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.
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.
His Honour Judge Michael Slater, fell asleep during a trial and was subsequently investigated by the Judicial Conduct Investigations Office who issued a disciplinary statement on the 29th August 2023.
HHJ Michael Slater, a barrister, was appointed to be a circuit judge in November 2016 and deployed to the north eastern circuit, based at Sheffield Combined Court.
The Lord Chief Justice, with the Lord Chancellor’s agreement, has issued His Honour Judge Michael Slater with formal advice for misconduct after he was found to have fallen asleep in court during a hearing.
The Guide to Judicial Conduct reminds judges that they are expected to display diligence and care in the discharge of their duties. Judges are expected to ensure that their conduct maintains and enhances public confidence in the judiciary.
Following an investigation carried out under the Judicial Conduct (Judicial and other office holders) Rules 2014, a nominated judge found that HHJ Slater’s behaviour amounted to misconduct and recommended that he should be issued with formal advice.
In making their recommendation, the nominated judge took into account that HHJ Slater had accepted the allegation and apologised, that he was under a great deal of pressure dealing with an unremitting workload, and that his actions had not derailed the trial. They also took into account that HHJ Slater addressed the matter with parties in court and offered them a retrial, though neither party chose to take this up.
Having considered the facts of the case, the Lord Chief Justice and Lord Chancellor agreed with the nominated judge that HHJ Slater’s actions amounted to judicial misconduct and that the appropriate disciplinary sanction is formal advice.
According to a Law Gazette article Judge with ‘unremitting workload’ fell asleep during trial published on the 30th August 2023, HHJ Slater fell asleep during a trial. No details were given by the JCIO of what the case was about, when it was heard or for how long the judge fell asleep.
Forensic science is a cornerstone of modern criminal justice, providing critical evidence that can make or break a case. However, the reliability and accuracy of… Read more: What is the Forensic Science Regulator ?
The Criminal Cases Review Commission (CCRC) stands as a vital institution within the criminal justice system, dedicated to investigating potential miscarriages of justice. Established in… Read more: What is the Criminal Cases Review Commission ?
The Independent Office for Police Conduct (IOPC) undertake regular surveys to assess the public’s perceptions of the police, as well as their confidence in the… Read more: Police Public Confidence and Engagement
Libel and slander are both forms of defamation, which involve making a false statement about someone that damages their reputation.
Libel is a defamatory statement that is written. Slander is a defamatory statement that is oral.
In the United Kingdom, the laws around libel and slander are governed by the Defamation Act 2013 which replaced the previous common law rules on defamation.
Defamation Act 2013
The Defamation Act 2013 defines defamation as a statement that “causes or is likely to cause serious harm to the reputation of the claimant”. It also sets out the criteria for what constitutes a defamatory statement, including whether the statement would lower the claimant in the estimation of right-thinking members of society or whether it would cause the claimant to be shunned or avoided.
Under the Defamation Act 2013, a claimant has to show that the statement was published to a third party and that it referred to them directly or indirectly. The statement must also be shown to be false, unless it is a statement of opinion, in which case the defence of honest opinion may be used.
One of the key changes introduced by the Defamation Act 2013 was the introduction of a new defence of “truth”. If a defendant can prove that the statement is true, they will not be liable for defamation. The Act also introduced a defence of “honest opinion”, which can be used if the statement was a genuine expression of opinion, based on true facts, and was not malicious.
Another important change introduced by the Defamation Act 2013 was the requirement for claimants to show that they had suffered “serious harm” as a result of the defamatory statement. This was intended to prevent trivial claims from clogging up the courts and to ensure that claimants only pursued cases where there was a genuine loss.
Defamation
The role of solicitors and barristers in defamation cases is crucial. A solicitor will typically be the first point of contact for a potential claimant, and will assess the strength of their case and advise on whether it is worth pursuing. They will also be responsible for drafting the claim form and other legal documents, and for liaising with the defendant’s legal team.
The law says that the victim of libel or slander has just 12 months from the date of publication of the libellous or slanderous statement to start Court proceedings. The 12 month time limit can be varied in some circumstances.
Once the claim has been filed, the case will usually be heard in the High Court, although smaller cases may be heard in the County Court. In some cases, the parties may be able to reach a settlement before the case goes to court, but if the case proceeds to trial, a barrister will typically be instructed to represent the claimant.
Barristers are specialist advocates who are trained in the law and court procedure. They will provide advice on the strength of the case, draft legal arguments and represent the claimant in court. Barristers will also cross-examine witnesses and make closing submissions to the judge or jury.
Defendants in defamation cases will also typically be represented by a solicitor and barrister. Their role will be to defend the claim and argue that the statement was not defamatory, or that a defence applies. The defendant may also bring a counter-claim if they believe that the claimant has defamed them.
One important aspect of defamation law in the UK is the ability to apply for an injunction to prevent the publication of defamatory material. This is known as a “gagging order” and can be used to prevent a defendant from publishing further defamatory material, or to prevent the publication of material that has already been produced.
The role of the court in defamation cases is to balance the right to freedom of expression against the right to protect one’s reputation. The court will consider a range of factors, including the seriousness of the defamatory statement, the context in which it was made, the audience it was intended for, and whether the statement was made in the public interest.
Human Rights Act
The Human Rights Act 1998 (HRA) is an important piece of legislation in the UK that incorporates the European Convention on Human Rights (ECHR) into domestic law. The HRA has had a significant impact on defamation law in the UK, particularly in relation to the right to freedom of expression.
Under the HRA, individuals have the right to freedom of expression, which includes the freedom to hold opinions and to receive and impart information and ideas. However, this right is not absolute, and can be subject to restrictions that are necessary in a democratic society.
In defamation cases, the HRA has been used to strike a balance between the right to freedom of expression and the right to protect one’s reputation. The courts have recognised that freedom of expression is a fundamental right, but have also recognised that defamatory statements can have a serious impact on an individual’s reputation and can restrict their right to respect for private life under Article 8 of the ECHR.
In some cases, the HRA has been used to strengthen the defences available to defendants in defamation cases. For example, in the case ofReynolds v Times Newspapers Ltd [1999], the House of Lords (now the Supreme Court) developed a new defence of “responsible journalism” based on the right to freedom of expression under the HRA. The defence applies where a publication is on a matter of public interest, the publisher has taken reasonable steps to verify the information, and the publication is in the public interest.
Similarly, in the case of Jameel v Wall Street Journal Europe SPRL [2006], the Court of Appeal (Civil Division) held that the right to freedom of expression under the HRA required a high threshold for proving “serious harm” in defamation cases, and that a claimant must show that the publication had caused or was likely to cause “serious harm” to their reputation.
The HRA has also had an impact on the remedies available in defamation cases. Under Article 10 of the ECHR, individuals have the right to seek a remedy for a violation of their right to freedom of expression. This means that claimants in defamation cases can seek a range of remedies, including damages, injunctions, and apologies.
The Human Rights Act has had a significant impact on defamation law in the UK, particularly in relation to the right to freedom of expression.
The Act has been used to strike a balance between the right to freedom of expression and the right to protect one’s reputation, and has led to the development of new defences and a high threshold for proving “serious harm”.
The Act has also had an impact on the remedies available in defamation cases, and has reinforced the importance of the right to seek a remedy for a violation of the right to freedom of expression.
The law around libel and slander in the UK is complex, but is governed by the Defamation Act 2013. The Act introduced important changes, including a requirement for claimants to show “serious harm”, new defences of “truth” and “honest opinion”, and the ability to apply for an injunction to prevent the publication of defamatory material.
It is worth noting that the internet and social media have had a significant impact on defamation law in recent years.
Online platforms have made it easier for defamatory material to be published and shared, and have made it more difficult for individuals to protect their reputation.
However, the same principles of defamation law apply online as they do offline, and individuals can still take legal action to protect their reputation.
In addition, the Defamation Act 2013 introduced new provisions to address the issue of online defamation.
These include a new defence of publication on a matter of public interest, which can be used if the statement was published in the public interest and the defendant reasonably believed it to be true.
Overall, libel and slander remain important areas of law in the UK, and individuals and organisations need to be aware of their rights and responsibilities when it comes to protecting their reputation or defending against defamatory statements.
Forensic science is a cornerstone of modern criminal justice, providing critical evidence that can make or break a case. However, the reliability and accuracy of… Read more: What is the Forensic Science Regulator ?
The Criminal Cases Review Commission (CCRC) stands as a vital institution within the criminal justice system, dedicated to investigating potential miscarriages of justice. Established in… Read more: What is the Criminal Cases Review Commission ?
The Independent Office for Police Conduct (IOPC) undertake regular surveys to assess the public’s perceptions of the police, as well as their confidence in the… Read more: Police Public Confidence and Engagement
The National Security Online Information Team (NSOIT) at the Department for Science, Innovation and Technology was allegedly established to bring together cross-government monitoring and analysis capabilities. The National Security Online Information Team (NSOIT) was previously known as the Counter Disinformation Unit (CDU).
It is often said that when a government decides what information is to be disseminated to the people, the institution of government is no longer for the people but for its own self-preservation. The 1949 George Orwell novel Nineteen Eighty Four (1984) had a fictional Ministry of Truth.
On the 3rd June 2023 The Telegraph published an article Elon Musk joins backlash over secret unit curbing lockdown dissent and states “The billionaire Twitter owner condemned the ‘terrible’ tactics used by the Government during the pandemic, as revealed by the Telegraph”
Molly Kingsley published the following Tweet on the 3rd June 2023 containing evidence of government censorship following a Subject Access Request (SAR) to the CDU at the DCMS.
Following the @Telegraph news story today on censorship, the attached photos are the list of my articles, tweets and comments flagged by the Counter Disinformation Unit as potential ‘disinformation’.
It starts in 2020, continues throughout 2021 and into 2022 and even 2023, and… pic.twitter.com/vpPVEdqMkQ
Is the following evidence of Disinformation by the Counter Disinformation Unit or an MP ?2019 v 2020 ?
The Counter Disinformation Unit (CDU) was first set up within the Department for Digital, Culture, Media and Sport in 2019 and it has since responded to periods of acute disinformation risk including Covid-19.
Lucy Powell who is the Labour MP for Manchester South tabled (UIN 98962) the following parliamentary question on the 6th January 2022
To ask the Secretary of State for Digital, Culture, Media and Sport, whether the cross-Whitehall unit to counter disinformation on covid-19 is operating as of 6 January 2022; how many staff working as part of that unit there are in the (a) Department for Digital, Culture, Media and Sport, (b) Home Office (c) Foreign, Commonwealth and Development Office, (d) Cabinet Office and (e) Ministry of Defence; and whether the number of staff in each team has increased or decreased since that unit was established in March 2020.
Chris Philp who is the Conservative MP for Croydon South replied on the 11th January 2022.
The Cross-Whitehall Counter Disinformation Unit (CDU) was established on 5 March 2020, bringing together cross-government monitoring and analysis capabilities. As of 7 January 2022 the CDU is still fully operational.
Addressing the challenges of disinformation and misinformation is a whole of the government effort. The CDU is resourced full time and works in close partnership with cross-government teams. In response to the COVID-19 pandemic, the size of the team in DCMS has increased. Requirements are continually reviewed to ensure appropriate levels of resourcing, including surge capacity as needed.
When false narratives are identified, the CDU coordinates departments across Whitehall to deploy the appropriate response. This can include a direct rebuttal on social media, flagging content to platforms and ensuring public health campaigns are promoted through reliable sources.
Forensic science is a cornerstone of modern criminal justice, providing critical evidence that can make or break a case. However, the reliability and accuracy of… Read more: What is the Forensic Science Regulator ?
The Criminal Cases Review Commission (CCRC) stands as a vital institution within the criminal justice system, dedicated to investigating potential miscarriages of justice. Established in… Read more: What is the Criminal Cases Review Commission ?
The Independent Office for Police Conduct (IOPC) undertake regular surveys to assess the public’s perceptions of the police, as well as their confidence in the… Read more: Police Public Confidence and Engagement
The Data Protection Act 2018 (DPA) is a law that sets out rules and regulations regarding the use, storage, and sharing of personal data in the United Kingdom (UK).
The Data Protection Act 2018 was introduced to replace the Data Protection Act 1998, and it incorporates the General Data Protection Regulation (GDPR), which is a European Union (EU) regulation that governs data protection across the EU.
In this article, we explore the key features of the DPA and how it relates to GDPR, the role of the Data Protection Officer (DPO), how to make a Subject Access Report (SAR) and data protection complaint to an organisation.
Key Features of the Data Protection Act 2018
The Data Protection Act is a comprehensive piece of legislation that covers all aspects of data protection in the UK. Some of the key features of the DPA include:
Data protection principles: The DPA sets out six data protection principles that organisations must follow when processing personal data. These principles include fairness, lawfulness, transparency, accuracy, storage limitation, and accountability.
Lawful basis for processing: The DPA requires organisations to have a lawful basis for processing personal data. These include consent, contract, legal obligation, vital interests, public interest, and legitimate interests.
Rights of data subjects: The DPA gives individuals the right to access their personal data, request the erasure of their data, and object to the processing of their data. It also gives individuals the right to data portability, which means they can request their data in a portable format.
Data protection officers: The DPA requires certain organisations to appoint a data protection officer (DPO) to oversee their data protection activities.
Data breaches: The DPA requires organisations to report certain types of data breaches to the Information Commissioner’s Office (ICO) within 72 hours of becoming aware of the breach.
Enforcement: The DPA gives the ICO the power to issue fines of up to £17.5 million or 4% of an organization’s global turnover for serious breaches of data protection law.
How the Data Protection Act relates to the GDPR
The DPA incorporates the GDPR into UK law. This means that organisations in the UK must comply with both the DPA and the GDPR. Some of the key ways in which the DPA relates to the GDPR include:
Data protection principles: The data protection principles in the DPA are based on the principles set out in the GDPR. This means that organisations must follow the same principles when processing personal data, regardless of whether they are subject to the DPA or the GDPR.
Lawful basis for processing: The lawful bases for processing personal data in the DPA are based on the lawful bases set out in the GDPR. This means that organisations must have a lawful basis for processing personal data under both the DPA and the GDPR.
Rights of data subjects: The rights of data subjects in the DPA are based on the rights set out in the GDPR. This means that individuals in the UK have the same rights to access their personal data, request the erasure of their data, and object to the processing of their data as individuals in the EU.
Data protection officers: The requirements for appointing a data protection officer in the DPA are based on the requirements set out in the GDPR. This means that organisations in the UK must appoint a DPO if they meet the same criteria as organisations in the EU.
Data breaches: The requirements for reporting data breaches in the DPA are based on the requirements set out in the GDPR. This means that organisations in the UK must report certain types of data breaches to the ICO within 72 hours of becoming aware of the breach, just as organisations in the EU must report certain types of data breaches to their supervisory authority.
Enforcement: The enforcement provisions in the DPA are based on the enforcement provisions set out in the GDPR. This means that the ICO has the power to issue fines of up to £17.5 million or 4% of an organisation’s global turnover for serious breaches of data protection law, just as supervisory authorities in the EU have the power to issue fines under the GDPR.
The ICO Guide to the UK GDPR is part of their Guide to Data Protection and is a must read to fully understand Data Protection and GDPR. The ICO is the UK’s independent body set up to uphold information rights.
Data Protection Officer (DPO)
The primary role of the Data Protection Officer (DPO) is to ensure that there organisation processes the personal data of its staff, customers, providers or any other individuals (also referred to as data subjects) in compliance with the applicable data protection rules.
The UK GDPR introduces a duty for you to appoint a data protection officer (DPO) if you are a public authority or body, or if you carry out certain types of processing activities.
DPOs assist you to monitor internal compliance, inform and advise on your data protection obligations, provide advice regarding Data Protection Impact Assessments (DPIAs) and act as a contact point for data subjects and the Information Commissioner’s Office (ICO).
The DPO must be independent, an expert in data protection, adequately resourced, and report to the highest management level.
A DPO can be an existing employee or externally appointed.
In some cases several organisations can appoint a single DPO between them.
DPOs can help you demonstrate compliance and are part of the enhanced focus on accountability.
One of the key rights that individuals have under the DPA and the GDPR is the right to access their personal data. This means that individuals can request a copy of the personal data that an organisation holds about them.
Individuals have the right to access and receive a copy of their personal data, and other supplementary information.
This is commonly referred to as a subject access request or ‘SAR’.
Individuals can make SARs verbally or in writing, including via social media.
A third party can also make a SAR on behalf of another person.
In most circumstances, you cannot charge a fee to deal with a request.
You should respond without delay and within one month of receipt of the request.
You may extend the time limit by a further two months if the request is complex or if you receive a number of requests from the individual.
You should perform a reasonable search for the requested information.
You should provide the information in an accessible, concise and intelligible format.
The information should be disclosed securely.
You can only refuse to provide the information if an exemption or restriction applies, or if the request is manifestly unfounded or excessive.
To make a Subject Access Request (SAR), individuals should follow these steps:
Identify the organisation: The first step is to identify the organisation that holds your personal data. This could be your employer, your bank, your healthcare provider, or any other organisation that you have interacted with.
Make a request: Once you have identified the organisation, you should make a subject access request. You can do this by writing to the organisation or filling in a subject access request form, if they have one.
Provide identification: The organisation will need to verify your identity before they can provide you with a copy of your personal data. They may ask for a copy of your passport, driving license, or other form of identification.
Wait for a response: The organisation has 30 days to respond to your subject access request. They may ask for more information or clarification if they need it.
Receive your personal data: Once the organisation has verified your identity and processed your request, they will provide you with a copy of your personal data. This may be in electronic or paper form, depending on how the organisation stores your data.
Review your personal data: Once you have received your personal data, you should review it to ensure that it is accurate and up-to-date. If you find any errors or inaccuracies, you can request that the organisation corrects them.
Make a data protection complaint to an organisation
You can complain to an organisation about how it is handling yours or other people’s information; if it:
has not properly responded to your request for your personal information;
is not keeping information secure;
holds inaccurate information about you;
has disclosed information about you;
is keeping information about you for longer than is necessary;
has collected information for one reason and is using it for something else; or
In conclusion, the Data Protection Act 2018 is a crucial piece of legislation that sets out the rules and regulations governing data protection in the UK. The DPA incorporates the GDPR into UK law, which means that organisations in the UK must comply with both the DPA and the GDPR.
One of the key rights that individuals have under the DPA and the GDPR is the right to access their personal data. To make a subject access request, individuals should follow the steps outlined above. By following the rules and regulations set out in the DPA and the GDPR, organisations can ensure that they protect the personal data of their customers, employees, and stakeholders.
Bar Standards Board JusticeAuditing BritainThe Secret BarristerJustice SystemSussex Police and the High SheriffDodgy Judges
Forensic science is a cornerstone of modern criminal justice, providing critical evidence that can make or break a case. However, the reliability and accuracy of… Read more: What is the Forensic Science Regulator ?
The Criminal Cases Review Commission (CCRC) stands as a vital institution within the criminal justice system, dedicated to investigating potential miscarriages of justice. Established in… Read more: What is the Criminal Cases Review Commission ?
The Independent Office for Police Conduct (IOPC) undertake regular surveys to assess the public’s perceptions of the police, as well as their confidence in the… Read more: Police Public Confidence and Engagement
The Ministry of Injustice have a number of domains names that can be used to access the MOI and other websites.
All domains are used for a lawful purpose in line with the relevant domain registry rules. The domains are clearly not being used to commit fraud or deceive the public.
A few of the MOI domain names have recently been temporarily suspended by Nominet and then reactivated having followed their verification process.
I am told suspension is “Something you are just going to have to live with”.
Freedom of expression
1 Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2 The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Rules of Registration – The rules for the registration and use of domain names within the .UK domain and its sub-domains. These rules form part of our Terms & Conditions of Domain Name Registration and are part of the Registrant’s contract with Nominet.
Forensic science is a cornerstone of modern criminal justice, providing critical evidence that can make or break a case. However, the reliability and accuracy of… Read more: What is the Forensic Science Regulator ?
The Criminal Cases Review Commission (CCRC) stands as a vital institution within the criminal justice system, dedicated to investigating potential miscarriages of justice. Established in… Read more: What is the Criminal Cases Review Commission ?
The Independent Office for Police Conduct (IOPC) undertake regular surveys to assess the public’s perceptions of the police, as well as their confidence in the… Read more: Police Public Confidence and Engagement
On the 4th July 2023 at 9.30am a McKenzie Friend and I went through “strict” airport style security at Horsham County Court in Hurst Rd, Horsham RH12 2ET.
Horsham County Court Entrance
Pockets were emptied into a tray and my laptop bag was searched by a Security guard using a torch taped to a ruler. Very unusual apparatus operated by a security guard in a shirt that was once white !
Horsham County Court Security and Staff Smoking Area
One of the Security guards was obviously under pressure to secure the Court building as he was regularly going outside for a smoke !
Hats on Security at Horsham County Court
Inadvertently I left my Eurostar hat on (as pictured) and I wore it during the security screening including going through the airport style metal detector.
At no time was I asked to remove the hat nor was it scanned using the handheld scanner. The CCTV from the Court building, if working, would confirm this. I could request this footage from the Court by submitting a Subject Access Request.
You’ll go through a security check, like you would at an airport. This may include:
emptying your pockets into a tray
taking off your shoes, coat, gloves or hat
being asked to take off or open your belt
walking through an archway detector
being checked by hand or with a handheld scanner
If you’re wearing a head covering for religious or cultural reasons, you can ask for it to be checked with a handheld scanner so you do not have to take it off.
In my opinion, the Security staff at Horsham County Court failed to do their job properly. I do not think a Eurostar hat could ever be classed as a head covering for religious or cultural reasons !
At Horsham County Court it seems that you can leave your hat on !
Horsham County Court Royal Coat of Arms
Horsham County Court Literature
There were a number of leaflet holders in the waiting area that were empty apart from a leaflet about “Restorative Justice For You” and one containing a Mars Bar Wrapper that has been there for at least 3 months !
Restorative Justice For You – Sussex Criminal Justice Board
Are the Sussex Criminal Justice Board as dodgy as the Sussex Family Justice Board ? The MOI will be investigating for a future article.
Horsham County Court Security Review
Horsham County Court Security staff made regular security patrols which was very reassuring. I am aware there were VIP’s in the building including my mentor DDJ Mills !
They used a phone to scan targets that were a circle with a cross hand drawn with a black sharpie on a Tipp-Ex background. Improvisation that rivals the skills of MacGyver.
I couldn’t help but notice that there was a lot of network cables in trunking attached to the ceiling that were secured with red cable ties. This is assumed to be for a secure network, however there were gaps in the trunking and the cables were exposed where they entered the wall. No doubt the Ministry of Justice/HMCTS IT will want to review this as a security risk.
In summary :-
Horsham Security should review their Airport Style security. Can you leave your hat on ?
Improve the appearance of their security staff.
Horsham Court staff or the Ministry of Justice/HMCTS should review their smoking policy on Court premises.
MoJ/HMCTS IT to review the secure cabling.
I will back to Horsham County Court in October 2023 to review again.
You may be interested in the article about the Royal Courts of Justice which explains Court security and spoons !
Forensic science is a cornerstone of modern criminal justice, providing critical evidence that can make or break a case. However, the reliability and accuracy of… Read more: What is the Forensic Science Regulator ?
The Criminal Cases Review Commission (CCRC) stands as a vital institution within the criminal justice system, dedicated to investigating potential miscarriages of justice. Established in… Read more: What is the Criminal Cases Review Commission ?
The Independent Office for Police Conduct (IOPC) undertake regular surveys to assess the public’s perceptions of the police, as well as their confidence in the… Read more: Police Public Confidence and Engagement
His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) independently assesses and reports, in the public interest, on the effectiveness and efficiency of police forces and fire & rescue services.
“Promoting improvements in policing and fire & rescue services to make everyone safer”
HMICFRS ask the questions that they believe the public wish to have answered, and publish their findings, conclusions and recommendations. HMICFRS use their expertise to interpret the evidence and make recommendations for improvement.
Police and crime commissioners are required to publish their comments on each HMICFRS report within 56 days of its publication, and must include an explanation of the steps to be taken in response to each HMICFRS recommendation or an explanation of why no action has been or is to be taken in that respect.
HMICFRS provide authoritative information to allow the public to compare the performance of their police force and fire & rescue service against others. HMICFRS also routinely monitor the performance of police forces in England and Wales.
HMICFRS inspects across England, Wales and Northern Ireland.
HMICFRS also inspect law enforcement arrangements in British Overseas Territories and Crown Dependencies, on invitation from the relevant government, as well as non-territorial services, specialist agencies and international police forces.
For over 160 years, His Majesty’s Inspectorate of Constabulary (HMIC) independently inspected and reported on the efficiency and effectiveness of police forces.
In the summer of 2017 HMIC took on the inspections of England’s fire and rescue services, inspecting and reporting on their efficiency, effectiveness and people.
To reflect this new role, HMIC changed their name to HM Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS).
Public Interest
HMICFRS Police Inspections :-
HMICFRS’s annual inspection programme and framework for police forces in England and Wales is subject to the approval of the Home Secretary under the Police Act 1996.
The Home Secretary may also require HMICFRS to carry out further inspections of police forces, beyond the terms of the annual inspection programme. Local policing bodies may commission HMICFRS to do inspections in their force areas, although HMICFRS is not required to accept any such commission.
In devising its policing inspection programme and framework for the Home Secretary’s approval, HMICFRS considers the risks to the public, service quality, public concerns, the operating environment, the effect which inspection may have on a force, and the benefits to the public of improvements which may follow inspection.
HMICFRS may also carry out inspections of police forces on its own initiative if it considers that the performance or circumstances of a force merit it.
The Fire and Rescue Services Act 2004 provides that HMICFRS will inspect and report on the efficiency and effectiveness of fire & rescue authorities in England.
HMICFRS’s inspection programme and framework for fire and rescue authorities in England is subject to the approval of the Home Secretary.
The Home Secretary may also require HMICFRS to carry out further inspections of any or all fire and rescue services in England.
In its inspections, HMICFRS focuses on the efficiency and effectiveness of each English fire and rescue authority and how well it looks after its people. HMICFRS may also on its own initiative carry out an inspection not in its inspection programme and framework if it considers that the performance or circumstances of the fire and rescue authority merit it.
HMICFRS is an inspectorate, not a regulator. Inspectorates have powers to secure information, but no powers to give orders for change. Recommendations are not orders.
Regulators, on the other hand, have powers of intervention, direction and enforcement.
It is for chief constables (whose operational independence is a cornerstone of British policing), police and crime commissioners (with powers to set local priorities and budgets) and, in extreme cases, the Home Secretary (who has ultimate democratic responsibility for policing) to take action as a result of HMICFRS’s recommendations. The same applies to the fire & rescue service itself, and the fire & rescue authorities.
Forensic science is a cornerstone of modern criminal justice, providing critical evidence that can make or break a case. However, the reliability and accuracy of… Read more: What is the Forensic Science Regulator ?
The Criminal Cases Review Commission (CCRC) stands as a vital institution within the criminal justice system, dedicated to investigating potential miscarriages of justice. Established in… Read more: What is the Criminal Cases Review Commission ?
The Independent Office for Police Conduct (IOPC) undertake regular surveys to assess the public’s perceptions of the police, as well as their confidence in the… Read more: Police Public Confidence and Engagement
The Royal Coat of Arms appear in every courtroom in England and Wales (with the exception of the Magistrates’ court in the City of London*), to demonstrate that justice comes from the monarch and that a law court is part of the Royal Court.
The presence of the Royal Arms explains why lawyers and court officials bow to the judge or magistrates’ bench when they enter the room. They aren’t bowing to the judge – they are bowing to the coat of arms, to show respect for the King’s justice.
You may see some people bow to the judge or magistrate when they walk in or out of the hearing room. You don’t have to do this, but you can if you want to.
Forensic science is a cornerstone of modern criminal justice, providing critical evidence that can make or break a case. However, the reliability and accuracy of… Read more: What is the Forensic Science Regulator ?
The Criminal Cases Review Commission (CCRC) stands as a vital institution within the criminal justice system, dedicated to investigating potential miscarriages of justice. Established in… Read more: What is the Criminal Cases Review Commission ?
The Independent Office for Police Conduct (IOPC) undertake regular surveys to assess the public’s perceptions of the police, as well as their confidence in the… Read more: Police Public Confidence and Engagement
The Lord Chief Justice is the most senior judge in England and Wales, and is responsible for the administration of justice. Since the 1st October 2023 Dame Sue Carr is the first Lady Chief Justice of England and Wales.
The role of The Lord 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 Lord Chief Justice plays a significant role in upholding the rule of law in England and Wales.
The Lord Chief Justice is also President of all the Courts of England and Wales. The Lord 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 Lord 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.
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.
Former Lord Chief Justice
The former Lord Chief Justice of England and Wales is Ian Duncan Burnett, who has held the position since October 2017.
Ian Burnett was called The Lord Chief Justice of England and Wales – The Right Honourable Lord Burnett of Maldon. In Court he is addressed as My Lord.
Lord Burnett studied law at Pembroke College, Oxford and was called to the Bar in 1980 where he became a pupil and then a member of Temple Garden Chambers. He practised there until May 2008, for the last five years as Head of Chambers.
At the Bar Lord Burnett’s practice was in common law and public law. In the early part of his career he undertook a broad range of common law work including personal injury, professional negligence, landlord and tenant, crime and family law. Thereafter he focussed on public and administrative law, personal injury and health and safety law, including acting as junior counsel to the King’s Cross Fire inquiry and to the inquiry into the convictions of the Guildford Four and Maguire family. He was leading counsel to the inquiry into the Southall rail crash and into train protection systems following the Paddington train crash.
Lord Burnett was Junior Counsel for the Crown, Common Law from 1992 and was appointed as Queen’s Counsel (now King’s Counsel) in 1998.
Lord Burnett’s first judicial role came on his appointment as a Recorder in 1998, in which capacity he sat part-time in the Crown Court trying criminal cases. On his appointment to the High Court in 2008 Lord Burnett joined the Queen’s Bench Division (now King’s Bench Division) hearing civil law and public law cases in the Administrative Court as well as hearing serious criminal matters out of London and sitting in the Court of Appeal, Criminal Division.
Lord Burnett was Presiding Judge of the Western Circuit from 2011 until 2014 when he was appointed to the Court of Appeal. He was also Deputy Chairman of the Security Vetting Appeals Panel. In the Court of Appeal Lord Burnett heard the full range of civil, family and criminal appeals and continued to sit in Divisional Courts of the High Court. Lord Burnett was the judge of the Court of Appeal with responsibility for extradition cases and was also supervising Lord Justice for immigration and public law appeals. He was Vice Chairman of the independent Judicial Appointments Commission from November 2015 until March 2017. He was appointed Lord Chief Justice of England and Wales on 1 October 2017 at the age of 59.
As Lord Chief Justice, Lord Burnett was responsible for overseeing the administration of justice in England and Wales, and for ensuring that the legal system operates fairly and efficiently. He also played 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 Lord Chief Justice, Burnett also served as a member of the Privy Council. He is widely respected for his legal expertise and his commitment to upholding the rule of law, and is regarded as one of the most influential legal figures in the UK today.
Lord Chief Justice Vacancy January 2023
The Judicial Appointments Commission published the following on the 16th January 2023 (updated 1 February 2023)
The Lord Chancellor has asked the Judicial Appointments Commission (JAC) to convene a selection panel to recommend a candidate to fill the position of Lord Chief Justice of England and Wales.
The exercise launched on 30 January 2023, and anyone interested in making an application should contact the JAC’s Head of Senior Appointments and panel secretary, Lisa Grant, for further information on the eligibility and selection criteria and details of the documentation required to make an application. Candidates must submit a “Notice of Intent” to apply for the role by close of 6 February 2023.
Once we receive confirmation of a candidate’s “Notice of Intent” we will provide them with the relevant application forms and details of the required written submission. This part of the process will close on 6 March 2023. Interviews are expected to take place on 21 April 2023.
The role is complex, high profile and demanding, requiring a judge and leader of the highest calibre. Applications are welcome from talented individuals of all backgrounds
If you are interested in making an application and you think you have the requisite evidence to do so, please send an email to lisa.grant@judicialappointments.gov.uk in order to request an information pack.
All enquiries are dealt with in the strictest confidence.
A copy of the candidate information pack can be downloaded here: A copy of the “Notice of intent to apply” form can be downloaded here:
The appointment of the Lord 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.
The Lord 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 Lord 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 Lord 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 Lord Chief Justice is an impartial figure, who must make decisions based solely on the evidence presented in court. This means that the Lord 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 Lord Chief Justice is to oversee the development of the law. The Lord 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 Lord 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 Lord 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.
The Secret BarristerBar Standards Board JusticeAuditing BritainJustice SystemSussex Police and the High SheriffDodgy Judges
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A kangaroo court is a term used to describe a judicial or quasi-judicial proceeding that lacks fairness, impartiality, or due process. It refers to a court that operates outside the boundaries of established legal principles and often serves the interests of those in power rather than providing justice.
Lord Reed observed during the hearing that a judgment which results from an unfair trial is written in water.
The term kangaroo court implies a mockery of justice, where the outcome of the trial or hearing is predetermined, and the rights of the accused are disregarded.
These types of courts are typically characterized by biased judges or decision-makers, a lack of proper legal representation, limited access to evidence or witnesses, and a general absence of procedural fairness.
The name kangaroo court originates from the concept of a kangaroo’s pouch, which symbolizes a place where things are hidden or secret. The term suggests that these courts are secretive and operate without transparency, potentially manipulating proceedings to achieve a desired outcome.
Kangaroo courts can be found in various settings, including authoritarian regimes, corrupt organisations, or even informal gatherings where individuals take it upon themselves to administer a form of justice without proper legal authority or expertise.
It’s important to note that a kangaroo court should not be confused with a legitimate court that may make controversial or unpopular decisions.
A true court of law, although subject to scrutiny, operates within established legal frameworks and respects the principles of fairness and due process.
Is the House of Commons Committee of Privileges a Kangaroo Court ?
Boris Johnson has stated that he believed the House of Commons Committee of Privileges to be a “witch hunt” or “kangaroo” court.
At the end of the session, Sir Charles and Mr Costa asked me a series of questions regarding comments that have been made about the Committee’s work being a “witch hunt” or a “kangaroo court”. Having reviewed the transcript, I am concerned that, at the end of what had been a long hearing, I was not emphatic enough in the answers that I provided. As I hope I made clear in those answers, I have the utmost respect for the integrity of the Committee and all its Members and the work that it is doing.
Their purpose from the beginning has been to find me guilty, regardless of the facts. This is the very definition of a kangaroo court.
The House of Commons Committee of Privileges report summary concluded :-
In light of Mr Johnson’s conduct in committing a further contempt on 9 June 2023, the Committee 7 Matter referred on 21 April 2022 (conduct of Rt Hon Boris Johnson): Final Report now considers that if Mr Johnson were still a Member he should be suspended from the service of the House for 90 days for repeated contempts and for seeking to undermine the parliamentary process, by:
a) Deliberately misleading the House
b) Deliberately misleading the Committee
c) Breaching confidence
d) Impugning the Committee and thereby undermining the democratic process of the House
e) Being complicit in the campaign of abuse and attempted intimidation of the Committee.
We recommend that he should not be entitled to a former Member’s pass.
The Prime Minister sets the standard for all other Ministers of the Crown in how they account to the House of Commons.
Boris may well have been right when he said it was a witch hunt and kangaroo court, because there were people gunning for him over the proroguing of parliament and him removing the whip from 21 MPs that voted against the government before the 2019 general election.
There were scores being settled – but it is his own fault because of the way he constantly broke rules and lied. Then there is his honours list fiasco – knighting his Dad and all his other cronies. One rule for him and all his mates and another for everyone else.
The Rule of Law applies to everyone and especially public servants.
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.
Sussex Police and the High SheriffThe Secret BarristerAuditing BritainDodgy JudgesBar Standards Board JusticeJustice System
Forensic science is a cornerstone of modern criminal justice, providing critical evidence that can make or break a case. However, the reliability and accuracy of… Read more: What is the Forensic Science Regulator ?
The Criminal Cases Review Commission (CCRC) stands as a vital institution within the criminal justice system, dedicated to investigating potential miscarriages of justice. Established in… Read more: What is the Criminal Cases Review Commission ?
The Independent Office for Police Conduct (IOPC) undertake regular surveys to assess the public’s perceptions of the police, as well as their confidence in the… Read more: Police Public Confidence and Engagement
Forensic science is a cornerstone of modern criminal justice, providing critical evidence that can make or break a case. However, the reliability and accuracy of… Read more: What is the Forensic Science Regulator ?
The Criminal Cases Review Commission (CCRC) stands as a vital institution within the criminal justice system, dedicated to investigating potential miscarriages of justice. Established in… Read more: What is the Criminal Cases Review Commission ?
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