Author: Dom Watts

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.

Dom Watts publishes the Ministry of Injustice as a citizen journalist. The journalism exemption is detailed in the Data protection and journalism code of practice published by the ICO and Section 124 of the Data Protection Act 2018.

Section 2 of the Defamation Act 2013 sets out the defence of truth. Section 3 of the Defamation Act 2013 sets out the defence of honest opinion. Section 4 of the Defamation Act 2013 sets out the defence of public interest. Section 8 of the Defamation Act 2013 sets out the single publication rule.

Section 4a of The Limitation Act 1980 defines the time limit for actions for defamation or malicious falsehood as one year from the date on which the cause of action accrued.

Article 10 of the Human Rights Act 1998 gives the right to freedom of expression.

"Free speech encompasses the right to offend, and indeed to abuse another." Para 43 Scottow v CPS [2020] EWHC 3421 (Admin)

R v O’Neill [2016] EWCA Crim 92, [2016]

In 2002 Dom Watts was an unlikely consumer champion. The dad of three from Croydon took on the power and might of Kodak – and won………

Dom on BBC Working Lunch

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Judiciary

Lady Chief Justice

lady chief justice dame sue carr

The Lady Chief Justice is the most senior judge in England and Wales, and is responsible for the administration of justice. The salary of the Lady Chief Justice is £312,510.

Dame Sue Carr was sworn in as the first Lady Chief Justice of England and Wales on the 1st October 2023.

Check out our articles on HHJ Inman KC and the email to the Lady Chief Justice.

His Majesty The King has been pleased to approve the appointment of Dame Sue Carr as the Lady Chief Justice of England and Wales from 1 October 2023. This appointment follows the retirement of The Rt Hon. the Lord Burnett of Maldon on 30 September 2023.

Dame Sue Carr was called to the Bar in 1987. As a barrister she specialised in general commercial law and took silk in 2003. She became Chair of the Professional Negligence Bar Association in 2007, Chair of the Bar Standards Board Conduct Committee in 2008, and was appointed as the Complaints Commissioner to the International Criminal Court in the Hague in 2011.

Her judicial career began in 2009 in crime, when she became a Recorder. She was appointed to the High Court, Queen’s Bench Division in 2013, and became a nominated Judge of the Commercial Court and the Technology and Construction Court in 2014. In the same year she became a member of the Investigatory Powers Tribunal until 2016. She became a Presider of the Midland Circuit in 2016 until 2020, when she was appointed as a Lady Justice of Appeal. In the same year she was also appointed as the senior Judicial Commissioner and Vice Chair of the Judicial Appointments Commission, a position she held until January 2023.

Dame Sue Carr was educated at Wycombe Abbey School and read law at Trinity College Cambridge.

Appointment of Lord Chief Justice: 15 June 2023 gov.uk

The role of The Lady Chief Justice (LCJ) is to oversee the judiciary and ensure that the courts operate efficiently and effectively. This position is a vital one in the legal system, and the Lady Chief Justice plays a significant role in upholding the rule of law in England and Wales.

The Lady Chief Justice is also President of all the Courts of England and Wales. The Lady Chief Justice sits in both the Criminal and Civil divisions of the Court of Appeal, in the Divisional Court and also, by invitation, in the UK Supreme Court.

Under the Constitutional Reform Act 2005, the Lady Chief Justice (LCJ) has some 400 statutory (required by law) duties. The LCJ’s key responsibilities include:

  • Representing the views of the judiciary of England and Wales to Parliament and Government.
  • The welfare, training and guidance of the judiciary of England and Wales. The Lord Chief Justice discusses with Government the provision of resources for the judiciary, which are allotted by the Lord Chancellor.
  • The deployment of judges and allocation of work in courts in England and Wales.
Lady Chief Justice Courts and Tribunals Judiciary

You may also be interested in our article on the Lord Chief Justice, Master of the Rolls and the Lord Chancellor.

History of the Lord/Lady Chief Justice

The history of the Lord Chief Justice dates back to the 12th century, when the office of the Chief Justiciar was established in England. This office was responsible for overseeing the administration of justice in the country, and was considered the most important legal office in the land.

Over time, the role of the Chief Justiciar evolved, and in 1234, the office of the Lord Chief Justice was established by King Henry III. This new position was created to provide greater independence and authority to the judiciary, and to ensure that justice was administered fairly and impartially.

The Lord Chief Justice is appointed by the King on the recommendation of the Prime Minister. The appointment is made from a list of candidates prepared by an independent panel of legal experts. The Lord Chief Justice holds the position for a fixed term of five years, after which he or she may be re-appointed for another term.

The Lord Chief Justice has a number of important responsibilities. These include presiding over the Court of Appeal, which is the second highest court in the land, and overseeing the High Court and the Crown Court. The Lord Chief Justice also plays a key role in the development of the law, and is responsible for ensuring that the judiciary is properly trained and equipped to handle the complex legal issues that arise in the modern world.

One of the key functions of the Lord Chief Justice is to ensure that justice is administered fairly and impartially. This means that the Lord Chief Justice must be independent of political influence, and must make decisions based solely on the evidence presented in court. The Lord Chief Justice is also responsible for ensuring that the court system operates efficiently and effectively, and that the rights of defendants and victims are protected.

The Lord Chief Justice is assisted in his or her duties by a team of judges, including the Lord Justice of Appeal and the High Court judges. These judges are responsible for hearing cases and making judgments in accordance with the law. The Lord Chief Justice also works closely with the Ministry of Justice and the Attorney General’s office to ensure that the legal system operates effectively and efficiently.

In addition to his or her legal duties, the Lord Chief Justice also plays an important role in promoting the legal profession and upholding the principles of justice and fairness. The Lord Chief Justice is often called upon to speak publicly on legal issues, and to represent the legal profession in national and international forums. The Lord Chief Justice is also responsible for ensuring that the legal profession maintains high ethical standards, and that lawyers and judges act with integrity and professionalism at all times.

The role of the Lord Chief Justice is a complex and demanding one, and requires a deep understanding of the law and the legal system. The Lord Chief Justice must be able to balance the demands of the legal profession with the needs of society, and must be able to make difficult decisions in the face of complex legal issues. The Lord Chief Justice must also be able to work closely with other members of the judiciary, as well as with government officials, to ensure that the legal system operates smoothly and effectively.

In recent years, the role of the Lord Chief Justice has become even more important, as the legal system has become more complex and the demands on the judiciary have increased. The Lord Chief Justice must be able to adapt to changing circumstances, and to ensure that the legal system remains effective in the face of new challenges and developments.

As Lady Chief Justice, Dame Carr is responsible for overseeing the administration of justice in England and Wales, and for ensuring that the legal system operates fairly and efficiently. She also plays an important role in promoting the independence and integrity of the judiciary, and in ensuring that judges and lawyers maintain high ethical standards.

In addition to his role as Lady Chief Justice, Carr also serves as a member of the Privy Council. She is widely respected for his legal expertise and her commitment to upholding the rule of law, and is regarded as one of the most influential legal figures in the UK today.

Appointment and Selection Process

The appointment of the Lord/Lady Chief Justice is made by His Majesty The King on the advice of the Prime Minister and the Lord Chancellor following the recommendation of an independent selection panel chaired by Helen Pitcher OBE, Chair of the Judicial Appointments Commission . The other members were Lord Lloyd-Jones of the Supreme Court,  Sue Hoyle OBE and Sarah Lee (lay and professional members of the Judicial Appointments Commission), and Lord Justice Edis (Senior Presiding Judge).

This selection exercise was run under the relevant sections of the Constitutional Reform Act 2005 as amended by the Crime and Courts Act 2013. In accordance with section 70 of the Constitutional Reform Act 2005, as amended by the Crime and Courts Act 2013, the panel determined the selection process to be followed and consulted the Lord Chancellor and the First Minister of Wales on the process followed.

In accordance with s.10(3) of the Senior Courts Act 1981 c.54, the selection exercise was open to all applicants who satisfied the judicial-appointment eligibility condition on a 7-year basis, or were judges of the Supreme Court, Court of Appeal, or High Court.

Given the challenges of reducing the outstanding caseloads across jurisdictions and the drive for modernisation across the Courts and Tribunals, candidates were expected to be able to serve for at least 4 years.

Appointment of Lord Chief Justice: 15 June 2023 gov.uk

The Lady Chief Justice is a vital figure in the English legal system, and plays a crucial role in upholding the principles of justice and fairness. The Lady Chief Justice is responsible for overseeing the administration of justice in England and Wales, and for ensuring that the legal system operates efficiently and effectively.

The Lady Chief Justice is also responsible for promoting the legal profession, and for ensuring that lawyers and judges maintain high ethical standards. This is an important role, as the legal profession plays a key role in upholding the rule of law and protecting the rights of individuals.

The Lady Chief Justice is an impartial figure, who must make decisions based solely on the evidence presented in court. This means that the Lady Chief Justice must be independent of political influence, and must be able to make difficult decisions in the face of complex legal issues.

One of the most important functions of the Lady Chief Justice is to oversee the development of the law. The Lady Chief Justice plays a key role in shaping the law, and in ensuring that the legal system remains relevant and effective in the face of new challenges and developments.

The Lady Chief Justice is also responsible for ensuring that the judiciary is properly trained and equipped to handle the complex legal issues that arise in the modern world. This means that the Lady Chief Justice must work closely with other members of the judiciary, as well as with government officials, to ensure that the legal system remains effective and efficient.

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 William Ewart Gladstone

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Law

Royal Courts of Justice

Royal Courts of Justice

The Royal Courts of Justice are a grand court building situated in The Strand London England which are located opposite to the Temple Bar Memorial Pillar.

The Royal Courts of Justice serves as the central court of the High Court of Justice and the Court of Appeal.

His Majesty King Charles III visited the Royal Courts of Justice (RCJ) on the 14th December 2023 for a historic event which celebrated the relationship between the monarchy and the judiciary. The King was met by Lady Carr, Lady Chief Justice of England and Wales (LCJ), who hosted his visit, as well as many judges and magistrates, and Judicial Office and HM Courts and Tribunals Service (HMCTS) staff.

King Charles III visits the Royal Courts of Justice

About the Royal Courts of Justice

The High Court of Justice in London, known properly as His Majesty’s High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales.

Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes.

It deals at first instance with all high value and high importance civil law (non-criminal) cases, and also has a supervisory jurisdiction over all subordinate Courts and Tribunals, with a few statutory exceptions.

The High Court consists of 3 divisions: the King’s Bench Division, the Family Division, and the Chancery Division.

The Central London County Court deals with civil cases of varying complexity and value, including disputes between individuals, businesses, and organisations and is one of the largest County Courts in England and Wales. The County Court is located in the Thomas More Building.

History of the Building

The Royal Courts of Justice building, located on The Strand, was designed by architect George Edmund Street and completed in 1882.

Its impressive Victorian Gothic architecture, grandeur and history make it one of the most recognizable landmarks in London, attracting thousands of tourists and legal professionals every year.

The Royal Courts of Justice was built to address the need for a larger, more centralised court system in London. Prior to its construction, there were several different courts throughout the city that were responsible for different types of cases. This led to confusion and inefficiency, and it was decided that a new, purpose-built courthouse was needed.

The building of the Royal Courts of Justice began in 1873 and took nearly a decade to complete. The cost of construction was substantial, with estimates suggesting that it was around £1.2 million, which was a significant sum of money at the time. The building’s design was based on Gothic architecture, which was popular during the Victorian era.

The Royal Courts of Justice was officially opened by Queen Victoria in 1882. Since then, it has played a central role in the British legal system, serving as the site of many significant cases over the years.

The Royal Courts of Justice is a fascinating and impressive court building that is steeped in history. Its grand architecture and impressive design reflect the importance of the legal system in British society, and it is a must-visit destination for anyone interested in law and history.

Visiting the Royal Courts of Justice

If you are planning on visiting the Royal Courts of Justice you should read the Royal Courts of Justice webpage on the Find a Court or Tribunal service.

Court and tribunal hearings in England and Wales usually take place in public. This means you can observe a court or tribunal hearing whether you’re a journalist, academic or member of the public.

The Royal Courts of Justice daily cause list lists all cases for trial in the Royal Courts of Justice and its outlying buildings.

If you are attending any court, it is important to be aware of what you are allowed to bring with you, as well as what is prohibited. The general rules Going through security at a court or tribunal building should be referred to.

Going through security at a court or tribunal building 28th March 2023

Surrender and seizure of articles

(1)If a court security officer acting in the execution of his duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (3), he must ask the person to surrender the article.

(2)If the person refuses to surrender the article, the officer may seize it.

(3)The grounds are that the article—

(a)may jeopardise the maintenance of order in the court building (or a part of it),

(b)may put the safety of any person in the court building at risk, or

(c)may be evidence of, or in relation to, an offence.

Courts Act 2003 Part 4 Section 54

Spoons at the Royal Courts of Justice

The Royal Courts of Justice appear to have different prohibited item rules to other courts as detailed in Version 1.03 of a Ministry of Justice (MoJ) document (with obligatory spelling mistakes) obtained on the 2nd November 2022. This document may have been updated since.

Prohibited Items at the Royal Courts of Justice London
Royal-Courts-of-Justice-Prohibited-Items-Ver-103Download

As you will notice, Metal cutlery is prohibited but Spoons are explicitly allowed ! They can clearly be used as weapon. How and why are they allowed ?

Spoon as a Weapon – Fawlty Towers © BBC
Spoon Salesman – Fawlty Towers © BBC
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Legal Analysis

What is Section 35 of the Anti-Social Behaviour, Crime and Policing Act 2014 ?

Section 35

Section 35 of the Anti-Social Behaviour, Crime and Policing Act 2014 grants police officers the power to direct a person to leave a specified area for up to 48 hours if certain conditions are met.

The Met Police were recently criticised for their use of Section 35 powers to arrest Tommy Robinson who was attending a march against antisemitism in London whilst working as a journalist.


(1) If the conditions in subsections (2) and (3) are met and an authorisation is in force under section 34, a constable in uniform may direct a person who is in a public place in the locality specified in the authorisation—

(a) to leave the locality (or part of the locality), and

(b) not to return to the locality (or part of the locality) for the period specified in the direction (“the exclusion period”).

(2) The first condition is that the constable has reasonable grounds to suspect that the behaviour of the person in the locality has contributed or is likely to contribute to—

(a) members of the public in the locality being harassed, alarmed or distressed, or

(b) the occurrence in the locality of crime or disorder.

(3) The second condition is that the constable considers that giving a direction to the person is necessary for the purpose of removing or reducing the likelihood of the events mentioned in subsection (2)(a) or (b).

(4) The exclusion period may not exceed 48 hours.

The period may expire after (as long as it begins during) the period specified in the authorisation under section 34.

(5) A direction under this section—

(a) must be given in writing, unless that is not reasonably practicable;

(b) must specify the area to which it relates;

(c) may impose requirements as to the time by which the person must leave the area and the manner in which the person must do so (including the route).

(6) The constable must (unless it is not reasonably practicable) tell the person to whom the direction is given that failing without reasonable excuse to comply with the direction is an offence.

(7) If the constable reasonably believes that the person to whom the direction is given is under the age of 16, the constable may remove the person to a place where the person lives or a place of safety.

(8) Any constable may withdraw or vary a direction under this section; but a variation must not extend the duration of a direction beyond 48 hours from when it was first given.

(9) Notice of a withdrawal or variation of a direction—

(a) must be given to the person to whom the direction was given, unless that is not reasonably practicable, and

(b) if given, must be given in writing unless that is not reasonably practicable.

(10) In this section “public place” means a place to which at the material time the public or a section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.

(11) In this Part “exclusion period” has the meaning given by subsection (1)(b).

Directions excluding a person from an area Section 35 ABCP Act 2014

These conditions include the officer having reasonable grounds to suspect that the person’s behaviour has contributed or is likely to contribute to members of the public being harassed, alarmed, or distressed, or to the occurrence of crime or disorder in the area.

The direction must be given in writing (unless impractical), specify the area, and may include requirements on the time and manner of departure, including the route. Failing to comply with the direction is an offence.

The power can be exercised by a Police Constable or a Police Community Support Officer. and must be authorised by a police officer of at least the rank of inspector. Section 34 of the Anti-Social Behaviour, Crime and Policing Act 2014 details the Authorisations to use powers under section 35.

(1) A police officer of at least the rank of inspector may authorise the use in a specified locality, during a specified period of not more than 48 hours, of the powers given by section 35.

“Specified” means specified in the authorisation.

(2) An officer may give such an authorisation only if satisfied on reasonable grounds that the use of those powers in the locality during that period may be necessary for the purpose of removing or reducing the likelihood of—

(a) members of the public in the locality being harassed, alarmed or distressed, or

(b) the occurrence in the locality of crime or disorder.

(3) In deciding whether to give such an authorisation an officer must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.

“Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.

(4) An authorisation under this section—

(a) must be in writing,

(b) must be signed by the officer giving it, and

(c) must specify the grounds on which it is given.

Authorisations to use powers under section 35 Section 34 ABCP Act 2014

Challenge a Section 35 Order

There are several ways to challenge the use of Section 35 of the Anti-Social Behaviour, Crime and Policing Act 2014 if you believe that the powers have been used inappropriately or unfairly :-

  1. Complain to the Police: Initially, you can make a complaint to the police force that issued the direction under Section 35. Each police force and local authority will have a formal complaints procedure.
  2. Independent Review: If you are not satisfied with the response from the police or local authority, you can seek an independent review. For police complaints, this may involve the Independent Office for Police Conduct (IOPC).
  3. Judicial Review: As a last resort, you can consider a judicial review, which is a type of court proceeding where a judge reviews the lawfulness of a decision or action made by a public body. A judicial review could challenge the way in which the powers were exercised.
  4. Legal Advice: It is advisable to seek legal advice if you are considering challenging the use of these powers. A solicitor can provide guidance on the merits of your case and the appropriate course of action.

Remember, the use of these powers is subject to certain conditions and must be proportionate to the issue being addressed. The rights of freedom of expression and freedom of assembly, as set out in the Human Rights Act 1998, must also be considered by the authorities when exercising these powers.

If you need detailed guidance or support, you may want to consult a legal professional who specialises in this area of law. They can provide personalised advice based on the specifics of your situation.

Public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise ”.

Section 33 Criminal Justice Act 1972

Check out our articles on HHJ Farquhar, HHJ Bedford and the highly questionable Sussex Family Justice Board.

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Legal Analysis Legal Professionals

Bar Standards Board Justice !

Bar Standards Board Justice
Bar Standards Board Justice !

The Bar Standards Board published disciplinary findings against barrister Mr Thomas David Davidson on the 21st November 2023.

Thomas Davidson, a practising barrister, behaved in a way which was likely to diminish the trust and confidence which the public places in him or in the profession, in that, on 7 February 2022 at Salisbury Magistrates Court, following the conclusion of a trial during which he had represented a defendant before a Bench consisting of three Lay Magistrates, and after the Chairperson raised with him the issue of his having used a German accent during the proceedings and telling him that this conduct had been inappropriate, Mr Davidson looked at the Bench and said “Jawohl” at the same time as raising a hand in a Nazi salute, which conduct was seriously offensive and discreditable.

For professional misconduct contrary to Core Duty 5 (CD5) of the Code of Conduct of the Bar of England and Wales, Thomas Davidson was reprimanded and fined £250 with costs of £1,750.00.

The work that the Bar Standards Board do is governed by the Legal Services Act 2007 (the Act) as well as a number of other statutes.

The BSB Handbook contains the rules about how barristers must behave and work. Version 4.8 of the BSB Handbook came into force on the 21st May 2024.

This is hardly a punishment or deterrent by the Bar Standards Board. Where is the justice in this pathetic reprimand ?

Why was he not dealt with by the magistrates for contempt of court ?

•    setting the education and training requirements for becoming a barrister;
•    setting continuing training requirements to ensure that barristers’ skills are maintained throughout their careers;
•    setting standards of conduct for barristers;
•    authorising organisations that focus on advocacy, litigation, and specialist legal advice;
•    monitoring the service provided by barristers and the organisations we authorise to ensure they meet our requirements; and
•    considering reported concerns about barristers and the organisations we authorise and taking enforcement or other action where appropriate.

Bar Standards Board Responsibilities

Check out our articles on Barristers, Gavin Howe, Eleanor Battie, Direct Access Barristers, Inns of Court, Bar Standards Board, Bar Council, Law Society, Legal Services Board, Rule of Law, Lincoln’s Inn and the highly questionable Sussex Family Justice Board.

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Judiciary

Judicial Appointments and Conduct Ombudsman (JACO)

Judicial Appointments and Conduct Ombudsman JACO

The Judicial Appointments and Conduct Ombudsman (JACO) is a UK government organisation that provides an independent review of complaints about the conduct of judicial office holders and the judicial appointments process.

JACO works with the Ministry of Justice and can look into complaints about how investigating bodies have handled allegations of misconduct by judicial office holders, as well as complaints about the judicial appointments process1.

Here’s what JACO does:-

Judicial Conduct Complaints

If someone is not satisfied with how a complaint about a judge, magistrate, tribunal member, or coroner was handled, they can apply to JACO. The complaint must have already been considered by the Judicial Conduct Investigations Office, tribunal president, or magistrates’ advisory committee.

For judicial conduct investigations process complaints, the JACO are responsible for:

  • considering complaints about the judicial conduct investigations process
  • asking the Judicial Conduct Investigations Office, a tribunal president, or magistrates’ advisory committee to re-investigate a complaint where appropriate
  • recommending changes to procedure in order to prevent the same issue from happening again
  • proposing that compensation be paid if we believe that a complainant has suffered because of maladministration

JACO Judicial Conduct Complaint Form

Complete the JACO judicial conduct complaint form to ask the Judicial Appointments and Conduct Ombudsman to look into the handling of a complaint about judicial conduct.

Judicial Appointment Complaints

JACO also looks at how complaints about the judicial appointments process are handled.

For judicial appointment complaints, the JACO are responsible for:

JACO Judicial Appointment Complaint Form

Complete the JACO judicial appointment complaint form to ask the Judicial Appointments and Conduct Ombudsman to look into the handling of a complaint about judicial appointment.

Judicial Appointments and Conduct Ombudsman

The current Judicial Appointments and Conduct Ombudsman is Douglas Marshall. If you need to contact JACO, their email address is headofoffice@judicialombudsman.gov.uk

Office of the Judicial Appointments and Conduct Ombudsman
Postal Point 1.55
1st Floor, the Tower
102 petty France
London
SW1H 9AJ
United Kingdom

JACO Important Information

It’s important to note that JACO cannot help with a court or tribunal case, investigate a judicial office holder, or say whether their actions amount to misconduct. They also cannot reopen a court or tribunal case, review a judge’s decision, reprimand the office holder, remove them from office, or force anyone to pay compensation. However, they can recommend an apology, compensation for any loss suffered, or changes to the judicial complaint process.

JACO Decisions

The ombudsman’s decision is final and cannot be appealed against. For more detailed information, you can visit the official JACO website.

Check out our articles on HHJ Farquhar, HHJ Bedford and the highly questionable Sussex Family Justice Board.

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Judiciary

Senior President of Tribunals

Senior President of Tribunals Sir Keith Lindblom

The Senior President of Tribunals is the independent and statutory leader of the tribunal judiciary. The office of the Senior President of Tribunals is independent of both the Executive and the Chief Justices, and was established under the Tribunals Courts and Enforcement Act 2007.

Just as the Lady Chief Justice heads the judiciary in England and Wales, the Senior President heads the tribunals judiciary, although his remit extends to Scotland and Northern Ireland depending on the jurisdiction concerned (Immigration and Asylum as well as Tax are UK-wide).

The Senior President of Tribunals provides leadership for around 5,000 office-holders., all those within the First-tier and Upper Tribunals and the Employment Tribunals. This includes all the Chamber Presidents and their Tribunal Judges and members, as well as those within Employment Tribunals in England and Wales and their Scottish counterpart, and the Employment Appeal Tribunal.

The Senior President has a number of statutory responsibilities. These include representing the views of tribunals judiciary to the Lord Chancellor, parliament and ministers.

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Photography in Court

photography in court

Section 41 of the Criminal Justice Act 1925 (CJA 1925) makes it an offence to take any photograph, make or attempt to make any portrait or sketch of a justice or a witness in, or a party to, any proceedings before the court, either in the courtroom or its precincts. A court precinct are its buildings and land.

According to the CPS, the penalty on summary conviction is a fine not exceeding level 3 on the standard scale. A Level 3 fine is a maximum of £1,000 and is published on the Sentencing Council website. The CJA 1925, however only provides for a fine not exceeding £50.

(1) No person shall—

(a) take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or

(b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof;

and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.

Criminal Justice Act 1925 Section 41

The Criminal Justice Act 1925 comes into effect within the precinct of a Crown Court; whereas the Contempt of Court Act 1981 comes into effect on all other HMCTS sites.

The offence at s41 CJA 1925 can be charged as a criminal offence in accordance with the Director’s Guidance on Charging, or the underlying behaviour can be dealt with by the court as a contempt in accordance with the summary procedure at Rule 48.5 of the Criminal Procedure Rules – see R v D (Contempt of Court: Illegal Photography) [2004] EWCA Crim 1271, or on a later application to the High Court by the Attorney General.

If dealt with by summons or charge normal time limits apply. The decision whether to charge a criminal offence or to bring proceedings for contempt will depend on the facts of the case, including the gravity of the interference with the administration of justice.

In Solicitor General v Cox [2016] EWHC 1241 (QB) the Solicitor General brought proceedings for common law contempt in respect of photos and videos taken in court and posted online along with derogatory comments about the judge. The court found that both the taking and publication of the illegally taken images, accompanied by pejorative comments about a judge, amounted to contempt, in circumstances where the contemnor knew phones were banned and had acted in deliberate defiance of it. The court considered the gravity of the risks and of the interference with the due administration of justice in the case and held that proceedings for contempt, rather than prosecution of the criminal offence, were appropriate.

The case of Cox highlights the extent to which the use of social media can interfere with the administration of justice and the need to take appropriate action. Prosecutors should refer to the Criminal Practice Directions (CPD I General matters 6C. This clarifies the use which may be made of live text-based communications, such as mobile email, social media (including Twitter) and internet-enabled laptops in and from courts).

Where evidence exists of an offence contrary to s.41 CJA 1925 prosecutors should assist the court by reference to the above considerations. The court initially decides on whether action must be taken by application of the summary contempt procedure at Rule 48.5. In the magistrates’ court the summary contempt procedure must be completed that day – see Practice and Procedure below. If the court does not proceed in this manner a decision has to be made on whether to proceed by charge or to refer the matter to the Attorney General having regard to the gravity of the risks and interference with the due administration of justice in the case.

Two options

  1. If the offender is apprehended on the day and the court is sitting advise court that it can deal with it as a contempt of court there and then, using the summary procedure at Rule 48.5 above, or have the police decide whether to charge an offence contrary to s.41 Criminal Justice Act 1925. If a magistrates’ court decides to deal with it there and then it may receive an apology but cannot impose a sanction – see Rule 48.5 procedure above.
  2. If the court does not deal with it there and then the normal police investigation and charge procedure applies. The offence is at s41 Criminal Justice Act 1925. Penalty is a level 3 fine. AG consent is not required so police can charge. Prosecutors note – there is no need to contact AGO when this scenario occurs unless the risks and interference with the due administration of justice was particularly grave. See Solicitor General v Cox where particularly serious issue.
Photography in court – Crown Prosecution Service (CPS) Legal Guidance

Contempt of Court

Contempt of Court is conduct that denotes wilful defiance of, or disrespect towards the court, or that wilfully challenges or affronts the authority of the court or the supremacy of the law itself.

Photography Ban and the Crimes and Courts Act 2013 

According to The Law Society Gazette article Court photography ban under review in transparency drive written by Monidipa Fouzder and published on the 11th May 2023 :-

A ban imposed nearly 100 years ago on photography in courts could be lifted under ideas being floated by the government to make the justice system more transparent.

A call for evidence published by the Ministry of Justice today asks if the 1925 prohibition on photography and 1981 prohibition on sound recording remain fit for purpose.

The Crimes and Courts Act 2013 allows the ban to be disapplied in certain circumstances by secondary legislation. For instance, the Court of Appeal and Competition Appeal Tribunal can broadcast proceedings. The Crown court can broadcast sentencing remarks. The Supreme Court is excluded from the two bans because cases heard by the UK’s highest court, which was established in 2009, would have previously been heard in the House of Lords where broadcasting was allowed.

Court photography ban under review in transparency drive

Video of Crown Court and Court of Appeal Cases

The latest cases as captured by Sky News cameras in the Crown Court and Court of Appeal are published on the Sky News – Courts YouTube Channel.

Please be advised that the published videos by Sky News may contain graphic descriptions of serious crimes, including murder and sexual offences.

Check out our articles on Can you Criticise a Judge ?, Litigants in Person, McKenzie Friends, Horsham County Court, HHJ Farquhar, HHJ Bedford, R v Sussex Justices and the highly dubious Sussex Family Justice Board.

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What is Recusal ?

judge steps down recusal

Judges have a duty to act impartially and without bias. This duty is enshrined in common law principles and is essential for upholding the rule of law.

Recusal is an important ethical and legal principle in the justice system, designed to ensure that legal proceedings are conducted fairly and impartially, and that the rights of all parties are protected. It helps maintain public trust in the legal system and upholds the principles of justice and due process.

The basic principle is that a court or tribunal hearing a case must be impartial and that justice “should not only be done, but should manifestly and undoubtedly be seen to be done” R v Sussex Justices

Recusal is when a judge steps down (recuses) from hearing a case on the basis that it’s not appropriate for them to deal with it. They may have a conflict of interest or there might be actual, presumed or apparent bias against a party. There may also be a real possibility that a fair-minded observer would conclude that the judge should not try the case because they cannot be impartial.

A judge can decide to recuse themselves of their own volition, or a party can make an application for recusal. The application should be made at the beginning of any hearing or proceedings.

A Practical Law article RECUSAL OF JUDGES IN CIVIL LITIGATION is published on the 3 Paper Buildings (3PB) Chambers website.

Recusal-of-judges-1-w-034-0054Download

What is a conflict of interest ?

A conflict of interest (COI) refers to a situation in which a judge is involved in multiple interests or relationships, and these interests or relationships could potentially compromise their ability to make impartial or objective decisions. In such situations, there is a risk that personal or financial considerations may unduly influence a judge’s actions or decisions.

What is bias ?

“Bias is an attitude of mind that prevents the judge from making an objective determination of the issues that they have to resolve” Re Medicaments and Related Classes of Goods (No 2) [2001] 1 WLR 700, Para 37.

The University of Oxford Faculty of Law published Determining Bias: A survey of the law in the United Kingdom in January 2020

Following the decision of the Court of Appeal in In Re Medicaments and Related Classes of Goods (No 2) [2001] 1 WLR 700, the accepted test is that laid down in Porter v Magill [2001] UKHL 67, [2002] 2 AC 357, para 103: “whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased”……. The characteristics of the fair-minded and informed observer are now well understood: he must adopt a balanced approach and will be taken to be a reasonable member of the public, neither unduly complacent or naïve nor unduly cynical or suspicious.

R v. Abdroikof (Appellant) and another (On Appeal from the Court of Appeal (Criminal Division)

Check out our articles on  R v Sussex Justices, Rule of Law, Litigants in Person, McKenzie Friends, HHJ Farquhar, HHJ Bedford and the highly dubious Sussex Family Justice Board.

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Family Law Law

McKenzie Friend

mckenzie friend

The term McKenzie Friend stems from the landmark case of McKenzie v McKenzie in 1970 (McKenzie v McKenzie [1970] 3 WLR 472 CA), where a husband sought assistance from a non-legally qualified friend to represent him in court during divorce proceedings.

The Court of Appeal, in their judgment made in 1970, recognised that litigants, especially those without legal representation, could benefit from such support. Consequently, the role of McKenzie Friends was officially acknowledged, allowing individuals to accompany and assist Litigants in Person (LIP) in court.

In 2005 the Court of Appeal, in the matter of the children of Mr O’Connell, Mr Whelan and Mr Watson, further clarified the role of McKenzie friends.

Article 6 of the ECHR is engaged in any application by a litigant in person for the assistance of a McKenzie friend. Furthermore, in our judgment, two clear propositions stand out from the authorities as they apply to family proceedings.

These are:

(1) that the presumption in favour of the litigant being allowed the assistance of a McKenzie friend is a strong one; and

(2) that such a request should not be refused without good reason, even where the proceedings relate to a child and are being heard in private.

[2005] EWCA Civ 759 – LORD JUSTICE THORPE and LORD JUSTICE WALL

Article 6 of the Human Rights Act 1998 makes it unlawful for a public authority to act in a way that is incompatible with a person’s rights under the European Convention on Human Rights.

Role and Responsibilities of McKenzie Friends

McKenzie Friends are volunteers, friends, family members, or sometimes paid advisors, who assist litigants in various ways. They are not lawyers, but their involvement can be valuable.

A McKenzie Friend can help litigants by providing emotional support, taking notes during proceedings, offering practical advice, and helping with case preparation.

However, it is essential to note that McKenzie Friends cannot address the court directly or act as legal representatives.

Practice Guidance: McKenzie Friends (Civil and Family Courts)

In July 2010, the role of McKenzie Friends was formalised through the issuance of Practice Guidance by the then Master of the Rolls and the President of the Family Division.

mckenzie-friends-practice-guidance-july-2010Download

The guidance aims to ensure a consistent and fair approach across the civil and family courts when dealing with McKenzie Friends. This Practice Guidance is essential in establishing the parameters and responsibilities of McKenzie Friends in court proceedings.

Guidance from the President’s Office- McKenzie Friends

A guidance document was published by the then President of the Family Division in 2005.

pfd-guidance-mckenzie-friendsDownload

The Courts and Tribunal Judiciary list both guidance documents on their McKenzie Friend webpage.

Reforming the courts’ approach to McKenzie Friends

A consultation paper entitled Reforming the courts’ approach to McKenzie Friends was published by the Lord Chief Justice in February 2016.

mf-consultation-paper-feb2016-1Download

A Consultation Response Reforming the courts’ approach to McKenzie Friends was published by the Lord Chief Justice in February 2019

MF-Consultation-LCJ-Response-Final-Feb-2019Download

Notice of McKenzie Friend

Here is a an example Notice of McKenzie friend which should be completed and handed to the usher before the hearing starts. If you are attending a remote hearing, then you should email the court before the start of the hearing.

notice_of_mckenzie_friendDownload

There is no legal requirement to share this form with the other party (Family or Civil Proceedings).

(2) Paragraph (1) applies to any communication in which any representation is made to the court on a matter of substance or procedure but does not apply to communications that are purely routine, uncontentious and administrative.

FAMILY PROCEDURE RULE 5.7 – PART 5: FORMS, START OF PROCEEDINGS AND COMMUNICATION WITH THE COURT

This practice direction supplements Part 5 of the Family Procedure Rules 2010

1. Rule 5.7(1) FPR 2010 makes provision in relation to the requirement to disclose and, if in writing, to copy any communication with the court to the other parties or their representatives. Exceptions to the requirement are specified in rule 5.7(2), (3) and (7) FPR 2010. This practice direction supplements rule 5.7(7) FPR 2010.

FAMILY PRACTICE DIRECTION 5C – COMMUNICATIONS WITH THE COURT

Court Refusal of the Request for Assistance from a McKenzie Friend

The purpose of allowing a litigant in person the assistance of a McKenzie friend is to further the interests of justice by achieving a level playing field and ensuring a fair hearing.

We endorse the proposition that the presumption in favour of allowing a litigant in person the assistance of a McKenzie friend is very strong, and that such a request should only be refused for compelling reasons.

Furthermore, should a judge identify such reasons, (s)he must explain them carefully and fully to both the litigant in person and the would-be McKenzie friend.

[2005] EWCA Civ 759 – LORD JUSTICE THORPE and LORD JUSTICE WALL

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ULEZ Bag Crime ?

Ulez Ultra Low Emission Zone Crime

ULEZ is London Mayor Sadiq Khan’s much-hated and deeply unpopular road charge, which has seen protests, violence and vandalism (criminal damage) throughout Greater London.

The ULEZ scheme was expanded to cover all of Greater London on Tuesday 29th August 2023. Ulez charges (fines) older, more polluting vehicles £12.50 a day and is currently the largest clean air zone in the world.

The Ultra Low Emission Zone (ULEZ) operates 24 hours a day, 7 days a week, every day of the year, except Christmas Day (25th December). The zone operates across all London boroughs, and does not include the M25.

At least a quarter of the cameras in London’s newly expanded Ultra Low Emission Zone have been damaged by vandals, new data reveals.

Campaigners this week have stepped up efforts to deface the cameras installed in wake of mayor Sadiq Khan’s controversial extension of the scheme, which is now clobbering thousands more drivers with £12.50 a day charges.

ULEZ vandals damage ‘a quarter of all new cameras in expansion zone’ amid backlash over Sadiq Khan’s ultra-low emissions scheme – Daily Mail 1st September 2023

Is putting a bag over a ULEZ camera criminal damage or harmless civil disobedience ?

The Crown Prosecution Service (CPS) publish legal guidance on Criminal Damage.

What is Criminal Damage ?

The Criminal Damage Act 1971 (CDA 1971) is the primary source of offences involving damage to property.

Section 1(1) CDA 1971 – A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged, shall be guilty of an offence.

This offence is triable either way – para. 29, Schedule 1 Magistrates’ Court Act 1980 (MCA 1980).The maximum penalty is 10 years imprisonment – Section 4 CDA 1971.

What is the Meaning of Property ?

Property” in the Criminal Damage Act 1971 (CDA 1971) means property of a tangible nature, whether real or personal. – Section 10.

The CDA 1971 requires proof that tangible property has been damaged, not necessarily that the damage itself should be tangible. Property does not however include intangibles or things in action.

What is Damage ?

Damage is not defined by the Criminal Damage Act 1971 (CDA 1971).

It should be widely interpreted to include not only permanent or temporary physical harm, but also permanent or temporary impairment of value or usefulness – Morphitis v. Salmon [1990] Crim.L.R. 48.

Any alteration to the physical nature of the property concerned may amount to damage within the meaning of the section.

The courts have construed the term liberally and included damage that is not permanent such as smearing mud on the walls of a police cell.

Where the interference amounts to an impairment of the value or usefulness of the property to the owner, then the necessary damage is established – R v Whiteley [1991] 93 Crim. App. R. 25.

Mens Rea

Mens Rea refers to criminal intent. The literal translation from Latin is “guilty mind.” The plural of mens rea is mentes reae. Mens rea​ is the state of mind statutorily required in order to convict a particular defendant of a particular crime. Establishing the mens rea of an offender, in addition to the actus reus (physical elements of the crime) is usually necessary to prove guilt in a criminal trial.

Cornell Law School

Without Lawful Excuse

Section 5 of the CDA 1971 sets out a defence to criminal damage charges, though not to aggravated criminal damage under s.1(2) – see s.5(1) CDA 1971. A person has a lawful excuse if

  • they believed at the time that those whom they believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if they had known of the destruction or damage and its circumstances; or
  • at the time of the act or acts alleged to constitute the offence they believed:
    • that the property, right or interest was in immediate need of protection; and
    • that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances.

Tried Summarily

The provisions of s. 22 and Schedule 2 Magistrates’ Courts Act 1980 (MCA) deal with the determination of mode of trial for those offences, referred to as “scheduled offences” that are mentioned in the first column of Schedule 2 MCA 1980.

Where a person is charged with an offence contrary to s.1(1) CDA 1971 or with aiding, abetting, counselling or procuring such an offence, or with attempting to commit, or inciting such an offence, and the value involved is less than £5,000, they must be tried summarily.

Tried summarily is an offence that can be tried only in a magistrates’ court.

It is important to note that there are two exceptions set out in Schedule 2 where the offence will be triable either way even if the value of the destroyed property or damage amounts to less than £5000. These are:

  • if the damage was caused by fire (the offence will be arson – see below); and
  • if the damage was done to a memorial on or after 28 June 2022.

Civil Disobedience on Conscientious Grounds

The common law has always been sensitive to the position of protesters when it comes to both prosecution and sentencing.

“My Lords, civil disobedience on conscientious grounds has a long and honourable history in this country.

People who break the law to affirm their belief in the injustice of a law or government action are sometimes vindicated by history.

The suffragettes are an example which comes immediately to mind. It is the mark of a civilised community that it can accommodate protests and demonstrations of this kind.

But there are conventions which are generally accepted by the law-breakers on one side and the law-enforcers on the other.

The protesters behave with a sense of proportion and do not cause excessive damage or inconvenience. And they vouch the sincerity of their beliefs by accepting the penalties imposed by the law.

The police and prosecutors, on the other hand, behave with restraint and the magistrates impose sentences which take the conscientious motives of the protesters into account.

The conditional discharges ordered by the magistrates in the cases which came before them exemplifies their sensitivity to these conventions.”

Lord Hoffmann – R v Jones (Margaret) [2007] 1 AC 161 at [89]:

Is putting a bag over a ULEZ camera criminal damage ?

I am not a lawyer and this is purely my opinion of the Criminal Damage Act 1971. This is not legal advice ! I am not condoning or encouraging any form of criminal behaviour or civil disobedience.

  • Putting a bag over a ULEZ camera would be a temporary impairment of usefulness – Morphitis v. Salmon [1990] Crim.L.R. 48 and would therefore be classed as damage. This would be the Actus Reus (physical elements of the crime)
  • The Mens Rea would be to render the camera unable to carry out it’s function.
  • The damage would be less than £5000 so if prosecuted, it would be tried summarily in a magistrates’ court.
  • Civil disobedience on conscientious grounds has a long and honourable history in this country. The police and prosecutors should behave with restraint and the magistrates impose sentences which take the conscientious motives of the protesters into account.

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