Categories
Legal Analysis

Sent an Email to the Wrong Person ?

In a world which relies so heavily on email, mistakes such as sending an email to the wrong person can and often happen.

Sending an email containing personal information to the wrong person could constitute a data breach according to GDPR. Personal data is defined within Article 4(1) GDPR 2018 as being “any information relating to an identified or identifiable natural person”.

GDPR applies to any organisation that operates within the UK, as well as international organisations that provide goods and services to the UK.

You may be interested in the article Can you Email a Judge ?

Misdirected Email

The Information Commissioner’s Office (ICO) have published the article Common data protection mistakes (and how to fix them) and list sending an email to the wrong person as a common mistake.

An email sent to the wrong recipient is also known as a misaddressed email or a misdirected email.

This is easy to do, especially if more than one person in your address book has the same name.

Tools like Autofill predict who you’re emailing when you start typing someone’s name in the ‘To’ field. It’s a quick way to go through your address book. But the few seconds you save by using Autofill could end up costing you a lot more if you send personal data to the wrong person by mistake.

Sending an email to the wrong person

The ICO publish, in my opinion, minimal guidance on what to do to fix this :-

Act quickly. Try to recall the email as soon as possible. If you can’t recall it, contact the person who received it and ask them to delete it. In the future, consider turning off the Autofill tool when sending work emails.

Fix It – Sending an email to the wrong person

In addition to the guidance from the ICO, you should as the sender of the email, immediately contact the Data Protection Officer (DPO) in your organisation so they can assess the data breach and report it to the ICO if necessary.

The ICO has a search page which makes it easy to find organisations and people registered with the Information Commissioner’s Office (ICO) under the Data Protection Act 2018.

Example ICO search results – East Sussex County Council

If you have received an email in error that contains personal information that you suspect may be in breach of GDPR, you may wish to contact the senders DPO as well as the ICO to report the Personal Data Breach (PDB).

What is the 72 Hour Rule ?

Part 3 of the Data Protection Act 2018 introduced a duty on all organisations to report certain types of personal data breach to the Information Commissioner. This must be done within 72 hours of becoming aware of the breach, where this is possible.

The ICO have published the article 72 hours – how to respond to a personal data breach which details the 7 steps to be taken :-

  • Step one: Don’t panic
  • Step two: Start the timer
  • Step three: Find out what’s happened
  • Step four: Try to contain the breach
  • Step five: Assess the risk
  • Step six: If necessary, act to protect those affected
  • Step seven: Submit your report (if needed)

What is a Personal Data Breach

A personal data breach is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This means that a breach is more than just losing personal data.

What is Personal Data ?

Personal data is defined within Article 4(1) GDPR 2018 as being “any information relating to an identified or identifiable natural person”.

The ICO publish the article What is personal information: a guide along with another article What is personal data? which goes into more detail.

What breaches need to be reported to the ICO?

You are legally obliged to notify the ICO of a data breach if it is likely to result in a risk to the rights and freedoms of individuals. If the data breach is left unaddressed would the data breach have a significant detrimental effect on individuals ?

For example:

  • result in discrimination;
  • damage to reputation;
  • financial loss; or
  • loss of confidentiality or any other significant economic or social disadvantage.

In more serious cases, for example those involving victims and witnesses, a personal data breach may cause more significant detrimental effects on individuals.

You have to assess this on a case by case basis and you need to be able to justify your decision to report a breach to the Information Commissioner.  

Personal data breaches – ICO

Review and Remediation

Following the incident, a thorough internal review should be conducted to identify the root cause and implement measures to prevent future occurrences. This may include training, implementing additional security measures, improving data handling protocols, or enhancing email verification systems.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.


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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Law

Malicious Communications Act 1988

The Malicious Communications Act 1988 is a law in the United Kingdom that makes it illegal to send threatening, abusive, or offensive messages to others. The act was introduced in response to growing concerns about the rise of online harassment and abuse, and was designed to provide law enforcement with the tools they need to prosecute those who engage in such behaviour.

Section 1 of the Malicious Communications Act 1988 makes it an offense to send a message that is “indecent or grossly offensive,” “threatening,” or “false” with the intent to cause distress or anxiety to the recipient. This includes messages sent through social media, text messages, emails, and other electronic communications.

Section 1A of the act was added in 2015, and makes it an offense to send a communication that is “grossly offensive” or “of an indecent, obscene or menacing character” with the intent to cause “distress or anxiety” to the recipient, or with the knowledge that it is likely to do so.

The act was also amended in 2020 and 2022.

The act also includes provisions that allow law enforcement to seize and search electronic devices, such as computers and smartphones, if they believe they contain evidence related to a malicious communications offense.

In recent years, there has been growing concern about the use of social media and other online platforms to harass and abuse others.

The CPS publish guidance Social Media and other Electronic Communications

The Malicious Communications Act 1988 has been used to prosecute a number of high-profile cases, including the case of Isabella Sorley and John Nimmo, who were both sentenced to jail time in 2014 for sending abusive tweets to feminist campaigner Caroline Criado-Perez.

Critics of the act have argued that it is too broad and could be used to stifle free speech. They also argue that the act is often used to prosecute individuals for relatively minor offenses, such as sending offensive jokes or memes, rather than more serious cases of harassment and abuse.

Despite these criticisms, the act remains an important tool for law enforcement in the fight against online harassment and abuse. It sends a clear message that such behavior will not be tolerated, and provides a legal framework for prosecuting those who engage in it.

If you or someone you know has been the victim of online harassment or abuse, it is important to report the incident to the police or to a trusted authority.

You can also find resources and support from organizations such as the National Stalking Helpline, the Cyber Helpline, and the Revenge Porn Helpline.

In conclusion, the Malicious Communications Act 1988 is a vital piece of legislation that helps to protect individuals from online harassment and abuse. While there are valid concerns about its potential impact on free speech, it remains an important tool for law enforcement in the fight against malicious communications.

The gov.uk website has various help and guidance on Crime, justice and the law.

Check out our articles on What is Stalking and Harassment, What is the Law ?, Sent an Email to the Wrong Person ? and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.


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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Policing

State of Policing Report 2022 and the Loss of Public Trust

In the first annual assessment of policing in England and Wales, Andy Cooke QPM DL who is His Majesty’s Chief Inspector of Constabulary, has called for major reform, including new legal powers for the inspectors of constabulary.

Andy Cooke has described widespread and systemic failures in both the police and criminal justice system, both of which threaten to damage further the public’s trust in police.

  • the police need to prioritise the issues that matter most to the public;
  • forces are failing to get the basics right in investigation and responding to the public, and they need to concentrate on effective neighbourhood policing; and
  • critical elements of the police service’s leadership and workforce arrangements need substantial reform, such as more scrutiny on vetting and recruitment processes, including for chief officers.

The police are experiencing one of their biggest crises in living memory. I can’t recall a time when the relationship between the police and the public was more strained than it is now.

The public’s trust and confidence are unacceptably low. The fundamental principle of policing by consent, upon which the service is built, is at risk.

Andy Cooke – His Majesty’s Chief Inspector of Constabulary

His Majesty’s Chief Inspector of Constabulary has called for definitive action to be taken to address these failings, instead of “glossy strategies and mission statements” that do not bring about lasting change.

The HMICFRS report State of Policing – The annual assessment of Policing in England and Wales 2022 was published on the 9th June 2023.

“I was a police officer for 36 years before I took this job. I am in no doubt of the dedication, bravery and commitment of the vast majority of police officers and staff. But there are clear and systemic failings throughout the police service in England and Wales and, thanks to a series of dreadful scandals, public trust in the police is hanging by a thread.

“I am calling for substantial reform to give the inspectors of constabulary more power to ensure we are able to do everything necessary to help police forces improve. Over the years, we have repeatedly called for change. There are only so many times we can say the same thing in different words – it is now time for the Government to bring in new legislation to strengthen our recommendations.

“Change needs to start at the top. Chief constables and police and crime commissioners need to do more to make sure their forces are efficient and to get a grip on their priorities. The police are not there to be the first port of call for people in mental health crisis or to uphold social justice. They are there to uphold the law.

“Forces need to show professionalism, get the basics right when it comes to investigating crime, and respond properly when someone dials 999. This is what matters most to the communities they serve and this is the way forward for the police to regain the public’s trust. The fundamental principle of policing by consent, upon which our police service is built, is at risk – and it is past time to act.”

Andy Cooke – His Majesty’s Chief Inspector of Constabulary

The then Home Secretary The Rt Hon Suella Braverman KC MP published the following statement on Twitter :-

Statement from the Home Secretary in response to HMICFRS Annual Report 2022

You may be interested in our articles His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS), What is a Police and Crime Commissioner and a Police and Crime Panel ?, Met Police, Sussex Police, Chief Constable Jo Shiner Sussex Police, It’s the LawWhat is Policing by Consent ?, Wasting Police Time, and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.


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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Judiciary Legal Professionals

His Honour Now His Dishonour

Andrew Easteal formerly known as His Honour Andrew Easteal has been removed from office by the Judicial Conduct Investigations Office (JCIO) for misconduct after he ‘deliberately’ deleted data which was of police interest. 

The Lord Chancellor, with the Lord Chief Justice’s agreement, has removed His Honour Judge Andrew Easteal from office for misconduct.

Judicial office-holders are expected to strive to ensure that their conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession, and litigants, in their personal impartiality and that of the judiciary. They are also expected to put the obligations of judicial office above personal interests.

Following an investigation carried out under the Judicial Conduct (Judicial and other office holders) Rules 2014 by a senior judge appointed by the Lord Chief Justice, Judge Easteal was found to have deliberately deleted data in the knowledge that it was of interest to police officers carrying out a criminal investigation. The judge denied that his intention was to frustrate the criminal investigation.

Having considered the mitigation offered by Judge Easteal, the Lord Chief Justice and Lord Chancellor agreed with the investigating judge’s finding that this was misconduct of the utmost seriousness, for which the judge should be removed from office.

STATEMENT FROM THE JUDICIAL CONDUCT INVESTIGATIONS OFFICE

Despite being removed from Office, Andrew Easteal is still on the List of Circuit Judges on the Judiciary website. This is several hours after the announcement.

Clearly not all judges are as honourable as they seem !

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy BenthamMr Justice Cobb: ‘Justice must be seen to be done’

Check out our articles on Mr Justice Williams, His Honour Judge Melbourne Inman KC, His Honour Judge Jeremy Richardson KC, His Honour Judge Guy Kearl, HHJ Farquhar, HHJ Bedford, Dodgy Judges, Can you Criticise a Judge ?, Do you Have to Bow to a Judge ?, Can you Email a Judge ?, Can you Criticise a Judge ? and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.


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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Law

What are Byelaws ?

Byelaws play a crucial role in regulating various aspects of society in the United Kingdom. Byelaws are made by local authorities and public bodies, including some private companies or charities, to address specific issues that are not covered by national legislation. Byelaws are made using powers granted by the relevant Act of Parliament.

A byelaw cannot be made where alternative legislative measures already exist that could be used to address the problem. Byelaws should always be proportionate and reasonable. Where a byelaw is no longer necessary, it should be revoked.

Local government legislation: byelaws – gov.uk

Byelaws govern a wide range of areas, from public behaviour to the use of public spaces.

Byelaws are generally accompanied by some sanction or penalty for their non-observance that can be prosecuted in magistrates’ courts or Justice of the Peace Courts in Scotland.

History of Byelaws in the UK

The origins of byelaws can be traced back to medieval England when local communities enacted regulations to govern their own affairs. These early byelaws covered aspects such as public health, trade, and public order. However, it was not until the 19th century that byelaws began to be widely recognized and authorized by legislation.

The Municipal Corporations Act of 1835 was a significant milestone in the development of byelaws in the UK. It granted municipal corporations the power to make byelaws for the “good rule and government” of their respective boroughs. This act paved the way for local authorities to pass regulations on matters like public nuisances, street trading, and the management of public spaces.

Since then, numerous acts of Parliament have expanded the scope of byelaw-making powers for different bodies. Notable examples include the Public Health Act 1875, which empowered local authorities to create byelaws concerning sanitation and public health, and the Road Traffic Act 1988, which enabled local authorities to regulate parking and traffic through byelaws.

Legislation

The Local Government Act 1972  was made in respect of local government and the functions of local authorities in England and Wales. It includes the “Power of councils to make byelaws for good rule and government and suppression of nuisances”.

The Local Government (Scotland) Act 1973 includes “Byelaws for good rule and government”.

The Local Government Byelaws (Wales) Act 2012 “reforms procedures for making byelaws in Wales, including removing a requirement for confirmation of byelaws by the Welsh Minister”.

The Byelaws (Alternative Procedure) (England) Regulations 2016 introduce new arrangements for byelaws by simplifying the procedures for making new byelaws and amending byelaws.

Types of Byelaws

Byelaws in the UK can be categorised into different sections based on their subject matter. Some common areas covered by byelaws include :-

  1. Public Order and Safety: Byelaws in this category govern public behavior and conduct to maintain order and safety. They may include regulations on alcohol consumption in public places, restrictions on public gatherings, and rules regarding the use of fireworks.
  2. Public Spaces: Byelaws related to public spaces cover issues such as the use of parks, beaches, and open spaces. They may address activities like dog walking, cycling, barbecues, and the prohibition of certain activities in designated areas.
  3. Environmental Protection: Byelaws aimed at environmental protection focus on preventing pollution, preserving natural habitats, and promoting sustainable practices. They may cover topics such as waste management, noise pollution, and the protection of wildlife.
  4. Public Transport: Byelaws in this category pertain to public transport services, including buses, trains, trams, and ferries. They often define rules for passenger behaviour, ticketing, and the use of facilities.
  5. Trading and Licensing: Byelaws concerning trading and licensing govern various commercial activities. They may regulate street trading, markets, licensing of premises for specific purposes, and the sale of goods in public spaces.
  6. Health and Sanitation: Byelaws addressing health and sanitation focus on maintaining public health standards. They may cover topics like food hygiene, public toilets, pest control, and the prevention of infectious diseases.

Significance of Byelaws in the UK

Byelaws play a crucial role in complementing national legislation by addressing local issues and concerns. They provide local authorities and public bodies with the flexibility to regulate matters that are specific to their regions. Byelaws also enable communities to uphold public order, protect the environment, and ensure the well-being of residents and visitors.

Furthermore, byelaws encourage civic engagement and local democracy, as they often involve public consultations and input from community members. They provide an opportunity for individuals and organizations to influence the rules and regulations that govern their immediate surroundings.

Byelaws in the UK have a rich history and continue to be an essential part of the legal framework in the country. They serve as a means for local authorities and public bodies to address specific issues and regulate various aspects of society.

Byelaws help maintain public order, protect the environment, and ensure the well-being of communities throughout the United Kingdom.

If you have arrived at the Ministry of Injustice from https://btppolice.uk (a MOI domain) you may well have been looking for https://btp.police.uk which is the official website for British Transport Police.

For the avoidance of doubt this website is not run by British Transport Police nor is it associated in any way with British Transport Police.

Call 999 if:

  • a serious offence is in progress or has just been committed
  • someone is in immediate danger or harm
  • property is in danger of being damaged
  • a serious disruption to the public is likely

Call 101 for non-emergency enquiries. You can also Report a Crime online.

You may also be interested in our articles on What is the Law ? and It’s the Law.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.


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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Policing

Its the Law

Why do the police make up the law ? Is ignorance of the law by a Police Officer a reasonable excuse ? Check out the latest Police News.

The Gwent Auditor / TGA posted the following video on the 1st June 2023 about a visit to the GLAA – Gangmasters and Labour Abuse Authority building in Nottingham.

Love or hate auditors on YouTube, there is an ever growing library of videos that show the Police abusing their powers, making up the law and showing complete ignorance of the law.

Having watched the video, it is clear that PC 1191 Madison Moss-Hayes of Nottinghamshire Police based at Byron House Police Station urgently needs some training so that she understands how to approach the public, civil trespass, the law about photography in public and what Section 35 is and how to use it lawfully.

9:32 “It’s the law mate

12:57 When asked under what law…….”Under a Section 35 Act ok so it’s a dispersal order

14:03 When asked again…………”It’s under Section 35 Act

PC 1191’s bold statement “It’s the Law” is totally wrong as It’s not the law.

Calling a member of the public “mate” is also high questionable and unprofessional.

The College of Policing publish a Code of Conduct which sets out the principles and standards of behaviour that we expect to see from police professionals.

Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel.

Photography Advice Met Police

I can only assume PC 1191 Madison Moss-Hayes of Nottinghamshire Police was referring to Section 35 of the Anti-social Behaviour, Crime and Policing Act 2014. There is no evidence to suggest that authorisation was granted as required under Section 34 of the same Act.

In my opinion, any arrest made by PC Moss-Hayes would have been unlawful and The Gwent Auditor would have been able to make a civil claim against the Police Constable and Nottinghamshire Police.

34 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.

35 Directions excluding a person from an area

(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).

Anti-social Behaviour, Crime and Policing Act 2014
1:14 Basil Fawlty “It’s against the Law. The Law of England, nothing to do with me……”

Latest Gwent Auditor YouTube Videos

You may also be interested in our articles on Policing by Consent ?, Met Police, Sussex Police, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) and the State of Policing Report 2022 and the Loss of Public Trust.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.


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What is Policing by Consent ? What is Two Tier Policing ?

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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Legal Analysis

What is Judicial Review ?

In England and Wales, judicial review is a legal process through which the courts review the lawfulness of decisions made by public bodies.

It is a mechanism that allows individuals or organizations to challenge the actions, decisions, or omissions of public authorities to ensure that they have acted within the powers conferred upon them by law.

The purpose of judicial review is to hold public bodies accountable for their actions and decisions, ensuring that they act lawfully, fairly, and within the scope of their authority.

It is an essential aspect of the rule of law and serves as a check on the exercise of power by the government and other public bodies.

Judicial review can be sought in relation to a wide range of decisions, including those made by central government departments, local authorities, regulatory bodies, and other public bodies. It covers various areas such as immigration, planning, education, healthcare, and administrative decisions.

To initiate a judicial review, the claimant must establish that they have sufficient standing to bring the case, meaning they must have a sufficient interest in the matter. They must also demonstrate that there are valid grounds for review, such as illegality, irrationality, procedural impropriety, or a breach of human rights.

If the court finds in favour of the claimant, it can quash the decision in question, declare it unlawful, or provide other appropriate remedies.

Judicial review is typically conducted by the Administrative Court, which is a specialised division of the High Court of Justice in England and Wales.

Appeals from the Administrative Court’s decisions can be made to the Court of Appeal and, in certain circumstances, to the Supreme Court.

Apply for a judicial review of a decision

To ask the court for permission to proceed with a claim for a judicial review and to give details of the claim, the Judicial review claim form (Administrative Court) Form N161 must be completed and submitted to the appropriate Administrative Court.

You must make the claim in the appropriate Administrative Court in:

Apply for a judicial review of a decision – gov.uk

The Courts and Tribunal Judiciary publish the Administrative Court Judicial Review Guide 2024 which provides detailed legal guidance on bringing a judicial review case in the Administrative Court.

HM Courts & Tribunals Service published the guidance Administrative Court: bring a case to the court. This shows how to use the Administrative Court, part of the High Court which hears cases about judicial reviews, statutory appeals and extradition.

Civil Procedure Rule (CPR) PART 54 – JUDICIAL REVIEW AND STATUTORY REVIEW contains the appropriate rules about the procedure.

Civil Practice Direction 54A – JUDICIAL REVIEW sets out the procedures to be followed when bringing proceedings before the courts. Please note that the Practice Directions in general supplement the CPR’s.

If the Judicial review is urgent and must be considered within 7 days Form N463 Ask the court to urgently consider a claim for a judicial review must be completed as well as the Judicial review claim form (Administrative Court) Form N161.

Fees in the Civil and Family Courts – full list (EX50A) shows the fees for judicial review on Page 5 :-

D. Judicial Review (other than in respect of judicial review in immigration and asylum)

1.9(a) Permission to apply £169 FEE0454
1.9(b) On request to reconsider at a hearing a decision on permission £424 FEE0455
1.9(c) Permission to proceed £847 FEE0456
1.9(d) Permission to proceed (claim not started by JR procedure) £169 FEE0457

Judicial Review Fees EX50A (May 2024)

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.


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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Law

What is a Crown Servant ?

A Crown Servant, in the United Kingdom, is an individual who is employed by the Crown or works within the civil service of the government.

The term “Crown servant” is not used in Scotland, where the equivalent term is “public servant”.

Crown Servants encompass a diverse range of professionals. They work across different government departments and agencies, contributing their expertise and skills to the functioning of the state.

Here are some examples of crown servants :-

  • Civil servants: Civil servants are employed by the government to carry out a variety of tasks, such as running government departments, providing public services, and advising ministers.
  • Police officers: Police officers are employed by the government to uphold the law and protect the public.
  • Members of the armed forces: Members of the armed forces are employed by the government to defend the country from attack.
  • Judges: Judges are employed by the government to preside over court cases.
  • Crown prosecutors: Crown prosecutors are employed by the government to prosecute criminal cases.
  • Diplomats: Diplomats are crown servants, and they represent the UK on the international stage. They negotiate treaties, build relationships with other countries, and promote UK interests abroad.

It’s important to note that although judges are employed by the government, they are separate from the executive branch of government, which includes the Prime Minister, Cabinet, and other government officials. This separation of powers helps to safeguard the integrity and impartiality of the judiciary.

One of the fundamental principles guiding the work of Crown Servants is their commitment to impartiality.

They are expected to perform their duties without bias or favouritism, treating all individuals and groups fairly and equitably. This principle of impartiality ensures that government decisions are made in the best interest of the public rather than personal or political interests.

Integrity is another core value upheld by Crown Servants.

They are expected to act ethically, demonstrating honesty, transparency, and accountability in their work. Maintaining the public’s trust is of utmost importance, and Crown Servants must adhere to high standards of conduct and behaviour.

Crown Servants serve at the pleasure of the Crown.

This means their employment can be terminated at the discretion of the Crown or its representatives. This authority provides flexibility in the management of the civil service, allowing the government to ensure that Crown Servants remain aligned with the goals and objectives of the administration.

The principle of Crown servants serving at the pleasure of the Crown is based on the idea that the Crown is the ultimate source of authority in the UK. This principle dates back to the days of absolute monarchy, when the King or Queen had absolute power over their subjects.

Although the UK is now a constitutional monarchy, the principle of Crown servants serving “at the pleasure of the Crown” has been retained.

Some people argue that serving at the pleasure of the Crown is an outdated and undemocratic principle that gives the government too much power. Others argue that it is an essential principle that helps to ensure the stability of the government and the country.

Crown Servants are expected to be politically neutral in their roles.

This ensures that their decisions and actions are not influenced by personal political beliefs. It is important to note that Crown Servants are distinct from political appointees or ministers who are chosen by the government

The role of Crown Servants in the United Kingdom is crucial in maintaining stability, efficiency, and continuity in the governance of the country.

Crown servants work tirelessly behind the scenes, implementing legislation, managing public services, providing legal advice, conducting diplomacy, and upholding law and order.

Crown servants provide impartial advice and support to government ministers, so that they can deliver public services in a fair and impartial way.

The UK has a long and proud tradition of public service, and Crown servants play a vital role in upholding this tradition.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.


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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

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Ministry of Justice

The United Kingdom’s Ministry of Justice is responsible for the country’s justice system, ensuring that it is fair, transparent, and accessible to all.

The Lord Chancellor, The Right Honourable Shabana Mahmood KC MP, heads the Ministry of Justice as the Secretary of State for Justice.

The Ministry of Justice role encompasses a wide range of responsibilities, including the provision of legal services, the management of the court system, and the oversight of the country’s prisons and probation services.

The Ministry of Justice is not responsible for the regulation of the legal profession in England and Wales. This function is carried out by the independent regulatory bodies, such as the Solicitors Regulation Authority and the Bar Standards Board

The history of the Ministry of Justice can be traced back to the Magna Carta

The Magna Carta, also known as the Great Charter, is one of the most important legal documents in history. It was originally issued by King John of England in 1215, in response to the demands of rebellious barons who sought to limit the power of the monarch.

The Magna Carta established the principle that everyone, including the king, is subject to the law, and it protected basic rights such as the right to a fair trial and the right to due process.

Over time, the Magna Carta was revised and reissued by various kings, and it became a symbol of individual liberty and the rule of law. The version of the Magna Carta that is most commonly referenced today is the one issued by King Edward I in 1297.

Of the original 63 clauses in the Magna Carta, only four have survived into modern law. These are clauses 1, 13, 39, and 40.

Clause 1 establishes the principle that the English Church is free from interference by the king. It states that “the Church of England shall be free, and shall have its rights undiminished, and its liberties unimpaired.”

Clause 13 provides for the seizure of property by the king only if it is done in accordance with the law. It states that “No man shall be taken or imprisoned, or disseised of his freehold, or liberties, or free customs, or outlawed, or exiled, or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.”

Clause 39 establishes the principle of due process, stating that “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.”

Finally, Clause 40 establishes the right to a fair trial, stating that “To no one will we sell, to no one will we deny or delay, right or justice.”

Together, these surviving clauses represent the enduring legacy of the Magna Carta, and they continue to influence modern legal systems around the world.

In the Crime, Justice and Law section of the gov.uk website, the government regularly publish justice information and statistics as part of the Justice System Transparency

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.


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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

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Statute of Limitations

The Statute of Limitations in the United Kingdom (UK) establishes time limits within which legal actions can be brought against individuals or entities for various offenses.

These limitations aim to strike a balance between the interests of justice and the need for legal certainty.

In the UK, each jurisdiction—England and Wales, Scotland, and Northern Ireland—has its own legislation governing limitation periods.

This article explores the key aspects of the Statute of Limitations in each jurisdiction, including time limits for offenses and exceptions.

Limitation Act 1980

The Limitation Act 1980 is a piece of legislation that governs the time limits within which legal actions can be brought for civil claims in England, Wales, and Northern Ireland.

It provides a framework for determining when a claim becomes “time-barred” or statute-barred, meaning that it cannot be pursued in court after a certain period has elapsed.

The key provisions of the Limitation Act 1980 include:

  1. General Limitation Period: Section 2 of the Act establishes a general limitation period of six years from the date the cause of action arises for most civil claims. This includes claims for breach of contract, personal injury, and negligence.
  2. Personal Injury Claims: Section 11 of the Act sets a specific limitation period of three years for personal injury claims arising from negligence, nuisance, or breach of duty. The three-year period usually begins from the date the injury occurred or from the date the injured party became aware of the injury.
  3. Latent Damage: Section 14A of the Act addresses claims for latent damage, where the injury or damage may not be immediately apparent. It allows for an extended limitation period of either three years from the date of knowledge or 15 years from the date of the negligent act or omission, whichever occurs first.
  4. Actions to Recover Land: Section 15 of the Act deals with actions to recover land, setting a limitation period of 12 years. This means that legal action to reclaim land or property must be initiated within 12 years from the date the right of action arose.
  5. Contracts and Specialty Debts: Section 5 of the Act establishes a six-year limitation period for actions founded on simple contracts or specialty debts. This includes debts arising from written agreements or deeds.

It is important to note that the Limitation Act 1980 does not apply to criminal offenses, which have separate rules and time limits for prosecution.

In the case of criminal acts, there are no statutory limits on the prosecution of crimes in the UK except for ‘summary’ offences (offences which are tried in the magistrates’ court). In these cases, criminal proceedings must be brought within 6 months. The Magistrates’ Courts Act 1980 (MCA 1980) applies.

There is no time limit for prosecution in England and Wales, including indictable crimes such as murder, manslaughter, war crimes and drug dealing offences.

Prescription and Limitation (Scotland) Act 1973

The Prescription and Limitation (Scotland) Act 1973 governs limitation periods for civil and criminal matters in Scotland.

  1. Time Limits for Offenses:
    • Section 6 of the Limitation (Scotland) Act 1973 establishes a five-year limitation period for most personal injury claims, contracts, and torts.
    • The limitation period for actions based on a right to recover land is 20 years from the date the right of action accrued.

Serious offenses such as murder, rape, and treason generally do not have a time limit for prosecution and can be brought forward at any time.

The Criminal Procedure (Scotland) Act 1995 sets out the procedures and powers of the lower courts in Scotland, which include the Justice of the Peace Courts and Sheriff Courts. The Criminal Procedure (Scotland) Act 1995 outlines the jurisdiction, powers, and functions of these courts, as well as the procedures for criminal cases in Scotland.

The Limitation (Northern Ireland) Order 1989

The Limitation (Northern Ireland) Order 1989 provides the framework for limitation periods for civil claims in Northern Ireland.

  1. Time Limits for Offenses:
    • Section 6 of the Limitation (Northern Ireland) Order 1989 sets a general limitation period of six years for most civil claims, including contract disputes and personal injury cases.
    • Actions to recover land have a limitation period of 12 years.

The Magistrates’ Courts (Northern Ireland) Order 1981. This order sets out the powers, procedures, and jurisdiction of the magistrates’ courts in Northern Ireland. It governs the operation of these courts and provides the legal framework for their functions and processes.

The Statute of Limitations in the UK varies across its jurisdictions. The Limitation Act 1980 applies to England and Wales, the Prescription and Limitation (Scotland) Act 1973 governs limitation periods in Scotland and the Limitation (Northern Ireland) Order 1989 sets the framework for Northern Ireland.

Check out our articles on Solicitors, Solicitors Regulation Authority (SRA), Solicitors from Hell, Barristers, Direct Access Barristers, Bar Standards Board, Bar Council, Law Society, Legal Services Board, Rule of Law and the highly questionable Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.


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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

‘Justice delayed is justice denied’

 William Ewart Gladstone

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Equal Justice Under Law
Access To Justice Is A Right Not A Privilege
Rule of Law - Open Justice - Policing By Consent

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