track to exceed all 3 ambitions before the end of this parliament.

It comes as all 43 police forces across England and Wales, and all rape prosecutors across the country, begin 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. Known as Operation Soteria and piloted in 19 police forces and 9 Crown Prosecution Areas already, the programme brings together police forces with academics, using evidence and new insight to enable forces and prosecutors to transform their response to rape and serious sexual offences.

There are early signs of improvements in the police forces and CPS Areas already participating in the Operation Soteria programme. All five pathfinder forces have seen an increase in the number of cases being referred to the CPS – more than doubling in West Midlands Police and Durham. The number of cases being prosecuted by the CPS from Avon and Somerset have more than tripled, and all pathfinder forces have seen a reduction in the average days taken for a charge outcome to be assigned – with South Wales seeing a reduction of almost 300 days in the latest quarter.

And to further improve the response to rape, 2,000 extra police investigators will be specially trained in rape and sexual offences by April 2024. It will also be compulsory for new recruits to undertake rape and sexual offences training, which will also be rolled out to all existing first responders.

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

Rape and sexual violence are horrific crimes that can impact victims for the rest of their lives. That’s why we launched an action plan in the 2021 Rape Review to drive up prosecutions.

We’ve made significant progress, hitting two of our Rape Review ambitions ahead of schedule, and there are more rape cases before the courts today than in 2010.

Now we are going further, extending our action plan with more support for victims, encouraging survivors to come forward and see justice done.

Home Secretary, Suella Braverman MP, said:

As a society, too often we have failed the victims of sexual violence.

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. This is a vital step in delivering on that promise.

It will help ensure investigations focus on the suspect, and never on seeking to undermine the account of the victim, as well as placing the utmost importance on their rights and needs.

The Rape Review progress report 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.

The government recognises that there is more work to be done to support rape victims in coming forward and bringing perpetrators to justice.

To further support victims, pioneering CPS areas, police forces and leading academics have developed a new National Operating Model for the investigation of rape and serious sexual offences, and all police forces and prosecutors in England and Wales have committed to implementing it from today.

This will see police and prosecutors work more closely together to build stronger cases which focus on the behaviour of the suspect, and place victims at the heart of the response.

The Home Office, National Police Chiefs’ Council (NPCC) and College of Policing Unit will oversee the implementation of the new national model, supported by the College of Policing and the government will be consulting with police leaders on the effectiveness of dedicated rape investigation units in all police forces.

Having completed more than 150 published Rape Review actions over the last 2 years, with less than 10 outstanding due to be completed in the coming months, today’s publication extends the government’s action plan until the end of parliament, continuing to deliver activity across the criminal justice system that will drive further improvements

These actions include:

• Giving more victims the option to hear their attacker being sentenced away from a courtroom – avoiding seeing their attacker face-to-face. This brings sentencing in line with measures already brought in which allow victims to provide evidence remotely
• Recommissioning the Rape and Sexual Abuse Support Fund (RASASF) providing £21 million over 2023/24 to specialist support services for rape and sexual abuse victims across England and Wales, helping them cope and move forward with their lives
• The Home Secretary has commissioned His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) to carry out a thematic inspection of forces’ implementation of the Soteria Model, and will produce a report with findings in due course
• Publishing a step-by-step guide for frontline investigators on conducting suspect-focused investigations and toolkits to ensure victims’ needs and rights are central to all investigations

Director of Public Prosecutions, Max Hill KC, of said:

“Today marks the latest milestone for the Crown Prosecution Service in our journey to transform the way rape cases are investigated and prosecuted, learning from Operation Soteria.

“Over the past year, we have seen the volume of adult rape-flagged cases charged increase by 40% and are on track to significantly increase the number of cases going to court year on year.

“We know we still have a long way to go to drive lasting change, and will continue to listen carefully to partners and victims as we go, but the work we have been doing through genuine partnership with police colleagues is bearing fruit.”

Victims Minister, Ed Argar MP, said:

Since 2019 we’ve almost doubled the number of suspects charged and the volume of convictions is up a third – meaning more rapists being put behind bars.

We’ve introduced a round-the-clock rape support line and are quadrupling funding for victim support by 2025, but it’s vital we maintain this momentum and keep building on all the action we’ve taken so far.

Emily Hunt, survivor and independent advisor to the government on the Rape Review, said:

Two years on from the Rape Review, it is amazing to see what the beginning of success looks like.

Fundamentally, now more rapists are going to prison and victims are being better supported. But it is not the time to stop – it is time to double down and really consider what we should be doing to build on these successes.

Since the Rape Review was published the government have taken a number of steps to provide better support for rape victims including:

• Launching a 24/7 Rape and Sexual Abuse Support Line so victims can speak to trained specialists whenever they need
• Quadrupling funding for victim support services by 2025 compared to 2010 levels
• Stopping unnecessary and intrusive requests for victims’ phones through the Police, Crime, Sentencing and Courts Act and introducing new legislation through the Victims and Prisoners Bill so that therapy notes or other personal records are only accessed when necessary and proportionate to an investigation
• Providing Police and Crime Commissioners with dedicated ring-fenced funding for at least 900 Independent Sexual Violence and Domestic Abuse Advisors and will fund an additional 100 – bringing the total to over 1000 by 2025.
• Driving down Crown Court backlogs so cases can be heard faster, lifting the cap on the number of days courts can sit, and recruiting 1,000 more judges

These steps build on progress made on convictions which are up 33% on 2019 levels, while adult rape prosecutions are up 4% on 2010.

The Victims and Prisoner Bill will also provide additional support for all victims, including rape victims, by giving ministers powers to direct the inspection of justice agencies, such as the police and courts, that are failing victims.

Attorney General, Victoria Prentis KC, said:

The aftermath of rape and serious sexual offences can last a lifetime, so I hope today’s announcement means victims feel they can report these sickening crimes with confidence.

More cases are being referred and charged and thanks to better joined up working between police and prosecutors, more robust files are being built which can pass through the system more swiftly.

Support measures to keep victims engaged are so much improved, but the momentum must continue right across the country.

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

Rape is one of the most complex and challenging crimes the criminal justice system deals with. The roll out of the National Operating Model is a huge step forward in how we investigate crime and the experience victims receive.

While we know there is more to do, the national operating model will see all forces adopt new processes, guidance and training to enable more victims to get the justice they so deserve. In order to improve trust and confidence, we have to show victims we are making significant changes and getting results. Operation Soteria offers this.

We have opened up our doors to academics and to scrutiny. This has not always been a comfortable process. However, it’s an essential step towards achieving our goal of comprehensive and transformational change.

Professors Katrin Hohl and Betsy Stanko OBE,  joint academic leads of Operation Soteria, said:

The National Operating Model is an evidence-based solution to the seemly intractable problem of low charging rates and poor victim experiences in rape cases. Never before have academics, policing, and the Crown Prosecution Service come together in this way.

Together, and in close consultation with victims and the victim support sector, we have developed principles, guidance, toolkits and other practical materials to support officers to better investigate sexual offending behaviour and to better engage with victims in line with their rights and needs. We are hopeful that this could mark the beginning of a new era of criminal justice.

College of Policing Chief Constable, Andy Marsh, said:

I’m delighted to see Op Soteria, first trialled when I was chief constable at Avon and Somerset Police, being rolled out across the country.

The College of Policing will be the gateway to all of the guidance, knowledge and best practice so it is easily accessible at any time day or night.

By transforming our response to rape we can better stop those who commit these horrific crimes and help victims get the justice they deserve.

London’s Victims’ Commissioner, Claire Waxman OBE, said:

This is an important step forward that demonstrates radical change is possible in the criminal justice system to improve the response to victims, and I welcome the national rollout of Operation Soteria to transform how officers in all forces investigate rape and sexual offences.

I was grateful to play a role in this project following my London Rape Reviews, which highlighted deteriorating rape conviction rates and victim withdrawal, and the need for radical overhaul of the justice system’s response to rape. The Mayor’s Office for Policing and Crime (MOPAC) and I have been leading the way in reforming victims’ justice journeys.

The findings from the Met and four other forces visited by the Soteria team last year lay bare the extent of the issues that needed urgently tackling if we want to improve rape prosecutions. I welcome the establishment of a new unit to oversee the deep-rooted and systemic changes needed in implementing this new model, that is key to driving progress so that all victims have confidence that they will be supported and able to access the justice they deserve.

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

Justice Secretary to join international efforts to assist Ukraine in re-building of justice system.

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

The United Kingdom and Japan have signed the first-ever Memorandum of Cooperation on Justice issues in Tokyo today (6 July 2023).

The press release issued by the Ministry of Justice on 19 June 2023.

The Rt Hon Alex Chalk MP KC, Lord Chancellor and Secretary of State for Justice, was in Paris today (19 June) where he held meetings with his counterpart Éric Dupond-Moretti, Minister of Justice and Keeper of the Seals of France.

Following highly productive and wide-ranging conversations, the two Ministers issued a joint statement (below) emphasising their shared determination to ensure accountability for war crimes in Ukraine and to work together to strengthen justice cooperation and meet shared challenges.

Joint statement

We, the Justice Ministers of the United Kingdom and the Republic of France, met in Paris today 19 June 2023 to further strengthen the close relationship between our two countries in the field of justice. As neighbours with shared values and an unwavering commitment to the rule of law, our discussions today offered an opportunity to reflect upon a relationship that is both broad and deep, and consider areas of mutual interest and future cooperation. Today’s challenges to justice and rule of law are international in nature, and we are united as friends and allies in our efforts to address them.

In our wide-ranging and productive discussions we were pleased to cover a number of important issues that face both of our countries, and on which we are committed to working collaboratively.

• We are determined to support Ukraine in the face of Russian aggression, and to work together and with our allies to ensure those responsible for committing alleged atrocities are held to account.
• We noted the vital role the International Criminal Court plays in global efforts to end impunity for war crimes and we are proud to support the court’s investigations across the world including in Ukraine. Maintaining joint support for the International Criminal Court is one of the primary mechanisms to achieve accountability for war crimes and crimes of the gravest concern to the international community, ensuring that justice is delivered for victims.
• We are determined to strengthen the positive relationship between our two countries in the field of civil and judicial cooperation, reflecting the close ties between our two countries and ensuring that our legal systems work for the businesses and citizens of both countries, in particular the most vulnerable ones, as they live, work and do business between France and the United Kingdom.
• We have committed to sharing valuable knowledge and best practice in various areas, in particular regarding the fight against radicalisation in prison and the development of alternative dispute resolution mechanisms, including mediation.
• We re-commit to agreements made by our leaders at the UK-France Summit of 10 March: and we will continue to enhance our cooperation in order to fight organised crime, in particular human trafficking and facilitation of illegal migration.

We look forward to working together to ensure that rule of law prevails internationally, and our justice systems work together to meet shared challenges and meet the needs of the citizens of our two great countries.

The press release issued by the Ministry of Justice on 19 June 2023.

The Secretary of State for Justice has announced the appointment of Elisabeth Davies as National Chair of the Independent Monitoring Boards for 3 years from 1 July 2023.

The Lord Chancellor and Secretary of State for Justice, the Rt Hon. Alex Chalk KC MP has announced the appointment of Elisabeth Davies as the National Chair of the Independent Monitoring Boards (IMBs) for an initial term of 3 years. Her appointment will commence on 1 July 2023 and run until 30 June 2026.

IMBs provide statutory, independent oversight, monitoring the treatment and care of prisoners and detainees. They operate in prisons, young offender institutions, immigration removal centres, some short-term holding facilities and on flights for those being removed from the UK.

This appointment is regulated by the Commissioner for Public Appointments and has been made in line with the Governance Code on Public Appointments.

Biography

Elisabeth Davies has extensive experience of working across both charitable and public sectors, where she has specialised in the areas of dispute resolution and consumer protection.

In April 2020, she was appointed Chair of the Office for Legal Complaints (OLC), which oversees the work of the Legal Ombudsman.

Elisabeth holds a number of professional roles across organisations. She is the Chair of the Assurance and Appointments Committee of the General Pharmaceutical Council and a member of the Civil Justice Council. Alongside this she has been the Chair of the Prisoners’ Education Trust since the end of 2018. She is also the former Deputy Chair of Support Through Court, which assists people going through the court process without legal representation.

Previously, Elisabeth was the Senior Independent Director and Chair of the Quality Committee at the Parliamentary and Health Service Ombudsman. She also served as a former Chair of the Legal Services Consumer Panel, where she ensured regulators were able to consider and act on the user perspective.

The press release issued by the Ministry of Justice on 19 June 2023.

Rape victims will be given the opportunity to meet the Crown Prosecution Service (CPS) staff involved in their case ahead of a trial in the latest move to guide them through the criminal justice system.

The press release issued by the Ministry of Justice on 14 June 2023.

The Lord Chancellor has approved the reappointment of The Most Rev Barry Morgan and Judge Greg Sinfield as Commissioners of the Judicial Appointments Commission.

His Majesty the King, on the advice of the Lord Chancellor, has reappointed 2 Commissioners to the Judicial Appointments Commission.

Judge Sinfield has been reappointed for a second term of 3 years from 9 June 2023 to 8 June 2026.

The Most Rev Barry Morgan has been reappointed for a second term of 2 years from 6 July 2023 to 5 July 2025.

The Judicial Appointments Commission 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

Judicial Appointment 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 and re-appointments comply with the Governance Code on Public Appointments and are regulated by the Commissioner for Public Appointments.

The selection of Senior Judicial Commissioners is governed by the Judicial Appointments Regulations 2013.

Judge Sinfield

Judge Greg Sinfield was appointed as a Senior Judicial Commissioner on 9 June 2020. He is President of the First-tier Tribunal (Tax Chamber). Called to the Bar in 1981, Judge Sinfield worked in the Solicitor’s Office of HM Customs and Excise from 1983-87. He returned to private practice, in 1988, with what is now Hogan Lovells International. He was admitted as a solicitor, in 1989, and became a partner in the tax group of the firm in 1993.

The Most Rev Barry Morgan

The Most Rev Dr Barry Morgan is Archbishop Emeritus of Wales and is an academic. He was appointed as a Commissioner on 6 July 2020. As well as being Pro Chancellor of the University of Wales, Dr Morgan is: a Fellow of five Welsh Universities; a Fellow of the Learned Society of Wales and; a Knight of the Order of St. John. He has published a number of articles, in books and journals, as well as a book on the poetry of R S Thomas.

The press release issued by the Ministry of Justice on 13 June 2023.

Judges will be given greater powers to dismiss lawsuits designed purely to evade scrutiny and stifle freedom of speech through government amendments to the Economic Crime and Corporate Transparency Bill.

These legal cases, referred to as Strategic Lawsuits Against Public Participation (SLAPPs), are often aggressively used by wealthy individuals or large businesses to intimidate and financially exhaust opponents, threatening them with extreme costs for defending a claim.

SLAPPs have been used prominently by Russian oligarchs to silence critics including investigative journalists, writers and campaigners to avoid scrutiny, often on bogus defamation and privacy grounds that prevent the publication of information in the public interest.

The amendments show the government is taking a leading role in cracking down on the abuse of the legal system by wealthy elites. It will create a new early dismissal process within the court system which will allow SLAPPs about economic crime to be rapidly thrown out by judges. This will make SLAPPs far less effective as a tool with which to threaten journalists and give reporters greater confidence to stand up to the corrupt, knowing the law is firmly on their side.

The move will enable the government to bring a swift end to the vast majority of SLAPPs cases, as at least 70% of the cases referenced in an report about SLAPPs, published in April 2022 by the Foreign Policy Centre and ARTICLE 19, were connected to financial crime and corruption.

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

We are stamping out the brazen abuse of our legal system that has allowed wealthy individuals to silence investigators who are trying to expose their wrongdoing.

These measures will protect the values of freedom of speech that underpin our democracy and help better protect reporters who are shining a light on their crimes.

Crucially, the legislation will define the characteristics of SLAPPs relating to economic crime in law for the first time. This sets out that legal action taken to restrain a person’s freedom of speech or that the information within the piece has been released in the public interest to combat economic crime will count as a SLAPP.

Should a case reach court the early dismissal mechanism comprising of two tests will come into effect – whether a case is a SLAPP as defined by the Bill, and whether the claim has reasonable chance of being successful. This will put the onus on the complainants to prove that their case has merit, rather than on the defendant.

Justice Minister, Lord Bellamy, said:

Our reforms will ensure that journalists can shine a light on unscrupulous individuals who use and abuse our justice system to try and stop them.

As a result of our action it will be easier for the courts to swiftly dismiss cases, reducing the costs and stresses of lengthy legal proceedings.

In 2021 the Coalition Against SLAPPs in Europe estimated that 14 SLAPPs cases were brought in the UK, an increase on the 2 cases in both 2020 and 2019.

As part of the wider package of reforms the government will introduce limits on the high costs associated with SLAPPs to prevent them from being financially ruinous. This will maintain access to justice and ensure defendants have the confidence to take on wealthy claimants.

This amendment is the first step in cracking down on SLAPPs used to limit freedom of speech. The government remains committed to tackling all forms of this nefarious practice and will set out further legislation beyond economic crime when parliamentary time allows.

Security Minister Tom Tugendhat said:

For too long corrupt elites have abused our legal system to evade scrutiny and silence their critics.

These new measures are a victory for truth and justice, and a blow to those who try and export their corruption to the UK.

They will help expose wrongdoing and bring an end to spurious lawsuits from those who seek to suppress our freedom of speech.