Dom Watts founded the Ministry of Injustice in July 2021. Dom is an IT Professional with 30+ years experience in Tier 1 Banking, Government, Defence, Healthcare and Global Blue Chips. Dom has no legal training and is not a lawyer but has previously consulted for a Magic Circle Law Firm. You can find Dom on X or Google.
The Law Society which is officially known as The Law Society of England and Wales, serves as the professional association representing solicitors within England and Wales. Their vision is to promote, protect and support solicitors, the rule of law and justice in England and Wales.
The Law Society has nothing to do with barristers in England and Wales. The Bar Council of England and Wales is the representative body for barristers in England and Wales.
Here are some key points about this venerable institution:
Representation and Support: The Law Society acts as the voice of solicitors, advocating for their interests and providing essential support. Whether you’re a seasoned practitioner or a trainee solicitor, this organization has your back.
Law Reform: Ever wonder who discusses and shapes legal reforms? Look no further. The Law Society serves as a sounding board for law reform initiatives. When policymakers consider changes to legal frameworks, the society provides valuable insights and recommendations.
Services: Beyond advocacy, The Law Society offers a range of services to its members. These include professional development resources, access to legal publications, and networking opportunities. Whether you’re navigating complex legal issues or seeking career guidance, they’ve got you covered.
Regulation: The Solicitors Regulation Authority (SRA) is the independent regulatory arm of The Law Society. It oversees the conduct and professional standards of solicitors. So, while The Law Society represents solicitors, the SRA ensures compliance with ethical and professional norms.
Location: The Law Society’s headquarters reside at 113 Chancery Lane, London. If you ever find yourself strolling down that historic lane, you might just glimpse the legal minds at work.
Diversity and Inclusion: The legal profession is evolving, and The Law Society actively promotes diversity and inclusion. They recognize that a diverse legal community enriches the practice of law and contributes to a fairer society.
Campaigns: The society runs campaigns on various fronts. From advocating for legal aid funding to celebrating the contributions of solicitors with South Asian heritage, they’re committed to positive change.
Legal Heroes: Imagine solicitors making a significant impact—transforming lives, communities, and society. The Legal Heroes initiative recognizes these unsung champions. They’re like legal caped crusaders, minus the spandex.
Anti-Money Laundering: In an era of financial complexity, The Law Society provides guidance to solicitors on anti-money laundering measures. Because even superheroes need to keep their finances clean.
Junior Solicitors Network: For junior solicitors navigating the early stages of their careers, this network offers support, camaraderie, and a safe space to discuss pressing issues.
The Law Society does not provide legal advice.
The Law Society publishes the official database of 201,691 legal professionals on the Find a Solicitor page on its website
We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).
Why did Sussex Police wait 9 days to inform the public ?Surely Sussex Police have a duty to let Sussex residents know that their Chief Constable has retired ?Not very transparent and almost as if the Police have something to hide.
I am perplexed how the Chief Constable of Sussex Police can retire (and be rehired next month by the PCC), an Acting Chief Constable be appointed and the people of Sussex (and the UK) were not told.
Katy Bourne OBE the Sussex Police and Crime Commissioner and Peter Lambthe MP for Crawley have been asked for their comments. I have also asked the MP to raise this with the Home Secretary.
Questions have been submitted and accepted by the Sussex Police and Crime Panel to answer at their next meeting on the 27th September 2024 where the “Chief Constable” is due to be confirmed.
“This way she can start claiming her pension and, on her return get her full salary without any pension deductions. Nice work if you can get it. If she has retired the job needs to go through the correct selection process.”
There was and still is no announcement on the Sussex Police News website…..however the reason for the BBC news article and announcement may become clear. ⬇
An email was sent to the Sussex Police Media Team on Monday 9th September in relation to a Facebook post about gifts of Samosa’s to Crawley Police. The email also asked questions about the Senior Leadership including Chief Constable Jo Shiner missing from the Sussex Police website……
From: Dom Watts Sent: Monday, September 9, 2024 10:06 AM To: media.hq@sussex.police.uk Cc: pcc@sussex-pcc.gov.uk; PSD.Main@Sussex.pnn.police.uk Subject: Crawley Police and the Gifts, Gratuities and Hospitality Policy – Facebook Samosa Gifts
Dear Sussex Police Media Team
(cc Katy Bourne Sussex PCC and Sussex Police PSD)
I am a citizen journalist at the Ministry of Injustice website and also a Crawley resident. I am currently writing an article in response to a post made by Crawley Police on their Facebook page (As below) on Friday 6th September 2024 about gifts of Samosa’s to the Police on World Samosa Day (5th September 2024).
This Facebook post is another terrible social media post by Crawley Police, and is not a great optic for the Police at a time of greater scrutiny in light of public claims of two tier policing.
1.3 As a guiding principle, Police Officers, Special Constables and Police Staff must not accept the offer of any gift, gratuity, favour or hospitality without prior approval from the JFVU. This allows an independent assessment of any potential compromise or conflict of interest.
1.4 Offers of a gift, gratuity or hospitality vary widely and could range from a reasonable display of gratitude and common courtesy, which does not breach integrity of any party, through to criminal offences such as a breach of the Bribery Act 2010 (legislation.gov.uk)
3.1 All gifts, gratuities and hospitality require approval from the JFVU before they can be accepted. Police Officers, Special Constables and Police Staff must complete an application form as soon as possible or within a maximum of 7 days from the receipt of the gift, gratuity or prior to any hospitality offered. The gift, gratuity or hospitality must remain with the applicant’s line manager, until approval has been given from the JFVU.
4.3 The Gift, Gratuity and Hospitality policy is intended to manage low value items only and as a guide an upper limit of £20 is considered appropriate.
Could you please provide any comments on the following please :-
Was advice Sought from the Joint Force Vetting Unit (JFVU) in accepting these gifts ?
Have these gifts been recorded by the JFVU ?
Did Superintendent Nick Dias or Chief Inspector Will Keating-Jones accept the gifts ? Was it another officer ?
Does the photo show all the samosa’s that were gifted ? How many Samosa’s were gifted ?
Was the health and safety of the Front Line officers considered when accepting these gifts ?
What is the benefit to policing in accepting these gifts ?
Do senior officers in Sussex Police regularly take time away from policing to accept freebies and photo opportunities ?
Could you please arrange for this page to be updated along with any missing bio’s. Can you please share any publicity photos of these senior officers ?
@PSD.Main@Sussex.pnn.police.uk If any offences have been committed by Superintendent Nick Dias, Chief Inspector Will Keating-Jones or any other officers, could you please furnish me with a crime number and PSD reference.
To be clear, I am not a racist or from the far right. My aunt is of Asian descent and makes brilliant Samosa’s !
Thanks for your time and I look forward to your response.
Regards
Email to Sussex Police Media Team 9th September 2024
Is news about gifts of Samosa’s more important to the public than the retirement of the Chief Constable ?
An email response was received from Sussex Police Media Team……..
From: <xxx.xxx@sussex.police.uk> Sent: Monday, September 9, 2024 12:19 PM To: Dom Watts Cc: pcc@sussex-pcc.gov.uk; PSD Main <PSD.Main@sussex.police.uk> Subject: RE: Crawley Police and the Gifts, Gratuities and Hospitality Policy – Facebook Samosa Gifts
Good afternoon Dom,
Thank you for your email. I hope this gives some clarification regarding the samosas which were received at Crawley police station from Ashwin Soni, Director of Diverse Crawley.
Samosas were delivered to police and other emergency services by Ashwin to help celebrate World Samosa Day.
Ashwin is a valued member of the community as well as a member of multiple independent advisory groups who work closely with Sussex Police.
This kind gesture was gratefully received by Superintendent Nick Dias and Chief Inspector Will Keating-Jones, who is the Hindu Faith lead for Sussex Police, as part of their ongoing engagements with the local community and stakeholders, a core part of senior officers’ duties.
The gift of around 40 samosas was inputted on the Gifts Register and forwarded to vetting for awareness.
Thank you for highlighting information on our website.
Will Keating-Jones was promoted to Chief Inspector, which will be reflected on the website. Superintendent Imran Asghar’s rank is correct.
In relation to the Chief Constable, please can I direct your request to the Office of the Police and Crime Commissioner for Sussex?
I hope this answers any questions you may have. If you require any more information, please do let me know.
Many thanks
Email response from Sussex Police Media Team 9th September 2024
A follow up email was sent to the Sussex Police Media Team and the Sussex Police and Crime Commissioner
From: Dom Watts Sent: Tuesday, September 10, 2024 10:08 AM To: <xxx.xxx@sussex.police.uk>; pcc@sussex-pcc.gov.uk Subject: RE: Crawley Police and the Gifts, Gratuities and Hospitality Policy – Facebook Samosa Gifts Importance: High
Good Morning xxx
Many thanks for your speedy reply, for clarifying the correct procedure was followed in relation to the “gifts” and for updating the Sussex Police Senior Leadership page.
I see that the reason for your response “In relation to the Chief Constable, please can I direct your request to the Office of the Police and Crime Commissioner for Sussex?”
was answered by the BBC @ 1.32pm the same day
@pcc@sussex-pcc.gov.uk Why did Sussex Police wait 9 days to inform the public ? Surely Sussex Police have a duty to let Sussex residents know that their Chief Constable has retired ? Not very transparent and almost as if the Police have something to hide. Could you please reply to me separately about this ?
Jo Shiner, Sussex Police Chief Constable, formally retired on the 31st August 2024 but will return in a month !
Why did Sussex Police wait 9 days to inform the public ? Not very transparent and almost as if the Police have something to hide? #Policehttps://t.co/8jZt4TcA49
The Sussex Police and Crime Panel is next due to meet on Friday 27 September 2024 (10.30am start) at County Hall, Lewes. The deadline for residents to submit written questions is 12 noon on Friday 13 September 2024…..
From: Dom Watts Sent: Thursday, September 12, 2024 9:16 AM To: pcp@westsussex.gov.uk Subject: Written questions to the Sussex PCP Meeting 27th September 2024
Dear Sussex Police and Crime Panel
The deadline for residents to submit written questions is 12 noon on Friday 13 September 2024.
I am perplexed how the Chief Constable of Sussex Police can retire (and be rehired next month by the PCC), an Acting Chief Constable be appointed and the people of Sussex (and the UK) were not told.
Why did Sussex Police wait 9 days to inform the public via the BBC ? Surely Sussex Police have a duty to let Sussex residents know that their Chief Constable has retired ?
Is there something to hide ? Not very transparent and almost as if the PCC/Police have something to hide.
My questions to the Sussex PCP have been accepted….
From: Ninesh Edwards <xxx.xxx@westsussex.gov.uk> On Behalf Of Police Crime Panel Sent: Thursday, September 12, 2024 3:46 PM To: Dom Watts Cc: Tiffany Taylor ; Jack Bacon Subject: Your written Question
Hello again Dominic,
I can confirm that your question(s) have been accepted as written questions for the meeting on 27 September.
The PCC’s written response will be published just before the meeting (available via the link given in 3. below) and the members of the Panel can ask supplementary questions at the meeting, having read the Commissioner’s response.
You can follow the meeting live on 27 September via the webcast here: https://eastsussex.public-i.tv/core/portal/home. The meeting is being held in public, but the public can only observe (i.e. not participate). The meeting will be in Lewes, East Sussex, and will start at 10:30.
The papers for the meeting will be published here (on or around 19 September): https://sussexpcp.gov.uk/meetings/. As stated above, the report for the “Questions for the Commissioner” item will be updated on the morning of the meeting, to include the PCC’s written responses.
Jo Shiner Biography before Appointment as Chief Constable
Jo Shiner joined Sussex Police as Deputy Chief Constable at the end of 2018. She started her policing career in Norfolk in 1993, serving up to the rank of Chief Superintendent before transferring on promotion to Kent as Assistant Chief Constable in 2014.
Jo’s career in the police spans 28 years, during which time she has undertaken a wide variety of roles. These have predominantly been operational, both in uniform and within the Child and Adult Protection Unit, CID and as a firearms, public order and critical incident commander.
As Deputy Chief Constable, Jo is responsible for the smooth and effective running of Sussex Police, and delivering the services that the communities deserve. As part of this she is passionate about supporting local groups and addressing issues that really matter to our communities.
In January 2020 she took over the NPCC National Lead for the policing of Children and Young People. She is also the NPCC National Lead for police fitness.
The Law Society which is officially known as The Law Society of England and Wales, serves as the professional association representing solicitors… Read more: Law Society of England and Wales
Money laundering is an illegal activity that involves making large sums of money, which is often generated through criminal endeavours, appear… Read more: What is Anti Money Laundering (AML)
The Bar Council of England and Wales is the representative body for barristers in England and Wales. It is said to be the voice of the barrister profession in England and Wales. The General Council of the Bar, is also commonly known as just the Bar Council.
The Bar Council of England and Wales has nothing to do with solicitors in England and Wales. The Law Society of England and Wales, serves as the professional association representing solicitors within England and Wales.
The Bar Council of England and Wales, represent and support the Bar in the public interest, championing the rule of law and access to justice. There are almost 18,000 members who are either self-employed or employed barristers. Together they “make up a united Bar that is strong, inclusive, independent and influential.”
As the General Council of the Bar, we’re the approved regulator for all practising barristers in England and Wales. We delegate our regulatory functions to the operationally independent Bar Standards Board (BSB).
Purpose: It exists to promote, protect, and represent the interests of barristers, uphold the rule of law, and ensure the highest standards of practice within the profession.
Regulation: While the Bar Council has a role in setting standards and providing guidance, the regulatory functions for barristers are handled by the Bar Standards Board (BSB). The BSB is responsible for setting the academic, vocational, and professional training requirements for barristers, as well as overseeing their conduct and discipline.
Advocacy and Policy: The Bar Council advocates on behalf of the barristers on legal policy issues, law reform, and matters affecting the administration of justice. It engages with government, parliament, and other stakeholders to influence legal policy.
Support and Services: It offers various services to its members, including professional development, training, and support in career progression. It also provides resources and guidance on professional conduct and ethics.
Structure: The Bar Council is governed by a board elected by its members, which includes representatives from different sectors of the Bar, such as the employed Bar, self-employed Bar, and various practice areas.
Public Interest: Beyond the interests of barristers, the Bar Council also works to ensure that the public has access to justice, promoting pro bono work and initiatives that enhance legal services for those who might not otherwise afford them.
History: The Bar Council was established in 1894, reflecting the profession’s long-standing tradition and evolving role in the legal landscape of England and Wales.
The Bar makes a vital contribution to the efficient and effective operation of criminal and civil courts. It provides a pool of talent, from increasingly diverse backgrounds, from which a significant proportion of the judiciary is drawn, and on whose independence the rule of law and our democratic way of life depends.
Barristers are specialist legal advisers and court room advocates which are independent, objective and trained to advise clients on the strengths and weaknesses of their case.
The Bar Council plays a crucial role in maintaining the integrity and standards of the legal profession, ensuring that barristers adhere to a code of conduct that upholds the principles of justice, independence, and professionalism.
We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).
Money laundering is an illegal activity that involves making large sums of money, which is often generated through criminal endeavours, appear as though they come from legitimate sources.
Imagine this process as a sophisticated form of financial camouflage: the “dirty” money obtained from illicit activities (such as drug trafficking, underground sex work, terrorism, corruption, embezzlement, or gambling) undergoes a transformation to make it seem “clean.”
Here’s how it works:
Illicit Origins: Criminals initially acquire funds through illegal means. These funds are considered “dirty” because their origin is tainted—think of them as the proceeds of crime.
Layering: The money launderer then engages in a series of complex transactions to obscure its origin. This step is called “layering.” During layering, the funds are moved through various accounts, financial institutions, and jurisdictions. The goal is to create confusion and make it difficult for authorities to trace the money back to its criminal source.
Integration: Finally, the laundered money is reintroduced into the financial system in a way that makes it appear legitimate. This step is known as “integration.” It might involve investing in property, purchasing luxury goods, or funding seemingly legitimate businesses. By the end of this process, the money looks like it came from legal activities.
Why Is Money Laundering a Problem?
Criminal Enablers: Money laundering enables criminals to enjoy the fruits of their illegal activities without raising suspicion.
Destabilizing Effects: It undermines the integrity of financial systems, weakens regulatory efforts, and can destabilize economies.
Funding Terrorism: Money laundering can also finance terrorist organizations, making it a matter of national security.
Legal and Regulatory Frameworks:
Many countries have specific laws and regulations to combat money laundering. These frameworks require financial institutions, businesses, and professionals (including solicitors) to implement preventive measures.
The United Kingdom defines money laundering as “the process by which the proceeds of crime are converted into assets which appear to have a legitimate origin, so that they can be retained permanently or recycled into further criminal enterprises..” It doesn’t necessarily involve only money; any economic good can be part of the laundering process.
This article delves into Anti-Money Laundering (AML) in the UK, focusing particularly on the responsibilities of solicitors, who are often at the forefront of transactions that could be exploited for laundering activities.
Legislative Framework
The United Kingdom is recognised as a high-risk country for money laundering and has implemented stringent regulations to combat financial crimes.
Proceeds of Crime Act 2002 (POCA) outlines the primary money laundering offenses, with severe penalties including up to 14 years imprisonment for individuals and unlimited fines for entities.
The Criminal Finances Act 2017 introduced further measures, including the corporate offense of failure to prevent tax evasion, though its enforcement has been criticised for being less rigorous.
Solicitors’ Responsibilities
Solicitors in the UK are not just legal advisors but also gatekeepers against financial misconduct. Here’s what they are expected to do:
Customer Due Diligence (CDD): Solicitors must verify the identity of clients, beneficial owners, and anyone acting on behalf of clients. This includes understanding the purpose of business relationships or transactions.
Ongoing Monitoring: They are required to monitor transactions for unusual patterns or activities that could indicate money laundering.
Risk Assessment: Firms must assess the risk of money laundering associated with their clients and services, implementing controls based on these assessments.
Training and Awareness: Continuous training for staff on AML laws and the firm’s policies is mandatory to ensure vigilance.
Record Keeping: Detailed records of client identities, transactions, and due diligence must be maintained for at least five years.
Solicitors have an ongoing duty to be vigilant and mindful of any suspicious activity throughout a transaction in relation to Money Laundering or Tax Avoidance.
What is Tax Evasion ?
Definition: Tax evasion is the illegal practice of not paying taxes that are due. This can involve under-reporting income, inflating deductions, hiding money in secret accounts, or failing to report all taxable income.
Purpose: The aim here is to reduce the amount of tax one has to pay, often by dishonest means.
Examples:
Not declaring cash income.
Not paying tax on a property sale
Deliberately understating profits or overstating expenses.
Using offshore accounts to hide income from tax authorities.
What is the Difference between Money Laundering and Tax Evasion ?
Money laundering is about legitimising illegally obtained funds. Tax evasion, on the other hand, is about avoiding payment of taxes on income or assets, whether legally or illegally obtained.
Legal Basis:
Money laundering often involves proceeds from other crimes, making it inherently linked to criminal activity.
Tax evasion can occur with legally earned income; the crime is in the act of evading taxes.
Regulatory Focus:
Money laundering laws are often aimed at combating organised crime, terrorism financing, and other serious offenses.
Tax evasion laws are focused on ensuring individuals and entities pay their fair share of taxes.
Detection and Enforcement:
Money laundering might be detected through suspicious transaction reports or financial intelligence.
Tax evasion might be uncovered through audits, discrepancies in financial records, or whistleblower information.
Money Laundering and Tax Evasion are both serious crimes and can result in significant penalties, including fines, imprisonment, or both.
We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).
Misconduct in public office is a common law offence in the United Kingdom that is defined as an individual who, being a public officer, acting in that capacity or under the pretence of such office, wilfully neglects to perform his duty and/or wilfully misconducts himself to such a degree as to amount to an abuse of the public’s trust in the office holder.
This offence carries a maximum sentence of life imprisonment and is considered to be one of the most serious offences that a public official can commit.
Where there is clear evidence of one or more statutory offences, they should usually form the basis of the case, with the ‘public office’ element being put forward as an aggravating factor for sentencing purposes.
The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales.
What is a Public Officer ?
The prosecution must have evidence to show that the suspect is a ‘public officer’. There is no simple definition and each case must be assessed individually, taking into account the nature of the role, the duties carried out and the level of public trust involved.
The courts have been reluctant to provide a detailed definition of a public officer. The case law contains an element of circularity, in that the cases tend to define a public officer as a person who carries out a public duty or has an office of trust.
It is extremely difficult to extract from the cases any general identifying features of public officers in a contemporary context. A person may fall within the meaning of a ‘public officer’ where one or more of the following characteristics applies to a role or function that they exercise with respect to the public at large:
The following have been accepted as holding a public office by the courts over several centuries:
Coroner (1675) Parker 2 Lev 140
Constable (1703) Wyatt 1 Salk 380
Accountant in the office of the Paymaster General (1783) Bembridge 3 Doug
K.B. 32
Justice of the Peace (1791) Sainsbury 4 T.R 451
Executive or ministerial officer (1819) R v Friar 1 Chit.Rep (KB) 702
Gaoler (1827) Cope 6 A%E 226
Mayor or burgess (1828) Henly v Mayor of Lyme 5 Bing 91
Magistrates Pinney (1832) 110 ER 349
Overseer of the poor (1891) Hall 1 QB 747
Army officer (1914) Whitaker 10 Cr.App.R.245
County Court registrar (district judge) (1968) Llewellyn-Jones 1 Q.B.429
Police officer (1979) Dytham 69 Cr.App.R.387
Local authority employees (1995) Bowden 4 All E.R 505
DVLA employees Att Gen’s Ref (No 140 of 2004) [2004] EWCA Crim 3525
Police Community Support Officer Amar Iqbal [2008] EWCA Crim 2066
Immigration officers John-Ayo [2009] 1 Cr App R (S) 71
Those in charge of police computer systems Gallagher [2010] EWCA Crim 3201
Nurses working within a prison Cosford [2014] QB 81
Church of England clergy James (1850) 2 Den 1, 169 ER 393 though its authority was doubted in the unreported case of Ball (8 September 2015) in which Wilkie J ruled that a Church of England Bishop was a public office holder.
Local councillor (2004) R v Speechley [2004] EWCA Crim 3067
Member of the Independent Monitoring Board for prisons (2010) R v Belton [2010] EWCA Crim 2857
The offence of misconduct in public office was first recognized by the English courts in the 18th century.
The earliest known case is that of Lord Ferrers in 1760, where he was charged with and found guilty of the murder of his steward, whom he had dismissed. Lord Ferrers was executed for his offence, and his case set the precedent for the use of the offence of misconduct in public office in cases involving abuse of power by public officials.
Elements of Misconduct in Public Office
The offence of misconduct in public office is comprised of three key elements. Firstly, the defendant must be a public officer. This includes anyone who holds public office, regardless of whether they are elected, appointed, or employed by the state.
Secondly, the defendant must have acted in their capacity as a public officer or under the pretence of such office. The courts have held that this element is satisfied if the defendant’s misconduct is in some way connected to their public office, even if it does not involve the direct exercise of their official duties.
Thirdly, the defendant must have wilfully neglected to perform their duty and/or wilfully misconducted themselves to such a degree as to amount to an abuse of the public’s trust in the office holder. The courts have held that wilfulness is an essential ingredient of this offence. This means that the defendant must have intended to neglect their duty or to act in a way that amounts to an abuse of the public’s trust.
Application of Misconduct in Public Office in Case Law
Misconduct in public office has been used in a variety of contexts, including cases involving police officers, politicians, and civil servants.
One high-profile case involving misconduct in public office is that of R v Dytham. In this case, a police officer who failed to intervene when he witnessed a murder was found guilty of this offence.
Another notable case is that of R v Chaytor, where a Member of Parliament who had claimed false expenses was found guilty of this offence.
Modern Significance of Misconduct in Public Office
The offence of misconduct in public office is still relevant in the modern legal system. In 2021, two Metropolitan Police officers were charged with misconduct in public office in connection with the investigation into the disappearance of Sarah Everard. The charges related to allegations that the officers had taken photographs of Ms. Everard’s body and shared them with others.
Conclusion
Misconduct in public office is a serious offence that is used in cases involving public officials who abuse their power. The offence has a long history in the UK legal system, and it remains relevant in modern times. The elements of the offence are well established, and it has been applied in a variety of contexts, including cases involving police officers, politicians, and civil servants. While the offence carries a maximum sentence of life imprisonment, the courts have been careful to ensure that it is only used in cases where the defendant’s conduct is truly egregious and amounts to a serious abuse of the public’s trust.
It is worth noting that the offence of misconduct in public office is not without controversy. Some commentators have argued that the offence is too vague and open-ended, and that it can be used to prosecute individuals for conduct that is not clearly criminal. There have also been concerns that the offence is disproportionately used against public officials, and that it is not used often enough in cases involving private sector individuals who engage in similar conduct.
Despite these criticisms, the offence of misconduct in public office remains an important tool for prosecutors in cases where public officials have abused their power. As with all criminal offences, it is important that the offence is applied in a fair and consistent manner, and that individuals are not prosecuted for conduct that does not clearly amount to an abuse of the public’s trust.
If you are facing allegations of misconduct in public office, it is important to seek legal advice as soon as possible. A qualified criminal defence lawyer can help you to understand the charges against you and develop a strategy for defending yourself in court.
The Bar Standards Board (BSB) is the regulatory body for barristers in England and Wales. It was established under the Legal Services Act 2007, which brought in sweeping changes to the way legal services were regulated in England and Wales.
The Bar Standards Board regulate the Bar in England & Wales in the public interest.
In this article, we will explore the establishment of the BSB and its role in regulating the legal profession, as well as how to make a complaint.
The Legal Services Act 2007 was a major piece of legislation that reformed the way legal services were regulated in England and Wales. Prior to the Act, the regulation of legal services was split between a number of different bodies, including the Law Society and the Bar Council. The Act established a single regulatory body for all legal services, known as the Legal Services Board (LSB). The LSB was given the power to oversee all legal regulators, including the BSB, and to set standards and enforce regulations.
Establishment of the Bar Standards Board
The Bar Standards Board was established under the Legal Services Act 2007 as an independent regulatory body for barristers in England and Wales. It became operational in January 2008, taking over the regulation of barristers from the Bar Council. The BSB’s main role is to regulate the education, training, and conduct of barristers, with the aim of maintaining the highest standards of professionalism and ethical behaviour in the profession.
The BSB is governed by a board of directors, who are responsible for setting the strategic direction of the organisation and ensuring that it fulfils its statutory obligations. The board is made up of 15 members, including barristers, lay members, and a representative of the Attorney General’s Office.
Role of the Bar Standards Board
The main role of the BSB is to regulate the education, training, and conduct of barristers in England and Wales. This includes setting standards for entry to the profession, regulating the training of barristers, and enforcing professional conduct rules.
The BSB is also responsible for ensuring that barristers are competent to practise, by setting and enforcing continuing professional development (CPD) requirements. Barristers are required to undertake a certain amount of CPD each year, in order to maintain their skills and knowledge.
The BSB also has the power to take disciplinary action against barristers who breach its rules and regulations. This can range from a simple reprimand to suspension or even disbarment. The BSB’s disciplinary process is set out in the BSB Handbook, which sets out the procedures that must be followed when making a complaint or referring a matter to the BSB.
How to report a concern to the Bar Standards Board
If you have a complaint about the conduct of a barrister, you can report a concern to the BSB. The BSB has a complaints procedure in place to ensure that complaints are dealt with fairly and efficiently.
The easiest way to report something to the Bar Standards Board is to use the Online Reporting Form.
After assessing the concern and the information provided, the action the BSB can take include:-
Giving the barrister informal advice in order to reduce the risk of the problem happening again.
Informing our Supervision Team of your concerns. They could then ask that a barrister, or an organisation, do something to improve the situation or to prevent the problem happening again.
Referring the concern to our Investigation and Enforcement Team where there is potential breach of our Handbook rules for a formal investigation to be carried out to decide if enforcement action should be taken. There are a number of possible outcomes of an investigation. See how we make enforcement decisions to find out more about enforcement decisions.
Deciding not to take any action. However, we will keep the information you have given us to inform our work in the future.
The BSB Handbook is a set of rules and regulations that govern the conduct of barristers. It sets out the standards of professionalism and ethical behaviour that barristers are expected to uphold, and the procedures that must be followed when making a complaint or referring a matter to the BSB.
BSB Handbook 4.8 sets out the rules and procedures for dealing with complaints about the conduct of barristers. It covers the requirements for making a complaint, the investigations process, and the sanctions that can be imposed if a barrister is found to have breached the BSB’s rules.
One important aspect of BSB Handbook 4.8 is the requirement for barristers to co-operate fully with any investigation into their conduct. This includes providing information and documents as requested, attending interviews, and responding to correspondence in a timely manner. Failure to co-operate fully with an investigation can result in additional sanctions being imposed.
Other points of presentation can lead to points being deducted, including swigging from water bottles, putting your hands in your pockets while addressing the judge or allowing a mobile phone to ring in the middle of a legal exercise – an offence that will cost three points.
Raza Husain KC told the Court of Appeal at the start of a four-day hearing that Rwanda was an authoritarian one-party state that did not tolerate opposition and claimed it imprisons, tortures and murders opponents.
The Bar Standards Board plays a vital role in regulating the legal profession in England and Wales and is essential for maintaining public confidence in the legal system.. It is responsible for maintaining the highest standards of professionalism and ethical behaviour among barristers, and for ensuring that they are competent to practise.
If you have a complaint about the conduct of a barrister, you can make a complaint to the BSB. The BSB has a complaints procedure in place to ensure that complaints are dealt with fairly and efficiently. The BSB Handbook 4.8 sets out the rules and procedures for making a complaint, and for dealing with investigations and sanctions.
We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).
A Google Search for The Secret Barrister shows that they are an Award-winning Sunday Times No.1 bestselling author much lauded by the public and legal profession.
Seems a bit odd that the Bar Standards Board don’t think the Secret Barrister is a Barrister !
If the Secret Barrister is not a Barrister then surely this should be of concern to the Bar Standards Board ? This would also be an offence under the Legal Services Act 2007 ?
It is highly likely that The Bar Standards Board know :-
The identity of the Secret Barrister
That the Secret Barrister is a barrister regulated by the Bar Standards Board
The Secret Barrister is, contrary to the email from the Bar Standards Board Contact and Assessment Team, most definitely identifiable and should be subject to proper investigation in the public interest.
From: BSB Contact Us <contactus@barstandardsboard.org.uk> Sent: Tuesday, August 13, 2024 2:48 PM To: Dom Watts Subject: RE: Reporting a concerns about a practising barrister (The Secret Barrister) 2024/1910
Dear Mr Watts
Thank you for your email and for sharing your concerns with us.
However, we are only able to deal with matters about a barrister that is identifiable, and it is the reporter’s responsibility to provide us with the name. It is possible the person may not even be a barrister; therefore, we will not be able to assess this matter further and the case is now closed in our system. If you want to make a report in the future, you will need to provide us with the name of the barrister and evidence of your concern.
We are sorry that we are unable to help at this time.
The Secret Barrister is an anonymous junior barrister practicing criminal law in England and Wales. Through a series of books and a popular blog, this enigmatic figure has shed light on the intricacies and flaws of the UK’s legal system, making complex legal issues accessible to the general public.
The identity of The Secret Barrister remains unknown to the public, but everyone loves a good mystery and a healthy whodunnit !
Despite various speculations and attempts to uncover their identity, they have successfully maintained their anonymity until now. The Secret Barrister was described as a junior barrister specialising in criminal law, aged between 30 and 40, and not an Oxbridge graduate. They have also been described as a lefty lawyer.
The term moron is now widely accepted as being dated and offensive.
A person affected with mild intellectual disability
The terms idiot, imbecile, moron, and their derivatives were formerly used as technical descriptors in medical, educational, and regulatory contexts. These uses were broadly rejected by the close of the 20th century and are now considered offensive.
“Name calling” is also widely considered to be a form of bullying and harassment. I believe it’s also illegal !
Hardly the behaviour of a Barrister of England and Wales. It displays wanton arrogance and a rules don’t apply to me attitude.
The Secret Barrister may have friends in high places and be an expert in law, however no one is above the law.Thanks for reminding me about free speech.
The Secret Barrister has been reported to the Bar Standards Board to investigate :-
You can also report behaviour by a barrister to us even if you were not their client. For example, you can make a report about barristers who may be:
……behaving in a way which is likely to diminish the trust and confidence which the public places in them or in the profession – for example if they are bullying or harassing someone or using racist, sexist, or otherwise seriously offensive language either in person or on social media.
Barrister Alan Robertshaw discusses Barristers and behaviour on Social Media
From: Dom Watts Sent: Thursday, August 8, 2024 10:25 AM To: contactus@barstandardsboard.org.uk Subject: Reporting a concerns about a practising barrister (The Secret Barrister) Importance: High
Dear Bar Standards Board
I wish to report a barrister ( The Secret Barrister) for a breach of CD5 and behaving in a way which is likely to diminish the trust and confidence which the public places in them or in the profession –bullying / harassing someone using seriously offensive language either in person or on social media.
I am unable to use your online reporting form as I do not have the details for The Secret Barrister. I’m sure you know who they are !
Can you confirm that they are a practising barrister and regulated by you ?
I believe that sending my concern by email is allowed by your Reasonable Adjustments Policy. If not, could you please provide their full name and chambers so I can complete your online form ?
Regards
Email to the Bar Standards Board with concerns about The Secret Barrister
The Secret Barrister on YouTube
The Secret Barrister: is it only the rich who can afford to defend themselves?
For years - via Twitter, and now a tell-all book - an anonymous author known as the 'Secret Barrister' has painted a picture of a ...
The Secret Barrister: is it only the rich who can afford to defend themselves?
For years - via Twitter, and now a tell-all book - an anonymous author ...
For years - via Twitter, and now a tell-all book - an anonymous author known as the 'Secret Barrister' has painted a picture of a ...
A system on its knees? Inside the criminal justice system with the Secret Barrister
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It's rare to get a peek behind the scenes of courtrooms and the people working in them (Subscribe: ...
The Secret Barrister: Justice in a pandemic
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Over the last week, we have been hearing about the troubles in the criminal justice system in England and Wales from the ...
The Secret Barrister on why it's so difficult for rape victims to get justice
Last week we heard from the anonymous author The Secret Barrister ...
Last week we heard from the anonymous author The Secret Barrister about why they say that the legal system in England and ...
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The Secret Barrister: Bestselling Anonymous Author | Full Address and Q&A | Oxford Union
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The Secret Barrister: Stories of the Law and How It’s Broken (2018)
This debut book provides a critical first-hand account of the criminal justice system in England and Wales. It highlights the systemic issues and underfunding that plague the legal system, using real-life cases to illustrate these points.
Fake Law: The Truth About Justice in an Age of Lies (2020)
In this follow-up, The Secret Barrister tackles the misinformation and myths surrounding the legal system. The book debunks common misconceptions and explains how these falsehoods can harm justice and society.
Nothing But The Truth: Stories of Crime, Guilt and the Loss of Innocence (2022)
This memoir tracks the author’s journey from a novice barrister to a celebrated legal commentator. It combines personal anecdotes with broader reflections on the state of the legal profession and the justice system.
Themes and Impact
The Secret Barrister’s works are known for their candid and often critical perspective on the legal system. Key themes include:
Access to Justice: Highlighting the barriers that prevent ordinary people from accessing legal representation.
Legal Aid Cuts: Criticizing the impact of funding cuts on the quality of legal defense available to defendants.
Systemic Failures: Exposing the daily failures within the courts that undermine justice.
Online Presence and Resources
The Secret Barrister also maintains a blog and an active X presence, where they continue to discuss legal issues and engage with the public. Here are some useful links:
The Secret Barrister has played a crucial role in demystifying the legal system for the public. Through their books and online presence, they continue to advocate for a fairer, more transparent justice system. Whether you’re a legal professional or simply interested in understanding how the law works, The Secret Barrister’s insights are invaluable.
The BlackBeltBarrister YouTube channel provides free legal guidance and explains the different aspects of law, legal principles, and procedures. As of the 20th August 2024, the Black Belt Barrister has 533k subscribers.
The BlackBelt Barrister should not be confused with the Secret Barrister.
Black Belt Barrister is not a replacement for formal legal advice but it is highly informative and may help you to understand more about the law.
During Lucy Letby’s trial, evidence from an unpublished report into deaths at the Countess of Chester Hospital; The report, which raised concerns about a rise in ...neonatal deaths and Letby’s presence during these incidents, was used to highlight anomalies in the deaths of babies under her care. The prosecution focused on patterns and shifts where Letby was on duty, and certain parts of the hospital’s internal reviews and external investigations were disclosed as part of the evidence against her.
IMPORTANT DISCLAIMER:
I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein. Description may contain affiliate or sponsored links, for which we may receive commissions or payment.[+] Show More
During Lucy Letby’s trial, evidence from an unpublished report into deaths at the Countess of Chester Hospital; The report, which raised concerns about a rise in ...neonatal deaths and Letby’s presence during these incidents, was used to highlight anomalies in the deaths of babies under her care. The prosecution focused on patterns and shifts where Letby was on duty, and certain parts of the hospital’s internal reviews and external investigations were disclosed as part of the evidence against her.
IMPORTANT DISCLAIMER:
I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein. Description may contain affiliate or sponsored links, for which we may receive commissions or payment.[+] Show More
This is awesome!
Check out HomeGym Pro: https://www.joinfitapp.com/ Free £50, bonuses, ...
IMPORTANT DISCLAIMER:
I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. Videos ...on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein. Description may contain affiliate or sponsored links, for which we may receive commissions or payment.[+] Show More
How can they justify this?
I need your honest opinion! Free £50, bonuses, and more: ...
IMPORTANT DISCLAIMER:
I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. ...Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein. Description may contain affiliate or sponsored links, for which we may receive commissions or payment.[+] Show More
Is Lucy Letby Innocent? This will make you think...
Visit https://ground.news/BBB for 40% off unlimited access to all the ...
Visit https://ground.news/BBB for 40% off unlimited access to all the world's news with context. Get all sides of every story and avoid media bias.
There are strong views surrounding the Lucy ...#Letby trial and recently begun inquiry. Here, a discusison examining the controversy around Dr. Evans’ evidence and whether it should be allowed. Powerful arguments from both sides, highlighting the high stakes and emotional weight of the case. .
IMPORTANT DISCLAIMER:
I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein. Description may contain affiliate or sponsored links, for which we may receive commissions or payment.[+] Show More
Is the CASHLESS Society Coming? Can Businesses Refuse Cash?
Someone found a sign in a Starbucks window to say that they are going ...
Someone found a sign in a Starbucks window to say that they are going cashless and not accepting any form of cash, only card or contactless payment but is the ...story true? And what does the law say about legal tender and accepting cash as a form of payment?
IMPORTANT DISCLAIMER:
I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein. Description may contain affiliate or sponsored links, for which we may receive commissions or payment.[+] Show More
Interesting Update in the "Manchester Airport" Incident.
The IPOC are conducting a criminal investigation into the leaking of ...
The IPOC are conducting a criminal investigation into the leaking of the CCTV Footage and demand to know the source!
Credit to David Atherton - @DaveAtherton20 on X for posting this.
IMPORTANT DISCLAIMER:
I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein. Description may contain affiliate or sponsored links, for which we may receive commissions or payment.[+] Show More
We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).
A barrister is anyone who has been Called to the Bar in England and Wales. For a barrister to offer a full range of legal services (including what are known as “reserved legal activities”) a barrister must also be authorised to practise.
These barristers are recorded on the Barristers’ Register which records their practising status and address, the reserved legal activities they are authorised to undertake and whether they have been the subject of any disciplinary findings.
Barristers who are not authorised to practise are allowed to provide a more limited range of legal services but they must not refer to themselves as barristers in doing so.
Should a barrister that commits fraud be prosecuted and disbarred ? Would this criminality and dishonesty diminish the trust and confidence which the public places in the profession ?
Read the reviews of Junior Sussex Barrister Gavin Howe “He is awful, underhanded and should not be practising law!”
and Legal 500 Junior Barrister Eleanor Battie “She is a one-woman legal A Team”
Called to the Bar is the symbolic barrier separating the public from those admitted to the well of the Court.
Role of a Barrister
A barrister is a legal professional who specializes in court advocacy and provides independent legal advice to clients. Here are key points about their role:
Court Advocacy: Barristers represent clients in court proceedings, both in defense and prosecution. They present arguments, cross-examine witnesses, and make legal submissions.
Independent Advice: Clients can directly instruct barristers without involving a solicitor. Barristers offer expert advice on case merits, potential outcomes, and legal strategies.
Self-Employed: Most barristers are self-employed and work from chambers. However, some may work in government agencies or private organizations.
Practice Areas
Barristers work across various legal practice areas. Some common ones include:
Criminal Law: Representing clients in criminal trials, appeals, and sentencing hearings.
Family Law: Handling divorce, child custody, and financial disputes.
Commercial Law: Advising on business contracts, disputes, and corporate matters.
Employment Law: Dealing with workplace disputes, discrimination claims, and employment contracts.
Personal Injury: Representing clients in accident claims and compensation cases.
Property Law: Assisting with property transactions, disputes, and landlord-tenant matters.
Qualifications
To become a barrister in England and Wales, follow these steps:
Qualifying Law Degree: Obtain an LLB Law degree or a non-law degree followed by a conversion course (such as the Postgraduate Diploma in Law or Master of Arts in Law).
Bar Practice Course (BPC): Complete the BPC, a postgraduate course that prepares graduates for barrister practice. Passing the BPC is a prerequisite for the final stage of training called pupillage.
Essential Skills
Barristers need a diverse skill set:
Communication: Ability to interact with various people effectively.
Analytical Thinking: Logical approach to problem-solving.
Advocacy: Representing clients’ interests persuasively in court.
Attention to Detail: Crucial for legal research and case preparation.
Time Management: Juggling multiple cases efficiently.
Commercial Awareness: Understanding business and industry contexts.
In summary, barristers are legal advocates who specialise in court representation and provide vital legal advice. Whether in criminal trials, family disputes, or commercial matters, their expertise ensures justice and fairness in the legal system.
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