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.
Article 10 of the Human Rights Act 1998 gives 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."
“A key issue here is the need to distinguish between conduct which, however objectionable, does not justify invoking the criminal law and conduct which crosses the line and results in criminal liability" - Para 31 R v O’Neill [2016] EWCA Crim 92 [2016]
“Harassment is generally understood to involve improper oppressive and unreasonable conduct that is targeted at an individual and calculated to produce alarm and distress” - Para 38 R v O’Neill [2016] EWCA Crim 92 [2016]
"The behaviour said to amount to harassment must reach a level of seriousness passing beyond irritations, annoyances....The gravity of the misconduct must be of an order which would sustain criminal liability" - Paras [40-44] Hayden v Dickenson [2020] EWHC 3291 (QB)
"If you tell the truth, you don't have to remember anything"
In 2002 Dom Watts was an unlikely consumer champion. The dad of three from Croydon took on the power and might of Kodak – and won...Dom on BBC Working Lunch
The Solicitors Disciplinary Tribunal (SDT) is an independent statutory body in the UK responsible for adjudicating on alleged breaches of the rules and regulations applicable to solicitors and their firms.
At the SDT, our duty is to maintain the public’s confidence in the reputation of the solicitor profession for honesty, probity, trustworthiness, independence, and integrity.
Purpose and Role: The SDT’s primary role is to maintain the public’s confidence in the solicitor profession by ensuring that its members adhere to standards of honesty, probity, trustworthiness, independence, and integrity. It handles cases where there might be serious misconduct that could warrant sanctions beyond what the Solicitors Regulation Authority (SRA) can impose, like striking off a solicitor from the roll or imposing unlimited fines.
Powers and Procedures:
The Tribunal can impose various sanctions including but not limited to suspension, striking off, unlimited fines, and orders for compensation or costs.
It operates independently of the SRA, although the SRA refers cases to the SDT when it deems the misconduct serious enough to potentially require sanctions it cannot itself impose.
The SRA refers cases to the SDT when there’s a realistic prospect of the Tribunal making an order, and it’s in the public interest. This might occur when the misconduct is so severe that only the SDT’s sanctions would suffice, or when there’s a need for a public hearing to address significant issues affecting public confidence in the profession.
The SDT itself decides whether there’s a case to answer based on the evidence presented, setting a pre-listing day if necessary.
Public Interest and Accountability:
The involvement of the SDT often reflects not just on the individual solicitor but also on the broader profession’s reputation. Its decisions are crucial for maintaining high ethical standards and public trust in legal services.
Critical Examination: While the SDT’s role is to uphold professional standards, discussions online highlight criticisms or concerns regarding its decisions, the fairness of its processes, or its impact on legal practice freedom. However, these discussions should be viewed as part of a broader discourse on legal ethics and accountability rather than definitive critiques of the Tribunal’s operations.
Facial Recognition (FR) technology can be used in a number of ways by the Police, including to prevent and detect crime, find wanted criminals, safeguard vulnerable people, keep the people safe. and to protect people from harm.
The typical uses of FR technology for policing are:
as a real-time aid to help officers to help them locate people on a ‘watchlist’ who are sought by the Police;
as an operator initiated tool for officers who decide they need to take an image of a person and then use Facial Recognition software to help them establish who that person is. This helps the Police even if that person provides false or misleading details. This use of FR can also help provide an identification of someone who is unconscious or seriously injured and unable to communicate who they are;
as a retrospective system to be used after an event to help officers establish who a person is or whether their image matches against other media held on databases.
Police and private companies in the UK have been quietly rolling out facial recognition surveillance cameras, taking ‘faceprints’ of millions of people — often without you knowing about it. This is an enormous expansion of the surveillance state — and it sets a dangerous precedent worldwide. We must stop this dangerously authoritarian surveillance now.
Live Facial Recognition (LFR) cameras are focused on a specific area so that when people pass through that area their images are streamed directly to the Live Facial Recognition system and compared to a watchlist.
All deployments are targeted, intelligence-led, time-bound, and geographically limited. It lets forces place their effort where it is likely to have the greatest effect. Before a deployment, the police will inform the public where they intend to use the technology and where they can obtain more information on its use.
Following a possible LFR alert, it is always a police officer on the ground who will decide what action, if any, to take. If the LFR system does not make a match with the watchlist, a person’s biometric data is deleted immediately and automatically. The watchlist is destroyed after each operation.
Retrospective Facial Recognition (RFR)
The images or short videos that are being searched after the event, are typically obtained from CCTV, mobile phone footage or have been supplied by members of the public. These images can then be searched for example against some of the Police’s custody image databases. If the system indicates a match then a human will always review this and they will decide if they think it is a match or not.
The use of operator initiated facial recognition which takes an image of a particular person and uses it to either (i) help policing establish who a person in the image is or (ii) establish where a person has previously appeared in other media held by the police
Hampshire and Isle of Wight Constabulary uses Facial Recognition Technology in the following cases:
Live Facial Recognition (LFR) compares a live camera feed of faces against a predetermined watchlist to find a possible match that generates an alert.
Retrospective Facial Recognition (RFR) is a post event use of facial recognition technology, which compares still images of faces of unknown subjects against a reference image database in order to identify them.
Operator Initiated Facial Recognition (OIFR) is a mobile phone use of FRT technology, which compares a photograph of a person’s face taken on a mobile phone to the predetermined watchlist to assist an officer to identify a subject.
Auditing Britain published a video of his interaction with the Met Police and was rudely spoken to and the door to their Live Facial Recognition Van was regularly closed. Do the Met Police have something to hide ?
On Saturday 14th September 2024, Lincoln’s Inn once again opened its doors to the public for Open House Festival. This was a rare opportunity to see spaces usually closed to the general public and learn more about the history of one of London’s most fascinating estates – for free.
As one of the four Inns of Court, Lincoln’s Inn houses a thriving community of barristers and is a bedrock of the Bar of England and Wales. Standing for more than 600 years, tradition intersects modernity on this 11-acre estate, which features Grade I and II listed buildings from the mediaeval, Victorian and Georgian periods, state-of-the-art teaching and conference spaces, and lush gardens. Make your way around the Inn at your own pace, and immerse yourself in the estate’s history at one of our free talks.
Why did Sussex Police wait 9 days to inform the public ?Surely Sussex Police have a duty to let Sussex residents know that their Chief Constable has retired ?Not very transparent and almost as if the Police have something to hide.
In the same document pack, there is a copy of the letter Jo Shiner wrote to the Sussex PCC on the 14th June 2024. The Sussex PCC replied on the 25th June 2024. The Police Reform and Social Responsibility Act 2011 requires a transparent and open process. Why did the PCC stay quiet until the 10th September 2024 ?
I am still perplexed how the Chief Constable of Sussex Police can retire (and be rehired next month by the PCC), an Acting Chief Constable be appointed and the people of Sussex (and the UK) were not told.
Confirmation Hearing for the Proposed Chief Constable of Sussex Police (Pages 37 – 58)
On 10 September, the Panel was formally notified of the proposal of Sussex Police and Crime Commissioner to appoint a Chief Constable of Sussex Police. The attached report by the Clerk to the Panel provides details of the Panel’s role in the confirmation hearing for the proposed appointment of the Chief Constable of Sussex Police. The appendices and annexes to the report comprise information from the Police and Crime Commissioner regarding the proposed appointment. The Panel is to ask the candidate questions relating to their professional competence and personal independence.
On the 1st October 2024 Jo Shiner was reappointed as the Chief Constable of Sussex Police until 2027 after a short break under the Retire and Rejoin scheme.
The latest HMICFRS inspection of Sussex Police PEEL 2021/22 was published on the 13th April 2023 ? Should we continue to reward failure ? Is Jo Shiner the best person Sussex Police have for the job ?
“This way she can start claiming her pension and, on her return get her full salary without any pension deductions. Nice work if you can get it. If she has retired the job needs to go through the correct selection process.”
There was no announcement on the Sussex Police News website…..however the reason for the BBC news article and announcement may become clear. ⬇
An email was sent to the Sussex Police Media Team on Monday 9th September in relation to a Facebook post about gifts of Samosa’s to Crawley Police. The email also asked questions about the Senior Leadership including Chief Constable Jo Shiner missing from the Sussex Police website……
From: Dom Watts Sent: Monday, September 9, 2024 10:06 AM To:[email protected] Cc:[email protected]; [email protected] Subject: Crawley Police and the Gifts, Gratuities and Hospitality Policy – Facebook Samosa Gifts
Dear Sussex Police Media Team
(cc Katy Bourne Sussex PCC and Sussex Police PSD)
I am a citizen journalist at the Ministry of Injustice website and also a Crawley resident. I am currently writing an article in response to a post made by Crawley Police on their Facebook page (As below) on Friday 6th September 2024 about gifts of Samosa’s to the Police on World Samosa Day (5th September 2024).
This Facebook post is another terrible social media post by Crawley Police, and is not a great optic for the Police at a time of greater scrutiny in light of public claims of two tier policing.
1.3 As a guiding principle, Police Officers, Special Constables and Police Staff must not accept the offer of any gift, gratuity, favour or hospitality without prior approval from the JFVU. This allows an independent assessment of any potential compromise or conflict of interest.
1.4 Offers of a gift, gratuity or hospitality vary widely and could range from a reasonable display of gratitude and common courtesy, which does not breach integrity of any party, through to criminal offences such as a breach of the Bribery Act 2010 (legislation.gov.uk)
3.1 All gifts, gratuities and hospitality require approval from the JFVU before they can be accepted. Police Officers, Special Constables and Police Staff must complete an application form as soon as possible or within a maximum of 7 days from the receipt of the gift, gratuity or prior to any hospitality offered. The gift, gratuity or hospitality must remain with the applicant’s line manager, until approval has been given from the JFVU.
4.3 The Gift, Gratuity and Hospitality policy is intended to manage low value items only and as a guide an upper limit of £20 is considered appropriate.
Could you please provide any comments on the following please :-
Was advice Sought from the Joint Force Vetting Unit (JFVU) in accepting these gifts ?
Have these gifts been recorded by the JFVU ?
Did Superintendent Nick Dias or Chief Inspector Will Keating-Jones accept the gifts ? Was it another officer ?
Does the photo show all the samosa’s that were gifted ? How many Samosa’s were gifted ?
Was the health and safety of the Front Line officers considered when accepting these gifts ?
What is the benefit to policing in accepting these gifts ?
Do senior officers in Sussex Police regularly take time away from policing to accept freebies and photo opportunities ?
Could you please arrange for this page to be updated along with any missing bio’s. Can you please share any publicity photos of these senior officers ?
@[email protected] If any offences have been committed by Superintendent Nick Dias, Chief Inspector Will Keating-Jones or any other officers, could you please furnish me with a crime number and PSD reference.
To be clear, I am not a racist or from the far right. My aunt is of Asian descent and makes brilliant Samosa’s !
Thanks for your time and I look forward to your response.
Regards
Email to Sussex Police Media Team 9th September 2024
Is news about gifts of Samosa’s more important to the public than the retirement of the Chief Constable ?
An email response was received from Sussex Police Media Team……..
From: <[email protected]> Sent: Monday, September 9, 2024 12:19 PM To: Dom Watts Cc:[email protected]; PSD Main <[email protected]> Subject: RE: Crawley Police and the Gifts, Gratuities and Hospitality Policy – Facebook Samosa Gifts
Good afternoon Dom,
Thank you for your email. I hope this gives some clarification regarding the samosas which were received at Crawley police station from Ashwin Soni, Director of Diverse Crawley.
Samosas were delivered to police and other emergency services by Ashwin to help celebrate World Samosa Day.
Ashwin is a valued member of the community as well as a member of multiple independent advisory groups who work closely with Sussex Police.
This kind gesture was gratefully received by Superintendent Nick Dias and Chief Inspector Will Keating-Jones, who is the Hindu Faith lead for Sussex Police, as part of their ongoing engagements with the local community and stakeholders, a core part of senior officers’ duties.
The gift of around 40 samosas was inputted on the Gifts Register and forwarded to vetting for awareness.
Thank you for highlighting information on our website.
Will Keating-Jones was promoted to Chief Inspector, which will be reflected on the website. Superintendent Imran Asghar’s rank is correct.
In relation to the Chief Constable, please can I direct your request to the Office of the Police and Crime Commissioner for Sussex?
I hope this answers any questions you may have. If you require any more information, please do let me know.
Many thanks
Email response from Sussex Police Media Team 9th September 2024
A follow up email was sent to the Sussex Police Media Team and the Sussex Police and Crime Commissioner
From: Dom Watts Sent: Tuesday, September 10, 2024 10:08 AM To: <[email protected]>; [email protected] Subject: RE: Crawley Police and the Gifts, Gratuities and Hospitality Policy – Facebook Samosa Gifts Importance: High
Good Morning xxx
Many thanks for your speedy reply, for clarifying the correct procedure was followed in relation to the “gifts” and for updating the Sussex Police Senior Leadership page.
I see that the reason for your response “In relation to the Chief Constable, please can I direct your request to the Office of the Police and Crime Commissioner for Sussex?”
was answered by the BBC @ 1.32pm the same day
@[email protected] Why did Sussex Police wait 9 days to inform the public ? Surely Sussex Police have a duty to let Sussex residents know that their Chief Constable has retired ? Not very transparent and almost as if the Police have something to hide. Could you please reply to me separately about this ?
Jo Shiner, Sussex Police Chief Constable, formally retired on the 31st August 2024 but will return in a month !
Why did Sussex Police wait 9 days to inform the public ? Not very transparent and almost as if the Police have something to hide? #Policehttps://t.co/8jZt4TcA49
The Sussex Police and Crime Panel met on Friday 27 September 2024 (10.30am start) at County Hall, Lewes. The deadline for residents to submit written questions is 12 noon on Friday 13 September 2024…..
From: Dom Watts Sent: Thursday, September 12, 2024 9:16 AM To:[email protected] Subject: Written questions to the Sussex PCP Meeting 27th September 2024
Dear Sussex Police and Crime Panel
The deadline for residents to submit written questions is 12 noon on Friday 13 September 2024.
I am perplexed how the Chief Constable of Sussex Police can retire (and be rehired next month by the PCC), an Acting Chief Constable be appointed and the people of Sussex (and the UK) were not told.
Why did Sussex Police wait 9 days to inform the public via the BBC ? Surely Sussex Police have a duty to let Sussex residents know that their Chief Constable has retired ?
Is there something to hide ? Not very transparent and almost as if the PCC/Police have something to hide.
My questions to the Sussex PCP have been accepted….
From: Ninesh Edwards <[email protected]> On Behalf Of Police Crime Panel Sent: Thursday, September 12, 2024 3:46 PM To: Dom Watts Cc: Tiffany Taylor ; Jack Bacon Subject: Your written Question
Hello again Dominic,
I can confirm that your question(s) have been accepted as written questions for the meeting on 27 September.
The PCC’s written response will be published just before the meeting (available via the link given in 3. below) and the members of the Panel can ask supplementary questions at the meeting, having read the Commissioner’s response.
You can follow the meeting live on 27 September via the webcast here: https://eastsussex.public-i.tv/core/portal/home. The meeting is being held in public, but the public can only observe (i.e. not participate). The meeting will be in Lewes, East Sussex, and will start at 10:30.
The papers for the meeting will be published here (on or around 19 September): https://sussexpcp.gov.uk/meetings/. As stated above, the report for the “Questions for the Commissioner” item will be updated on the morning of the meeting, to include the PCC’s written responses.
Jo Shiner Biography before Appointment as Chief Constable
Jo Shiner joined Sussex Police as Deputy Chief Constable at the end of 2018. She started her policing career in Norfolk in 1993, serving up to the rank of Chief Superintendent before transferring on promotion to Kent as Assistant Chief Constable in 2014.
Jo’s career in the police spans 28 years, during which time she has undertaken a wide variety of roles. These have predominantly been operational, both in uniform and within the Child and Adult Protection Unit, CID and as a firearms, public order and critical incident commander.
As Deputy Chief Constable, Jo is responsible for the smooth and effective running of Sussex Police, and delivering the services that the communities deserve. As part of this she is passionate about supporting local groups and addressing issues that really matter to our communities.
In January 2020 she took over the NPCC National Lead for the policing of Children and Young People. She is also the NPCC National Lead for police fitness.
Police and Crime Commissioners (PCCs) are directly elected politicians and are responsible for overseeing the non-operational aspects of policing. Their journey began in 2012 when they replaced the old police authorities. Since then, it is said that PCCs have been diligently working to secure an “efficient and effective” police force for their respective areas.
In England and Wales, PCCs are elected by the public to hold the police force to account on their behalf. PCCs aim to cut crime and deliver an effective and efficient police service within their police force area. Police and Crime Commissioners: make sure the police force budget is spent effectively.
Election: PCCs are elected by the public. On the 2nd May 2024, elections took place for 37 police and crime commissioners (PCCs) who set policing priorities and hold to account police forces across most of England and Wales. Police & Crime Commissioner elections are held every 4 years.
Coverage: They represent every police force area in England and Wales, except for London, Greater Manchester, and West Yorkshire (where elected mayors hold these powers). Different arrangements exist in the City of London. Scotland and Northern Ireland have separate policing structures due to devolution. Police and crime commissioners for each police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).
The Powers and Functions of PCCs
Appointing and Holding to Account:
PCCs appoint and, if necessary, dismiss the chief constable. This role is critical for maintaining effective leadership within the police force.
They hold the chief constable accountable for delivering the police and crime plan, which outlines local policing priorities.
Setting Objectives and Budgets:
PCCs set the police and crime objectives for their area through a comprehensive plan.
They also determine the force budget and decide on the precept which is a council tax charge specifically for policing.
Collaboration and Coordination:
PCCs bring together various community safety and criminal justice partners to ensure that local priorities are aligned.
While they’re not responsible for operational policing (that remains with chief constables), they play a crucial role in coordinating efforts.
Operational Independence:
The relationship between PCCs and chief constables is guided by the Policing Protocol Order 2011. It emphasizes safeguarding operational independence while allowing PCCs to fulfil their statutory roles.
Additionally, the Policing and Crime Act 2017 introduced the possibility for PCCs to take on responsibility for fire and rescue governance, becoming a police, fire, and crime commissioner (PFCC).
secure an efficient and effective police for their area
appoint the Chief Constable, hold them to account, and if necessary dismiss them
set the police and crime objectives for their area through a police and crime plan
set the force budget and determine the precept [the amount people pay through council tax for policing]
contribute to the national and international policing capabilities set out by the Home Secretary
bring together community safety and criminal justice partners to make sure local priorities are joined up.
How to complain about a Police and Crime Commissioner
To complain about your Police and Crime Commissioner (PCC), PFCC, mayor or deputy mayor for policing and crime, contact your local police and crime panel. Your local council will provide contact details.
Each police force area has a Police and Crime Panel to provide checks and balances in relation to the performance of the Police and Crime Commissioner. The role of the Panel is to scrutinise the performance of the Commissioner and ensure transparency.
The Panel provides checks and balances in relation to the performance of the PCC. The Panel does not scrutinise the Chief Constable – it scrutinises the PCC’s exercise of their statutory functions. While the Panel is there to challenge the PCC, it must also exercise its functions with a view to supporting the effective exercise of the PCC’s functions. This includes :-
(a) the power of veto (outside the Metropolitan Police District), by a two-thirds majority of the total Panel membership, over the level of the PCC’s proposed precept;
(b) the power of veto (outside the Metropolitan Police District), by a two-thirds majority of the total Panel membership, over the PCC’s proposed candidate for Chief Constable;
(d) the power to review the draft Plan and make recommendations to the PCC who must have regard to them;
(e) the power to review the PCC’s Annual Report and make reports and recommendations at a public meeting, which the PCC must attend;
(f) the power to require relevant reports and information in the PCC’s possession (except those which are operationally sensitive) to enable them to fulfil their statutory obligations;
(g) the power to require the PCC to attend the Panel to answer questions;
(h) the power (outside the Metropolitan Police District) to appoint an acting Police and Crime Commissioner where the incumbent PCC is incapacitated, resigns or is disqualified, and
(i) responsibility for complaints about a PCC, although serious complaints and conduct matters must be passed to the IOPC in line with legislation.
A Police and Crime Panel does not have the power to examine the decisions reached by the Police and Crime Commissioner (PCC) and/or their office in respect of such reviews, and is not the correct body of recourse to challenge such decisions made the PCC and/or their office. Such decisions can be subject to judicial review.
The Law Society which is officially known as The Law Society of England and Wales, serves as the professional association representing solicitors within England and Wales. Their vision is to promote, protect and support solicitors, the rule of law and justice in England and Wales.
The Law Society has nothing to do with barristers in England and Wales. The Bar Council of England and Wales is the representative body for barristers in England and Wales.
Here are some key points about this venerable institution:
Representation and Support: The Law Society acts as the voice of solicitors, advocating for their interests and providing essential support. Whether you’re a seasoned practitioner or a trainee solicitor, this organization has your back.
Law Reform: Ever wonder who discusses and shapes legal reforms? Look no further. The Law Society serves as a sounding board for law reform initiatives. When policymakers consider changes to legal frameworks, the society provides valuable insights and recommendations.
Services: Beyond advocacy, The Law Society offers a range of services to its members. These include professional development resources, access to legal publications, and networking opportunities. Whether you’re navigating complex legal issues or seeking career guidance, they’ve got you covered.
Regulation: The Solicitors Regulation Authority (SRA) is the independent regulatory arm of The Law Society. It oversees the conduct and professional standards of solicitors. So, while The Law Society represents solicitors, the SRA ensures compliance with ethical and professional norms.
Location: The Law Society’s headquarters reside at 113 Chancery Lane, London. If you ever find yourself strolling down that historic lane, you might just glimpse the legal minds at work.
Diversity and Inclusion: The legal profession is evolving, and The Law Society actively promotes diversity and inclusion. They recognize that a diverse legal community enriches the practice of law and contributes to a fairer society.
Campaigns: The society runs campaigns on various fronts. From advocating for legal aid funding to celebrating the contributions of solicitors with South Asian heritage, they’re committed to positive change.
Legal Heroes: Imagine solicitors making a significant impact—transforming lives, communities, and society. The Legal Heroes initiative recognizes these unsung champions. They’re like legal caped crusaders, minus the spandex.
Anti-Money Laundering: In an era of financial complexity, The Law Society provides guidance to solicitors on anti-money laundering measures. Because even superheroes need to keep their finances clean.
Junior Solicitors Network: For junior solicitors navigating the early stages of their careers, this network offers support, camaraderie, and a safe space to discuss pressing issues.
The Law Society does not provide legal advice.
The Law Society publishes the official database of 201,691 legal professionals on the Find a Solicitor page on its website.
The Bar Council of England and Wales is the representative body for barristers in England and Wales. It is said to be the voice of the barrister profession in England and Wales. The General Council of the Bar, is also commonly known as just the Bar Council.
The Bar Council of England and Wales has nothing to do with solicitors in England and Wales. The Law Society of England and Wales, serves as the professional association representing solicitors within England and Wales.
The Bar Council of England and Wales, represent and support the Bar in the public interest, championing the rule of law and access to justice. There are almost 18,000 members who are either self-employed or employed barristers. Together they “make up a united Bar that is strong, inclusive, independent and influential.”
As the General Council of the Bar, we’re the approved regulator for all practising barristers in England and Wales. We delegate our regulatory functions to the operationally independent Bar Standards Board (BSB).
Purpose: It exists to promote, protect, and represent the interests of barristers, uphold the rule of law, and ensure the highest standards of practice within the profession.
Regulation: While the Bar Council has a role in setting standards and providing guidance, the regulatory functions for barristers are handled by the Bar Standards Board (BSB). The BSB is responsible for setting the academic, vocational, and professional training requirements for barristers, as well as overseeing their conduct and discipline.
Advocacy and Policy: The Bar Council advocates on behalf of the barristers on legal policy issues, law reform, and matters affecting the administration of justice. It engages with government, parliament, and other stakeholders to influence legal policy.
Support and Services: It offers various services to its members, including professional development, training, and support in career progression. It also provides resources and guidance on professional conduct and ethics.
Structure: The Bar Council is governed by a board elected by its members, which includes representatives from different sectors of the Bar, such as the employed Bar, self-employed Bar, and various practice areas.
Public Interest: Beyond the interests of barristers, the Bar Council also works to ensure that the public has access to justice, promoting pro bono work and initiatives that enhance legal services for those who might not otherwise afford them.
History: The Bar Council was established in 1894, reflecting the profession’s long-standing tradition and evolving role in the legal landscape of England and Wales.
The Bar makes a vital contribution to the efficient and effective operation of criminal and civil courts. It provides a pool of talent, from increasingly diverse backgrounds, from which a significant proportion of the judiciary is drawn, and on whose independence the rule of law and our democratic way of life depends.
Barristers are specialist legal advisers and court room advocates which are independent, objective and trained to advise clients on the strengths and weaknesses of their case.
The Bar Council plays a crucial role in maintaining the integrity and standards of the legal profession, ensuring that barristers adhere to a code of conduct that upholds the principles of justice, independence, and professionalism.
Money laundering is an illegal activity that involves making large sums of money, which is often generated through criminal endeavours, appear as though they come from legitimate sources.
Imagine this process as a sophisticated form of financial camouflage: the “dirty” money obtained from illicit activities (such as drug trafficking, underground sex work, terrorism, corruption, embezzlement, or gambling) undergoes a transformation to make it seem “clean.”
Here’s how it works:
Illicit Origins: Criminals initially acquire funds through illegal means. These funds are considered “dirty” because their origin is tainted—think of them as the proceeds of crime.
Layering: The money launderer then engages in a series of complex transactions to obscure its origin. This step is called “layering.” During layering, the funds are moved through various accounts, financial institutions, and jurisdictions. The goal is to create confusion and make it difficult for authorities to trace the money back to its criminal source.
Integration: Finally, the laundered money is reintroduced into the financial system in a way that makes it appear legitimate. This step is known as “integration.” It might involve investing in property, purchasing luxury goods, or funding seemingly legitimate businesses. By the end of this process, the money looks like it came from legal activities.
Why Is Money Laundering a Problem?
Criminal Enablers: Money laundering enables criminals to enjoy the fruits of their illegal activities without raising suspicion.
Destabilizing Effects: It undermines the integrity of financial systems, weakens regulatory efforts, and can destabilize economies.
Funding Terrorism: Money laundering can also finance terrorist organizations, making it a matter of national security.
Legal and Regulatory Frameworks:
Many countries have specific laws and regulations to combat money laundering. These frameworks require financial institutions, businesses, and professionals (including solicitors) to implement preventive measures.
The United Kingdom defines money laundering as “the process by which the proceeds of crime are converted into assets which appear to have a legitimate origin, so that they can be retained permanently or recycled into further criminal enterprises..” It doesn’t necessarily involve only money; any economic good can be part of the laundering process.
This article delves into Anti-Money Laundering (AML) in the UK, focusing particularly on the responsibilities of solicitors, who are often at the forefront of transactions that could be exploited for laundering activities.
Legislative Framework
The United Kingdom is recognised as a high-risk country for money laundering and has implemented stringent regulations to combat financial crimes.
Proceeds of Crime Act 2002 (POCA) outlines the primary money laundering offenses, with severe penalties including up to 14 years imprisonment for individuals and unlimited fines for entities.
The Criminal Finances Act 2017 introduced further measures, including the corporate offense of failure to prevent tax evasion, though its enforcement has been criticised for being less rigorous.
Solicitors’ Responsibilities
Solicitors in the UK are not just legal advisors but also gatekeepers against financial misconduct. Here’s what they are expected to do:
Customer Due Diligence (CDD): Solicitors must verify the identity of clients, beneficial owners, and anyone acting on behalf of clients. This includes understanding the purpose of business relationships or transactions.
Ongoing Monitoring: They are required to monitor transactions for unusual patterns or activities that could indicate money laundering.
Risk Assessment: Firms must assess the risk of money laundering associated with their clients and services, implementing controls based on these assessments.
Training and Awareness: Continuous training for staff on AML laws and the firm’s policies is mandatory to ensure vigilance.
Record Keeping: Detailed records of client identities, transactions, and due diligence must be maintained for at least five years.
Solicitors have an ongoing duty to be vigilant and mindful of any suspicious activity throughout a transaction in relation to Money Laundering or Tax Avoidance.
What is Tax Evasion ?
Definition: Tax evasion is the illegal practice of not paying taxes that are due. This can involve under-reporting income, inflating deductions, hiding money in secret accounts, or failing to report all taxable income.
Purpose: The aim here is to reduce the amount of tax one has to pay, often by dishonest means.
Examples:
Not declaring cash income.
Not paying tax on a property sale
Deliberately understating profits or overstating expenses.
Using offshore accounts to hide income from tax authorities.
What is the Difference between Money Laundering and Tax Evasion ?
Money laundering is about legitimising illegally obtained funds. Tax evasion, on the other hand, is about avoiding payment of taxes on income or assets, whether legally or illegally obtained.
Legal Basis:
Money laundering often involves proceeds from other crimes, making it inherently linked to criminal activity.
Tax evasion can occur with legally earned income; the crime is in the act of evading taxes.
Regulatory Focus:
Money laundering laws are often aimed at combating organised crime, terrorism financing, and other serious offenses.
Tax evasion laws are focused on ensuring individuals and entities pay their fair share of taxes.
Detection and Enforcement:
Money laundering might be detected through suspicious transaction reports or financial intelligence.
Tax evasion might be uncovered through audits, discrepancies in financial records, or whistleblower information.
Money Laundering and Tax Evasion are both serious crimes and can result in significant penalties, including fines, imprisonment, or both.
Misconduct in public office is a common law offence in the United Kingdom that is defined as an individual who, being a public officer, acting in that capacity or under the pretence of such office, wilfully neglects to perform his duty and/or wilfully misconducts himself to such a degree as to amount to an abuse of the public’s trust in the office holder.
This offence carries a maximum sentence of life imprisonment and is considered to be one of the most serious offences that a public official can commit.
Where there is clear evidence of one or more statutory offences, they should usually form the basis of the case, with the ‘public office’ element being put forward as an aggravating factor for sentencing purposes.
The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales.
What is a Public Officer ?
The prosecution must have evidence to show that the suspect is a ‘public officer’. There is no simple definition and each case must be assessed individually, taking into account the nature of the role, the duties carried out and the level of public trust involved.
The courts have been reluctant to provide a detailed definition of a public officer. The case law contains an element of circularity, in that the cases tend to define a public officer as a person who carries out a public duty or has an office of trust.
It is extremely difficult to extract from the cases any general identifying features of public officers in a contemporary context. A person may fall within the meaning of a ‘public officer’ where one or more of the following characteristics applies to a role or function that they exercise with respect to the public at large:
The following have been accepted as holding a public office by the courts over several centuries:
Coroner (1675) Parker 2 Lev 140
Constable (1703) Wyatt 1 Salk 380
Accountant in the office of the Paymaster General (1783) Bembridge 3 Doug
K.B. 32
Justice of the Peace (1791) Sainsbury 4 T.R 451
Executive or ministerial officer (1819) R v Friar 1 Chit.Rep (KB) 702
Gaoler (1827) Cope 6 A%E 226
Mayor or burgess (1828) Henly v Mayor of Lyme 5 Bing 91
Magistrates Pinney (1832) 110 ER 349
Overseer of the poor (1891) Hall 1 QB 747
Army officer (1914) Whitaker 10 Cr.App.R.245
County Court registrar (district judge) (1968) Llewellyn-Jones 1 Q.B.429
Police officer (1979) Dytham 69 Cr.App.R.387
Local authority employees (1995) Bowden 4 All E.R 505
DVLA employees Att Gen’s Ref (No 140 of 2004) [2004] EWCA Crim 3525
Police Community Support Officer Amar Iqbal [2008] EWCA Crim 2066
Immigration officers John-Ayo [2009] 1 Cr App R (S) 71
Those in charge of police computer systems Gallagher [2010] EWCA Crim 3201
Nurses working within a prison Cosford [2014] QB 81
Church of England clergy James (1850) 2 Den 1, 169 ER 393 though its authority was doubted in the unreported case of Ball (8 September 2015) in which Wilkie J ruled that a Church of England Bishop was a public office holder.
Local councillor (2004) R v Speechley [2004] EWCA Crim 3067
Member of the Independent Monitoring Board for prisons (2010) R v Belton [2010] EWCA Crim 2857
The offence of misconduct in public office was first recognized by the English courts in the 18th century.
The earliest known case is that of Lord Ferrers in 1760, where he was charged with and found guilty of the murder of his steward, whom he had dismissed. Lord Ferrers was executed for his offence, and his case set the precedent for the use of the offence of misconduct in public office in cases involving abuse of power by public officials.
Elements of Misconduct in Public Office
The offence of misconduct in public office is comprised of three key elements. Firstly, the defendant must be a public officer. This includes anyone who holds public office, regardless of whether they are elected, appointed, or employed by the state.
Secondly, the defendant must have acted in their capacity as a public officer or under the pretence of such office. The courts have held that this element is satisfied if the defendant’s misconduct is in some way connected to their public office, even if it does not involve the direct exercise of their official duties.
Thirdly, the defendant must have wilfully neglected to perform their duty and/or wilfully misconducted themselves to such a degree as to amount to an abuse of the public’s trust in the office holder. The courts have held that wilfulness is an essential ingredient of this offence. This means that the defendant must have intended to neglect their duty or to act in a way that amounts to an abuse of the public’s trust.
Application of Misconduct in Public Office in Case Law
Misconduct in public office has been used in a variety of contexts, including cases involving police officers, politicians, and civil servants.
One high-profile case involving misconduct in public office is that of R v Dytham. In this case, a police officer who failed to intervene when he witnessed a murder was found guilty of this offence.
Another notable case is that of R v Chaytor, where a Member of Parliament who had claimed false expenses was found guilty of this offence.
Modern Significance of Misconduct in Public Office
The offence of misconduct in public office is still relevant in the modern legal system. In 2021, two Metropolitan Police officers were charged with misconduct in public office in connection with the investigation into the disappearance of Sarah Everard. The charges related to allegations that the officers had taken photographs of Ms. Everard’s body and shared them with others.
Misconduct in public office is a serious offence that is used in cases involving public officials who abuse their power. The offence has a long history in the UK legal system, and it remains relevant in modern times. The elements of the offence are well established, and it has been applied in a variety of contexts, including cases involving police officers, politicians, and civil servants. While the offence carries a maximum sentence of life imprisonment, the courts have been careful to ensure that it is only used in cases where the defendant’s conduct is truly egregious and amounts to a serious abuse of the public’s trust.
It is worth noting that the offence of misconduct in public office is not without controversy. Some commentators have argued that the offence is too vague and open-ended, and that it can be used to prosecute individuals for conduct that is not clearly criminal. There have also been concerns that the offence is disproportionately used against public officials, and that it is not used often enough in cases involving private sector individuals who engage in similar conduct.
Despite these criticisms, the offence of misconduct in public office remains an important tool for prosecutors in cases where public officials have abused their power. As with all criminal offences, it is important that the offence is applied in a fair and consistent manner, and that individuals are not prosecuted for conduct that does not clearly amount to an abuse of the public’s trust.
If you are facing allegations of misconduct in public office, it is important to seek legal advice as soon as possible. A qualified criminal defence lawyer can help you to understand the charges against you and develop a strategy for defending yourself in court.
The Bar Standards Board (BSB) is the regulatory body for barristers in England and Wales. It was established under the Legal Services Act 2007, which brought in sweeping changes to the way legal services were regulated in England and Wales.
The Bar Standards Board regulate the Bar in England & Wales in the public interest.
In this article, we will explore the establishment of the BSB and its role in regulating the legal profession, as well as how to make a complaint.
The Legal Services Act 2007 was a major piece of legislation that reformed the way legal services were regulated in England and Wales. Prior to the Act, the regulation of legal services was split between a number of different bodies, including the Law Society and the Bar Council. The Act established a single regulatory body for all legal services, known as the Legal Services Board (LSB). The LSB was given the power to oversee all legal regulators, including the BSB, and to set standards and enforce regulations.
Establishment of the Bar Standards Board
The Bar Standards Board was established under the Legal Services Act 2007 as an independent regulatory body for barristers in England and Wales. It became operational in January 2008, taking over the regulation of barristers from the Bar Council. The BSB’s main role is to regulate the education, training, and conduct of barristers, with the aim of maintaining the highest standards of professionalism and ethical behaviour in the profession.
The BSB is governed by a board of directors, who are responsible for setting the strategic direction of the organisation and ensuring that it fulfils its statutory obligations. The board is made up of 15 members, including barristers, lay members, and a representative of the Attorney General’s Office.
Role of the Bar Standards Board
The main role of the BSB is to regulate the education, training, and conduct of barristers in England and Wales. This includes setting standards for entry to the profession, regulating the training of barristers, and enforcing professional conduct rules.
The BSB is also responsible for ensuring that barristers are competent to practise, by setting and enforcing continuing professional development (CPD) requirements. Barristers are required to undertake a certain amount of CPD each year, in order to maintain their skills and knowledge.
The BSB also has the power to take disciplinary action against barristers who breach its rules and regulations. This can range from a simple reprimand to suspension or even disbarment. The BSB’s disciplinary process is set out in the BSB Handbook, which sets out the procedures that must be followed when making a complaint or referring a matter to the BSB.
How to report a concern to the Bar Standards Board
If you have a complaint about the conduct of a barrister, you can report a concern to the BSB. The BSB has a complaints procedure in place to ensure that complaints are dealt with fairly and efficiently.
The easiest way to report something to the Bar Standards Board is to use the Online Reporting Form.
You can also report your concern by using this Word version of the form and by sending it by email to [email protected] or by post to: The Bar Standards Board, 289-293 High Holborn, London, WC1V 7HZ.
After assessing the concern and the information provided, the action the BSB can take include:-
Giving the barrister informal advice in order to reduce the risk of the problem happening again.
Informing our Supervision Team of your concerns. They could then ask that a barrister, or an organisation, do something to improve the situation or to prevent the problem happening again.
Referring the concern to our Investigation and Enforcement Team where there is potential breach of our Handbook rules for a formal investigation to be carried out to decide if enforcement action should be taken. There are a number of possible outcomes of an investigation. See how we make enforcement decisions to find out more about enforcement decisions.
Deciding not to take any action. However, we will keep the information you have given us to inform our work in the future.
The BSB Handbook is a set of rules and regulations that govern the conduct of barristers. It sets out the standards of professionalism and ethical behaviour that barristers are expected to uphold, and the procedures that must be followed when making a complaint or referring a matter to the BSB.
BSB Handbook 4.8 sets out the rules and procedures for dealing with complaints about the conduct of barristers. It covers the requirements for making a complaint, the investigations process, and the sanctions that can be imposed if a barrister is found to have breached the BSB’s rules.
One important aspect of BSB Handbook 4.8 is the requirement for barristers to co-operate fully with any investigation into their conduct. This includes providing information and documents as requested, attending interviews, and responding to correspondence in a timely manner. Failure to co-operate fully with an investigation can result in additional sanctions being imposed.
Other points of presentation can lead to points being deducted, including swigging from water bottles, putting your hands in your pockets while addressing the judge or allowing a mobile phone to ring in the middle of a legal exercise – an offence that will cost three points.
Raza Husain KC told the Court of Appeal at the start of a four-day hearing that Rwanda was an authoritarian one-party state that did not tolerate opposition and claimed it imprisons, tortures and murders opponents.
The Bar Standards Board plays a vital role in regulating the legal profession in England and Wales and is essential for maintaining public confidence in the legal system.. It is responsible for maintaining the highest standards of professionalism and ethical behaviour among barristers, and for ensuring that they are competent to practise.
If you have a complaint about the conduct of a barrister, you can make a complaint to the BSB. The BSB has a complaints procedure in place to ensure that complaints are dealt with fairly and efficiently. The BSB Handbook 4.8 sets out the rules and procedures for making a complaint, and for dealing with investigations and sanctions.
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