Tag: Ministry of Justice

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

New offence for encouraging serious self-harm with perpetrators facing 5 years behind bars.

Vile trolls who hide behind the anonymity of the internet to encourage others to cause themselves serious harm will face prosecution as part of an overhaul of online safety laws announced today (18 May 2023).

Additions to the Online Safety Bill will make it a crime to encourage someone to cause serious self-harm, regardless of whether or not victims go on to injure themselves and those convicted face up to 5 years in prison.  The new offence will add to existing laws which make it illegal to encourage or assist someone to take their own life.

Police or prosecutors will only have to prove communication was intended to encourage or assist serious self-harm amounting to grievous bodily harm (GBH) – this could include serious injuries such as broken bones or permanent physical scarring.

The offence will apply even where the perpetrator does not know the person they are targeting – putting an end to abhorrent trolling that risks serious self-harm or life-changing injuries.

Encouraging someone to starve themselves or not take prescribed medication will also be covered.

Research from the Mental Health Foundation shows that more than a quarter of women between 16-24 have reported self-harm at some point in their life and since 1993 the levels of self-harm among women have tripled.  Today’s announcement is the latest step in our work to provide greater protections for women and girls who are more likely to self-harm.

Research also shows more than two-thirds of UK adults are concerned about seeing content that promotes or advocates self-harm while online.

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

There is no place in our society for those who set out to deliberately encourage the serious self-harm of others. Our new law will send a clear message to these cowardly trolls that their behaviour is not acceptable.

Building on the existing measures in the Online Safety Bill our changes will make it easier to convict these vile individuals and make the internet a better and safer place for everyone.

The new offence will be created following a recommendation from the Law Commission in 2021 and balances the need to protect vulnerable people while not criminalising those who document their own self-harm as part of their recovery journey.

Justice Minister, Edward Argar MP, said:

No parent should ever worry about their children seeing content online or elsewhere encouraging them to hurt themselves.

Our reforms will punish those who use encourage vulnerable people to inflict serious injuries on themselves and make sure they face the prospect of time behind bars.

This new offence builds on measures already in the Online Safety Bill, which will better regulate social media and ensure that social media companies like Tiktok, Snapchat, Facebook, Instagram and others are held legally responsible for the content on their sites.

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

Victims and Prisoners Bill will stop unnecessary and invasive access to personal materials such as therapy notes.

Victims of rape will no longer face unnecessary and invasive requests to access their therapy notes or other personal records during the investigation stage thanks to new legislation announced today (15 May 2023).

For the first time ever, an amendment to the government’s Victims and Prisoners Bill will set out clearly in law that police should only request material that is absolutely necessary and proportionate to ensure that vulnerable victims aren’t put off seeking vital support.

This will end expansive fishing expeditions for information that can be irrelevant to the investigation and used to undermine the credibility of the victim.

This change gives greater clarity to victims and the police about when information can be requested and provides survivors of the most heinous crimes with the confidence to access therapy earlier without fear notes could be used against them in court.

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

This important reform will end invasive unnecessary requests for therapy notes for rape victims and give them the confidence to seek the help they need earlier, free from the fear that what they share in the process of healing could be weaponised against them.

The Victims and Prisoners Bill is ensuring victims are treated as participants in, not just spectators of, the justice system – improving support for them while overhauling the parole system to better protect the public from the most dangerous offenders.

Home Secretary, Suella Braverman, said:

It is simply unacceptable that victims of some of the most traumatic crimes have had significant amounts of their personal records unnecessarily requested.

We have been clear that this issue must be addressed through legislation and that’s why we’re making this vital amendment to the Bill. This is just one of the ways we are working across government to improve how the criminal justice system deals with these horrendous crimes.

The changes follow a Home Office consultation in 2022 which showed almost 90% of respondents were in favour of introducing a statutory duty on police forces to only make necessary and proportionate requests for the disclosure of third-party information. To ensure police are abiding by the new law, the government will also publish a new robust code of conduct – with forces who fail to abide by the new rules to face consequences including possible legal action.

Justice Minister, Edward Argar MP, said:

The Victims and Prisoners Bill will ensure that victims feel listened to and are treated fairly, properly, and with dignity when they come forward to bring their offender to justice.

The reforms we are announcing today will mean that rape victims know their rights when they are asked to provide personal information like therapy notes.

The new legislation forms part of the Victims and Prisoners Bill which will transform victims’ experience by putting the principles underpinning the Victims’ Code on a statutory footing – sending a clear signal about what they can and should expect from the criminal justice system.

The bill will also overhaul the parole system by allowing ministers to block the release of the most dangerous offenders including murderers, rapists, and terrorists – putting public protection back as the overriding focus of the parole process.

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

New rules will see up to 4,500 more lawyers from diverse backgrounds eligible to become judges under plans announced by the government today (11 May 2023).

Experienced Chartered Institute of Legal Executive lawyers, after gaining seven years’ experience, will be able to apply to become Recorders and Judges of the Upper Tribunal, hearing complex civil, family, crime and tribunal cases.

Those appointed as Recorders would be able to preside over cases in the Crown Court, sentencing some of the most serious offenders, while those appointed as Judges of the Upper Tribunal would deal with a range of appeals on issues such as immigration and tax.

Chartered Institute of Legal Executive lawyers are not required to hold a university degree and gain their legal qualifications while working. They are more diverse in terms of gender and social background than other legal professionals and many join the profession mid-career or following a break.

Previously, they could only apply for judicial roles overseeing less complex cases in the civil, family and magistrates’ courts and the first-tier tribunal.

The move will increase the number of judicial roles that legal professionals from under-represented groups can apply for – better reflecting modern, multi-cultural, twenty-first century Britain.

Lord Chancellor and Justice Secretary, Alex Chalk said:

Providing more opportunities for experienced lawyers from a range of backgrounds to join the bench strengthens the judiciary and the rule of law.

That’s why we’re making these important reforms, to broaden eligibility and ensure the judiciary is able to draw on a wealth of experience.

Justice Minister Mike Freer said:

We are striving to build a legal system that truly reflects the range of voices in our society.

This change shows how important the broader legal profession is to our goal of breaking down barriers and boosting eligibility as we recruit more, diverse judges.

Chartered Institute of Legal Executive lawyers represent a wider range of society than the judiciary and broader legal profession. Women make up 77 per cent of Chartered Institute of Legal Executive lawyers while 41 per cent of judges are female. In addition, just 6 per cent attended a fee-paying school, compared to a third of barristers and 45 per cent of Recorders.

CILEX Chair Professor Chris Bones said:

Women and ethnic minorities are currently under-represented in our judicial system and we need a judiciary that is representative of the society we live in to promote confidence in the rule of law. As one of the most diverse parts of the legal profession, CILEX is a key solution to accessing talent of greater diversity.

Judicial appointments should be based on merit and all lawyers regardless of their professional title should be able to apply for all judicial roles they are trained and competent to perform.

Today’s change is a part of the government’s wider efforts to boost the number of judges so more cases can be heard across the country.

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

Extra £6 million to support up to 2,000 more people in complex family cases.

Extended family members seeking to provide long-term, stable care for vulnerable children will be able to access free legal advice, thanks to new government investment announced today (30 April 2023).

Under the move, legal aid funding will be extended to more people applying for Special Guardianship Orders through the courts – a form of care which sees a child in need of a loving home placed with extended family, friends or foster parents until they reach the age of 18.

These cases are often complicated, emotionally charged and challenging for families looking for the best outcome for vulnerable children.

Now, people making such applications in private law hearings will have access to legal aid funding for advice and representation on their cases, removing one more burden for families.

The funding will also provide free legal representation to parents opposing Special Guardianship Orders in private law proceedings to ensure they have the right support and advice.

Justice Minister, Lord Bellamy, said:

Providing a stable, loving home for a vulnerable child in need is an utterly selfless act and it is right we provide families with the vital support they need – particularly in the most complex and emotive of cases.

We are investing millions of pounds every year to make sure criminal and civil legal aid support can reach those who need it most.

Previously, legal aid was only available for Special Guardianship cases where the local authority was involved in submitting an application to remove a child from their birth parents.

The change to extend eligibility to private law cases comes as part of a wider investment in civil and criminal legal aid. Additional measures include:

• standardising the means and merit testing requirements for birth parents in proceedings where a local authority is authorised to place a child for adoption
• an extra £10 million a year in housing legal aid so that thousands more people can access legal advice when they fall into difficult times and face the risk of eviction

The press release issued by the Ministry of Justice on 30 April 2023.

Terrorist prisoners to be banned from taking leading roles in religious services.

Convicted terrorists will be banned from taking a leading role in religious services and face more rigorous checks for extremist literature as the government redoubles efforts to crackdown on dangerous radicalisers behind bars.

New rules will prevent terrorist prisoners leading the call to prayer or delivering sermons – positions they could exploit to gain authority or influence over other offenders and spread their poisonous ideology.

This will strengthen existing measures preventing the most dangerous prisoners leading Friday prayers by extending the ban to all faiths and not just those in high-security prisons – protecting frontline staff and the public.

The government also confirmed today (30 April 2023) limits on prisoners’ property that will prevent extremists circumventing prison rules to hide and spread extremist texts.

While under prison rules there are no limits on the number of books prisoners can own, the government will toughen these restrictions by stating that they must fit into two medium size boxes with a maximum weight of 15 kilograms.

This follows instances where prisoners have gathered hundreds of books in their cells – in one case an offender had more than 200 books – in an apparent attempt to thwart prison officers searching for extremist material.

This week also sees construction beginning on a new Close Supervision Centre at HMP Frankland – a separate wing to hold the most physically violent prisoners, including terrorists ,to further tackle extremist activity.

The moves build on a bolstered approach to managing terrorists in prison that began a year ago this week following an independent review Jonathan Hall KC.

Lord Chancellor and Justice Secretary, Alex Chalk said:

Faith can play a vital part in prisoners’ rehabilitation but we must never tolerate terrorists who seek to exploit religious services to advance their own sinister agenda.

These changes, alongside tougher sentences for terrorists who commit crimes behind bars and our work to separate more of the most radical terrorists, will better protect our hardworking staff, other prisoners and the public.

There are currently around 200 convicted terrorists in custody, many of whom attempt to justify their offences through their flawed interpretation of religion.

Today’s announcements are the latest in a string of decisive actions taken to prevent radicalisation and exploitation by terrorist offenders behind bars, following recommendations made by Jonathan Hall KC.

Since the report, the government has introduced a range of measures to tackle the threat of terrorist activity behind bars. This includes:

• Crime in Prisons agreement which ensures that terrorist offenders committing crime in prison are automatically referred to the police for prosecution so they face longer behind bars to keep the public safe.
• An investment of £1.2 million to establish a specialist Separation Centre and high-risk casework team, helping prevent offenders from spreading their malicious ideology to others.
• Changes to placement into Separation Centres so that offenders can be considered for placement in them sooner rather than being a ‘last resort’. Separation Centres are used to hold the most subversive extremist prisoners to prevent them from radicalising other prisoners.
• Ending the automatic early release of terrorists through the Terrorist Offenders Act 2020 and introducing a 14-year minimum jail term for the most dangerous terrorist offenders through the Counter Terrorism and Sentencing Act 2021.
• Introducing mandatory polygraph testing and making it easier for the police to search terrorist offenders or their property through the new Police, Crime, Sentencing and Courts Act 2022.
• A £6 million expansion of close supervision centres that house the most violent offenders, including the one now under construction at HMP Frankland.

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

New Lord Chancellor announces 13,000 cameras now available to every prison officer on shift.

Every prison officer in England and Wales now has access to a body-worn video camera while on shift to help keep them safe and cut prison violence, the new Lord Chancellor has announced today (28 April 2023).

Alex Chalk KC confirmed 13,000 new and improved cameras are now available across public sector prisons, as he met staff at HMP Isis in London to mark his first week in post.

It doubles the total available to be used every time an officer is on duty, capturing challenging prisoner behaviour and how staff have dealt with it, helping to stop false accusations from prisoners.

It means staff can be more confident in the actions they take to de-escalate tricky situations and a pilot study published in 2020 found they can improve trust between staff and prisoners.

These new devices also offer superior image and audio quality, leading to improved evidence gathering which can speed up prison adjudication processes, support criminal prosecutions and potentially halt lengthy legal action – saving taxpayers’ money and courts’ time.

They also help reduce the need to pay unnecessary compensation to prisoners paid who have made up allegations.

For example, body-worn cameras recently proved their worth when a prisoner’s claim to have been assaulted while resisting a transfer to HMP Rochester was thrown out by police. Footage worn throughout the incident found prison staff used reasonable force.

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

These new, improved video cameras are proving highly effective at preventing vexatious claims by prisoners, calming volatile situations, and keeping our dedicated prison officers and our prisons safe.

Other security measures including synthetic pepper spray, x-ray body scanners and airport style security are helping turn prisoners away from crime and towards purposeful activity.

The new cameras are the latest measure, building on our £100 million investment to improve safety in prisons and protect frontline staff, adding to the roll-out of PAVA spray and police-style restraints rolled out in men’s prisons in recent years.

It follows the government toughening prison sentences for assaults on emergency workers – including prison officers, by raising maximum sentences to 12 months in 2018 and again to up to 2 years, through last year’s Police, Crime, Sentencing and Courts Act.

Jade Turner, Custodial Manager at HMP Styal said:

As prison officers, sometimes we have to deal with difficult situations and I have found body worn cameras help make my job safer, while reassuring prisoners we will work with them openly and transparently.

Our game-changing X-ray body scanners have thwarted almost more than 28,000 attempts to smuggle drugs, phones and weapons.

And in December we went further, striking the Crime in Prisons Referral Agreement with Counter Terror Police and the Crown Prosecution Service to ensure more offences by prisoners are dealt with in the courts – toughening sentences for those guilty of crime behind bars.

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

The Secretary of State for Justice has announced the appointments of Roy Grant and Nigel Cotgrove as members to the Prison Service Pay Review Body (PSPRB). Both appointments will be for a tenure of five years and will commence on 1 August 2023 until 31 July 2028.

The PSPRB provides the government with independent advice on the remuneration of operational prison staff in England, Wales and Northern Ireland, as set out in The Prison Service (Pay Review Body) Regulations 2001 (SI 2001 No. 1161).

Appointments and re-appointments to the PSPRB are regulated by the Commissioner for Public Appointments. These appointments have been made in line with the Commissioner’s Code of Practice for Ministerial Appointments to Public Bodies.

Public appointments to the PSPRB are made by the Prime Minister.

Roy Grant biography

Roy Grant was recently a Non-Executive Director for RCNi for 9 years until 2022 and a Member of the Royal College of Nursing Remuneration Committee. He has worked on industrial relations programmes, strategy development, financial stability, governance and audit and risk. From 2015 to 2021 he was chair of the remuneration committee for Your Housing Group, a social housing organisation across the Midlands and North West. Prior to 2013 he had a long career as an HR director across multiple sectors.

Nigel Cotgrove biography

Nigel Cotgrove is currently a Trustee Director of the BT Pension Scheme, where he has been in post since 2020. He has also been part of the Members’ Panel at the National Employment Savings Trust (NEST) since 2016. Nigel worked for the Communication Workers’ Union (CWU) for 31 years until 2020. He served as a National Officer for over 20 years representing workers in the telecoms, IT and financial services sectors. Prior to that, he worked as a CWU Research Officer.

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

 

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

The Secretary of State for Justice has announced the reappointment of Keith Fraser as Chair of the Youth Justice Board for England and Wales.

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

Report finds process less intimidating and yields better evidence.

Rape victims who pre-record their evidence are more likely to have a better experience of the court process, findings published today (3 April 2023) reveal.

Today’s report finds that victims who use the measure, which has been available in all Crown Courts in England and Wales since September last year, find their experience less intimidating as they do not have to face their alleged attacker in the full glare of a courtroom.

Other benefits include improved recall of events as a result of cross-examination being brought forward, normally nearer to the time of the alleged offence, and knowing exactly when they will need to give evidence. It also meant they were able to access vital support services earlier, such as therapy, without fear that it could be used against them in cross-examination.

The rollout of pre-recorded evidence is one of several actions the government is taking as part of the Rape Review Action Plan to give every victim the confidence to come forward and get support they need, and bring more rapists to justice. Our actions are working, the latest figures show that the number of rape cases reaching Crown Court has doubled since the Rape Review was commissioned in 2019 and that the government is closer to its target of returning to 2016 levels by the end of this Parliament. Pre-recorded evidence will help ensure all cases reaching court are supported in the appropriate way to see justice delivered.

Deputy Prime Minister, Lord Chancellor and Justice Secretary, Dominic Raab, said:

Pre-recorded evidence is an important part of our plan to improve rape victims’ experience of the criminal justice system – reducing the stress and trauma that many suffer as a result of facing court. This report shows it is making an important and positive difference.

Alongside better collaboration between police and prosecutors and a 24/7 support line we will stop at nothing to make sure that victims feel able to persevere with the process and bring more perpetrators to justice.

Today’s report finds that pre-recording evidence can create a calmer, less intimidating cross-examination experience for witnesses compared to traditional cross-examination in a trial. One witness who had pre-recorded their evidence said:

Making it possible to go and pre-record it, I have no words to explain how much pressure it took from my shoulders.

I feel safe, and I felt like I don’t have to meet anyone I don’t want to meet. I felt protected, just a safe environment to me.

A police officer interviewed for the evaluation report said:

I’ve […] watched the complainant giving evidence and I really felt for that person because they’ve just been pulled apart and in that horrible, hostile courtroom environment which I wouldn’t wish on anyone.

Other practitioners interviewed for the evaluation report – including Independent Sexual Violence Advisors (ISVA), at-trial advocates and police – highlighted the benefit of the witness knowing the exact date and time that they will give evidence, compared to traditional cross-examination where the witness may have to wait in court for days to give their evidence.

The report also found the reduced time between the alleged offence and the cross-examination could improve witnesses’ memory recall. This could be especially beneficial to vulnerable witnesses, particularly children, whose recollection is more at risk of impairment while waiting for trial.

The findings follow the introduction of the Victims and Prisoners Bill which places on a statutory footing the foundations of the Victims’ Code. This means that victims will be entitled to challenge decisions to not charge or continue a prosecution, receive information on how their case is progressing, and be able to access support services such as ISVAs.

The rollout of pre-recorded evidence was a major part of the Rape Review Action Plan to drive up prosecutions and convictions for adult rape cases. Alongside this the government has also:

• Launched a 24/7 support line run by Rape Crisis for rape and serious sexual violence victims
• Expanded Operation Soteria to a further 14 police forces and to 3 new Crown Prosecution Service (CPS) areas
• Passed new laws via the Police, Crime, Sentencing and Courts Act (2022) to stop unnecessary and intrusive requests for victims’ phones, with the majority of forces in position to ensure no victim should be without their devices for more than 24 hours
• Committed to introduce new legislation on the way the police can request access to personal data from third parties such as medical data
• Launched a specialist sexual violence support pilot at 3 Crown Courts – Leeds, Newcastle, and Snaresbrook in London. It seeks to provide victims with enhanced at-court support and help increase throughput of cases. It includes the introduction of trauma-informed training for court staff, maximising the use of technology, and access to ISVAs at court
• Quadrupled victim support services funding by 2025 compared to 2010 levels. This includes increasing the number of Independent Sexual and Domestic Violence Advisors (ISVA and IDVA) by 43% over the next 3 years taking the total to over 1,000

Taken together these measures are driving improvements across the system. Alongside the doubling in the number of rape cases going to Crown Court compared to 2019, the latest statistics show the key targets of the Rape Review are close to being achieved.

These reveal that police referrals to the CPS and CPS charges, respectively, are up 117% and 94% on the 2019 quarterly average. Police referrals are also up 30% on 2016 levels with charges just 12% below the target the government set for the end of this parliament.