Author: Dom Watts

Dom Watts founded the Ministry of Injustice in July 2021. Dom is an IT Professional with 30+ years experience in Tier 1 Banking, Government, Defence, Healthcare and Global Blue Chips. Dom has no legal training and is not a lawyer but has previously consulted for a Magic Circle Law Firm. You can find Dom on X or Google.

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

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

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

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

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

Dom on BBC Working Lunch

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Policing

What is a Police and Crime Commissioner and a Police and Crime Panel ?

Police and Crime Commissioner and a Police and Crime Panel

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.

Police and Crime Commissioners – Electoral Commission
  • 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

  1. 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.
  2. 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.
  3. 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.
  4. 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).

Legislation

The Police Reform and Social Responsibility Act 2011 outlines the functions and responsibilities of PCCs.

Under the terms of the 2011 Act, PCCs must:

  • 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.

If you think your PCC has broken the law, the panel will refer your case to the Independent Office for Police Conduct (IOPC). You can also contact the IOPC directly.

What is the Role of the Police and Crime Panel ?

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.

In Sussex, for example, the Sussex Police and Crime Panel meets a minimum of four times a year.

According to Paragraph 24 of The Policing Protocol Order 2023, a Police and Crime Panel have the following powers :

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;

(c) the power to ask His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (“HMICFRS”) for a professional view when the PCC intends to dismiss a 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.

Under the Police (Complaints and Misconduct) Regulations 2020, the Police and Crime Commissioner has responsibility for carrying out reviews, where they are the relevant review body for low-level complaints against the Police (known as Schedule 3 Complaints – Otherwise by Investigation’ under the Police Reform Act 2002).

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.

Check out our articles on Chief Constable Jo Shiner Sussex Police, Sussex Police, Policing, Police News, Policing by Consent, Two Tiered Policing, Wasting Police Time and the highly questionable Sussex Family Justice Board.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

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Legal Analysis Legal Professionals

Law Society of England and Wales

Law Society of England and Wales

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. Junior Solicitors Network: For junior solicitors navigating the early stages of their careers, this network offers support, camaraderie, and a safe space to discuss pressing issues.

The Law Society does not provide legal advice.

The Law Society publishes the official database of 201,691 legal professionals on the Find a Solicitor page on its website

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Check out our related articles on Law Commission, Solicitors, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, Rule of Law, Open Justice and the highly questionable Sussex Family Justice Board.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

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Legal Analysis Legal Professionals

Bar Council of England and Wales

Bar Council of England and Wales

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 slogan on their logo is “Justice For All”

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).

Bar Council of England and Wales – About Us

The Secret Barrister and the BlackBelt Barrister are well known Barristers of England and Wales.

Here’s a detailed overview:

  • 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.

Bar Council – About the Bar

Barristers are specialist legal advisers and court room advocates which are independent, objective and trained to advise clients on the strengths and weaknesses of their case.

The Bar Council plays a crucial role in maintaining the integrity and standards of the legal profession, ensuring that barristers adhere to a code of conduct that upholds the principles of justice, independence, and professionalism.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Check out our related articles on Barristers, Direct Access Barrister, Barristers Behaving Badly, Bar Tribunal and Adjudication Services, The Secret Barrister, Bar Standards Board, Inns of Court, Council of the Inns of Court, Rule of Law, Open Justice, Law Commission, Law Society and the highly questionable Sussex Family Justice Board.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

Latest Articles

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Categories
Legal Analysis Legal Professionals

What is Anti Money Laundering (AML)

Money Laundering

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:

  1. 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.
  2. 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.
  3. 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.

The cornerstone of Anti Money Laundering (AML) legislation in the UK is the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, which have been amended over time to address evolving threats. These regulations, alongside the Proceeds of Crime Act 2002 (POCA), form the basis of legal obligations for businesses, including law firms.

  • 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.
  • Reporting Suspicious Activity: Solicitors must report any suspicions of money laundering or terrorist financing to the National Crime Agency via Suspicious Activity Reports (SARs).
  • 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.

Check out our related articles on Fraud and the Justice System, Solicitors, Rule of Law, Open Justice, Innocent until Proven Guilty and the highly questionable Sussex Family Justice Board.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

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Categories
Law Legal Analysis

Misconduct in Public Office

crown prosecution service

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: 

  • Judicial or quasi-judicial
  • Regulatory
  • Punitive
  • Coercive
  • Investigative
  • Representative (of the public at large)
  • Responsibility for public funds 
CPS Misconduct in Public Office

Types of Public Office

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 
CPS Misconduct in Public Office

History of Misconduct in Public Office

The offence of misconduct in public office was first recognized by the English courts in the 18th century.

The earliest known case is that of Lord Ferrers in 1760, where he was charged with and found guilty of the murder of his steward, whom he had dismissed. Lord Ferrers was executed for his offence, and his case set the precedent for the use of the offence of misconduct in public office in cases involving abuse of power by public officials.

Elements of Misconduct in Public Office

The offence of misconduct in public office is comprised of three key elements. Firstly, the defendant must be a public officer. This includes anyone who holds public office, regardless of whether they are elected, appointed, or employed by the state.

Secondly, the defendant must have acted in their capacity as a public officer or under the pretence of such office. The courts have held that this element is satisfied if the defendant’s misconduct is in some way connected to their public office, even if it does not involve the direct exercise of their official duties.

Thirdly, the defendant must have wilfully neglected to perform their duty and/or wilfully misconducted themselves to such a degree as to amount to an abuse of the public’s trust in the office holder. The courts have held that wilfulness is an essential ingredient of this offence. This means that the defendant must have intended to neglect their duty or to act in a way that amounts to an abuse of the public’s trust.

Application of Misconduct in Public Office in Case Law

Misconduct in public office has been used in a variety of contexts, including cases involving police officers, politicians, and civil servants.

One high-profile case involving misconduct in public office is that of R v Dytham. In this case, a police officer who failed to intervene when he witnessed a murder was found guilty of this offence.

Another notable case is that of R v Chaytor, where a Member of Parliament who had claimed false expenses was found guilty of this offence.

Modern Significance of Misconduct in Public Office

The offence of misconduct in public office is still relevant in the modern legal system. In 2021, two Metropolitan Police officers were charged with misconduct in public office in connection with the investigation into the disappearance of Sarah Everard. The charges related to allegations that the officers had taken photographs of Ms. Everard’s body and shared them with others.

Conclusion

Misconduct in public office is a serious offence that is used in cases involving public officials who abuse their power. The offence has a long history in the UK legal system, and it remains relevant in modern times. The elements of the offence are well established, and it has been applied in a variety of contexts, including cases involving police officers, politicians, and civil servants. While the offence carries a maximum sentence of life imprisonment, the courts have been careful to ensure that it is only used in cases where the defendant’s conduct is truly egregious and amounts to a serious abuse of the public’s trust.

It is worth noting that the offence of misconduct in public office is not without controversy. Some commentators have argued that the offence is too vague and open-ended, and that it can be used to prosecute individuals for conduct that is not clearly criminal. There have also been concerns that the offence is disproportionately used against public officials, and that it is not used often enough in cases involving private sector individuals who engage in similar conduct.

Despite these criticisms, the offence of misconduct in public office remains an important tool for prosecutors in cases where public officials have abused their power. As with all criminal offences, it is important that the offence is applied in a fair and consistent manner, and that individuals are not prosecuted for conduct that does not clearly amount to an abuse of the public’s trust.

If you are facing allegations of misconduct in public office, it is important to seek legal advice as soon as possible. A qualified criminal defence lawyer can help you to understand the charges against you and develop a strategy for defending yourself in court.

Relevant Links:

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

Latest Articles

All articles can be found in the Sitemap or Legal Blog pages.

Categories
Legal Analysis Legal Professionals

Bar Standards Board

bar standards board (bsb)

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 Secret Barrister and the BlackBelt Barrister are well known Barristers of England and Wales.

Legal Services Act 2007

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 contactus@barstandardsboard.org.uk 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.
Reporting concerns about barristers Bar Standards Board (BSB)

BSB Handbook 4.8

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.

Misconduct by a King’s Council (KC) Barrister ?

Whilst watching AAA & others v The Secretary of State for the Home Department on the Court of Appeal Civil Division Court 73 YouTube Channel, I wondered :-

Is it normal practice for an experienced barrister, such as Raza Husain KC, to

  1. Have their hands in their pockets when addressing a judge ?
  2. Not look at the judge who has asked the question when giving a reply ?

In this case The Lord Chief Justice, The Master of the Rolls and Vice President of the Court of Appeal, Civil Division. This behaviour seems very rude and disrespectful.

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.

Trainee barristers told they will be marked down…. The Guardian

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.

Asylum seekers launch appeal to overturn High Court’s decision that plans to send migrants to ‘authoritarian one-party’ Rwanda are lawful Daily Mail

Conclusion

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.

Check out our related articles on Barristers, Direct Access Barrister, Bar Council, Bar Tribunal and Adjudication Services, Barristers Behaving Badly, The Secret Barrister, Inns of Court, Council of the Inns of Court, Rule of Law, Open Justice, Law Commission, Law Society and the highly questionable Sussex Family Justice Board.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

Latest Articles

All articles can be found in the Sitemap or Legal Blog pages.

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Is the Secret Barrister not a Barrister of England and Wales ?

Secret Barrister Not a Barrister ?

A complaint was made to the Bar Standards Board about The Secret Barrister on the 8th August 2024.

On the 13th August 2024, The Bar Standards Board replied “…It is possible the person may not even be a barrister”

Update 23rd August 2024 – Paul Embery wrote an article Crossing swords with the ‘Secret [and very intolerant] Barrister’

The Secret Barrister should not be confused with the BlackBelt Barrister.

A Google Search for The Secret Barrister shows that they are an Award-winning Sunday Times No.1 bestselling author much lauded by the public and legal profession.

The Secret Barrister states on their Secret Barrister website….

“The Secret Barrister is a junior barrister specialising in criminal law, and part-time author and blogger.”

The Secret Barrister also state (correctly) that they have won an award from the Law Society.

“In 2018, the Secret Barrister was named Legal Personality of The Year at the Law Society Awards.”

“In 2020, Channel 4 News produced a four-part documentary series, The Secret Barrister: Disordered Justice.” The series can be viewed here.

Since 2015, a barrister practising criminal law in the UK started blogging and tweeting under the pseudonym ‘The Secret Barrister’.

The Secret Barrister – Legal 500

The Secret Barrister regularly posts on X (formerly Twitter) and they have a blue tick which shows that they are verified and a criminal lawyer.

Seems a bit odd that the Bar Standards Board don’t think the Secret Barrister is a Barrister !

If the Secret Barrister is not a Barrister then surely this should be of concern to the Bar Standards Board ? This would also be an offence under the Legal Services Act 2007 ?

It is highly likely that The Bar Standards Board know  :-

  1. The identity of the Secret Barrister
  2. That the Secret Barrister is a barrister regulated by the Bar Standards Board

The Secret Barrister is, contrary to the email from the Bar Standards Board Contact and Assessment Team, most definitely identifiable and should be subject to proper investigation in the public interest.

The Bar Standards Board Corporate Services Team have been asked to explain. They have 20 working days to do so.

From: BSB Contact Us <contactus@barstandardsboard.org.uk>
Sent: Tuesday, August 13, 2024 2:48 PM
To: Dom Watts
Subject: RE: Reporting a concerns about a practising barrister (The Secret Barrister) 2024/1910

Dear Mr Watts

Thank you for your email and for sharing your concerns with us.

However, we are only able to deal with matters about a barrister that is identifiable, and it is the reporter’s responsibility to provide us with the name. It is possible the person may not even be a barrister; therefore, we will not be able to assess this matter further and the case is now closed in our system. If you want to make a report in the future, you will need to provide us with the name of the barrister and evidence of your concern.

We are sorry that we are unable to help at this time.

Kind regards,  

Contact and Assessment Team

Bar Standards Board

Email: Contactus@BarStandardsBoard.org.uk

www.barstandardsboard.org.uk

Bar Standards Board Email – Secret Barrister
Blocked by The Secret Barrister on X

Is The Secret Barrister Lyndon Harris of 6KPW Barrister Chambers ?

Check out our related articles on The Secret Barrister, Barristers, Direct Access Barrister, Barristers Behaving Badly, Inns of Court, Council of the Inns of Court, Bar Standards Board, Bar Tribunal and Adjudication Services, Bar Council, Rule of Law, Open Justice, Innocent until Proven Guilty and the highly questionable Sussex Family Justice Board.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

Latest Articles

All articles can be found in the Sitemap or Legal Blog pages.

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Legal Professionals

The Secret Barrister

The Secret Barrister

The Secret Barrister is an anonymous junior barrister practicing criminal law in England and Wales. Through a series of books and a popular blog, this enigmatic figure has shed light on the intricacies and flaws of the UK’s legal system, making complex legal issues accessible to the general public.

The Secret Barrister should not be confused with the BlackBelt Barrister.

Update 19th August 2024 – Is the Secret Barrister not a Barrister of England and Wales ?

Update 23rd August 2024 – Paul Embery wrote an article Crossing swords with the ‘Secret [and very intolerant] Barrister’

Who is The Secret Barrister ?

The identity of The Secret Barrister remains unknown to the public, but everyone loves a good mystery and a healthy whodunnit !

Despite various speculations and attempts to uncover their identity, they have successfully maintained their anonymity until now. The Secret Barrister was described as a junior barrister specialising in criminal law, aged between 30 and 40, and not an Oxbridge graduate. They have also been described as a lefty lawyer.

The Secret Barrister stated on X that the question : Is Keir Starmer The Secret Barrister ? kept recurring.

There may be a clue to the identity of The Secret Barrister online with many people saying it is Lyndon Harris !

Mr Lyndon John Harris is listed on the register at the Bar Standards Board website. He was called to the Bar in Jul 2010. His Inn of Court is Gray’s Inn.

Lyndon John HARRIS was a Director of PRIMUS LEGAL MEDIA CONSULTANTS LTD (08870530).

Is The Secret Barrister Lyndon Harris of 6KPW Barrister Chambers ?

Who do you think The Secret Barrister is ? Will the Bar Standards Board reveal who they are ⬇

The Secret Barrister and a “Moron”

On the 7th August 2024 in response to a tweet by Alex Armstrong, The Secret Barrister replied publicly “You are a moron….”.

The Secret Barrister – You are a moron

In a now deleted tweet (due to continued abusive language), I asked if this behaviour was in breach of CD5 of the Bar Standards Board Code of Conduct.

CD5 You must not behave in a way which is likely to diminish the trust and confidence which the public places in you or in the profession

Bar Standards Board Code of Conduct

The Secret Barrister replied “Suck it up, buttercup. It’s called free speech. I understand your sort are very keen on it.“

The Secret Barrister – Suck it up, buttercup

The term moron is now widely accepted as being dated and offensive.

A person affected with mild intellectual disability

The terms idiot, imbecile, moron, and their derivatives were formerly used as technical descriptors in medical, educational, and regulatory contexts. These uses were broadly rejected by the close of the 20th century and are now considered offensive.

Miriam Webster definition of moron

“Name calling” is also widely considered to be a form of bullying and harassment. I believe it’s also illegal !

Hardly the behaviour of a Barrister of England and Wales. It displays wanton arrogance and a rules don’t apply to me attitude.

The Secret Barrister may have friends in high places and be an expert in law, however no one is above the law. Thanks for reminding me about free speech.

The Secret Barrister has been reported to the Bar Standards Board to investigate :-

You can also report behaviour by a barrister to us even if you were not their client. For example, you can make a report about barristers who may be:

……behaving in a way which is likely to diminish the trust and confidence which the public places in them or in the profession – for example if they are bullying or harassing someone or using racist, sexist, or otherwise seriously offensive language either in person or on social media.

Reporting concerns about barristers – Bar Standards Board
Barrister Alan Robertshaw discusses Barristers and behaviour on Social Media

From: Dom Watts
Sent: Thursday, August 8, 2024 10:25 AM
To: contactus@barstandardsboard.org.uk
Subject: Reporting a concerns about a practising barrister (The Secret Barrister)
Importance: High

Dear Bar Standards Board

I wish to report a barrister ( The Secret Barrister) for a breach of CD5 and behaving in a way which is likely to diminish the trust and confidence which the public places in them or in the profession –bullying / harassing someone using seriously offensive language either in person or on social media.

I am unable to use your online reporting form as I do not have the details for The Secret Barrister. I’m sure you know who they are !

Can you confirm that they are a practising barrister and regulated by you ?

I believe that sending my concern by email is allowed by your Reasonable Adjustments Policy. If not, could you please provide their full name and chambers so I can complete your online form ?

Regards

Email to the Bar Standards Board with concerns about The Secret Barrister

The Secret Barrister on YouTube

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Books by The Secret Barrister

  1. The Secret Barrister: Stories of the Law and How It’s Broken (2018)
    • This debut book provides a critical first-hand account of the criminal justice system in England and Wales. It highlights the systemic issues and underfunding that plague the legal system, using real-life cases to illustrate these points.
  2. Fake Law: The Truth About Justice in an Age of Lies (2020)
    • In this follow-up, The Secret Barrister tackles the misinformation and myths surrounding the legal system. The book debunks common misconceptions and explains how these falsehoods can harm justice and society.
  3. Nothing But The Truth: Stories of Crime, Guilt and the Loss of Innocence (2022)
    • This memoir tracks the author’s journey from a novice barrister to a celebrated legal commentator. It combines personal anecdotes with broader reflections on the state of the legal profession and the justice system.

Themes and Impact

The Secret Barrister’s works are known for their candid and often critical perspective on the legal system. Key themes include:

  • Access to Justice: Highlighting the barriers that prevent ordinary people from accessing legal representation.
  • Legal Aid Cuts: Criticizing the impact of funding cuts on the quality of legal defense available to defendants.
  • Systemic Failures: Exposing the daily failures within the courts that undermine justice.

Online Presence and Resources

The Secret Barrister also maintains a blog and an active X presence, where they continue to discuss legal issues and engage with the public. Here are some useful links:

Conclusion

The Secret Barrister has played a crucial role in demystifying the legal system for the public. Through their books and online presence, they continue to advocate for a fairer, more transparent justice system. Whether you’re a legal professional or simply interested in understanding how the law works, The Secret Barrister’s insights are invaluable.

Latest Blog Posts from thesecretbarrister.com

Check out our related articles on Barristers, Direct Access Barrister, Barristers Behaving Badly, Inns of Court, Council of the Inns of Court, Bar Standards Board, Bar Tribunal and Adjudication Services, Rule of Law, Open Justice, Innocent until Proven Guilty and the highly questionable Sussex Family Justice Board.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

Latest Articles

All articles can be found in the Sitemap or Legal Blog pages.

Categories
Legal Professionals

BlackBelt Barrister

blackbelt barrister youtube

Daniel ShenSmith is a practising Barrister and Mediator who is also known as the BlackBelt Barrister.

“I am a Barrister of England and Wales who helps you understand law”

Daniel ShenSmith BlackBelt Barrister Youtube

The BlackBeltBarrister YouTube channel provides free legal guidance and explains the different aspects of law, legal principles, and procedures. As of the 20th August 2024, the Black Belt Barrister has 533k subscribers.

The BlackBelt Barrister should not be confused with the Secret Barrister.

Black Belt Barrister is not a replacement for formal legal advice but it is highly informative and may help you to understand more about the law.

BlackBeltBarrister is a registered trademark.

Highly Recommended ★★★★★

Latest BlackBelt Barrister YouTube Videos

Prince Harry's WILD Claims!

Prince Harry made serious allegations against the Sun, but couldn't provide any detail - here's what happened...

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IMPORTANT DISCLAIMER:
I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein. Description may contain affiliate or sponsored links, for which we may receive commissions or payment.[+] Show More
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Check out our related articles on Barristers, Direct Access Barrister, Bar Standards Board, Bar Council, The Secret Barrister, Barristers Behaving Badly, Rule of Law, Open Justice, Innocent until Proven Guilty and the highly questionable Sussex Family Justice Board.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

Latest Articles

All articles can be found in the Sitemap or Legal Blog pages.

Categories
Legal Professionals

Barristers

Barristers

A barrister is anyone who has been called to the Bar in England and Wales. For a barrister to offer a full range of legal services (including what are known as “reserved legal activities”) a barrister must also be authorised to practise.

These barristers are recorded on the Barristers’ Register which records their practising status and address, the reserved legal activities they are authorised to undertake and whether they have been the subject of any disciplinary findings.

Barristers who are not authorised to practise are allowed to provide a more limited range of legal services but they must not refer to themselves as barristers in doing so.

Should a barrister that commits fraud be prosecuted and disbarred ?
Would this criminality and dishonesty diminish the trust and confidence which the public places in the profession ?

CI5

Called to the Bar is the symbolic barrier separating the public from those admitted to the well of the Court.

Role of a Barrister

A barrister is a legal professional who specializes in court advocacy and provides independent legal advice to clients. Here are key points about their role:

  • Court Advocacy: Barristers represent clients in court proceedings, both in defense and prosecution. They present arguments, cross-examine witnesses, and make legal submissions.
  • Independent Advice: Clients can directly instruct barristers without involving a solicitor. Barristers offer expert advice on case merits, potential outcomes, and legal strategies.
  • Self-Employed: Most barristers are self-employed and work from chambers. However, some may work in government agencies or private organizations.

Practice Areas

Barristers work across various legal practice areas. Some common ones include:

  • Criminal Law: Representing clients in criminal trials, appeals, and sentencing hearings.
  • Family Law: Handling divorce, child custody, and financial disputes.
  • Commercial Law: Advising on business contracts, disputes, and corporate matters.
  • Employment Law: Dealing with workplace disputes, discrimination claims, and employment contracts.
  • Personal Injury: Representing clients in accident claims and compensation cases.
  • Property Law: Assisting with property transactions, disputes, and landlord-tenant matters.

Qualifications

To become a barrister in England and Wales, follow these steps:

  1. Qualifying Law Degree: Obtain an LLB Law degree or a non-law degree followed by a conversion course (such as the Postgraduate Diploma in Law or Master of Arts in Law).
  2. Bar Practice Course (BPC): Complete the BPC, a postgraduate course that prepares graduates for barrister practice. Passing the BPC is a prerequisite for the final stage of training called pupillage.

Essential Skills

Barristers need a diverse skill set:

  • Communication: Ability to interact with various people effectively.
  • Analytical Thinking: Logical approach to problem-solving.
  • Advocacy: Representing clients’ interests persuasively in court.
  • Attention to Detail: Crucial for legal research and case preparation.
  • Time Management: Juggling multiple cases efficiently.
  • Commercial Awareness: Understanding business and industry contexts.

In summary, barristers are legal advocates who specialise in court representation and provide vital legal advice. Whether in criminal trials, family disputes, or commercial matters, their expertise ensures justice and fairness in the legal system.

Check out our articles on Direct Access Barristers, Bar Council, Barristers Behaving Badly, Bar Tribunal and Adjudication Services, The Secret Barrister, Four Inns of Court, Council of the Inns of Court, Bar Standards Board, Bar Standards Board Justice ?, Rule of Law and the highly questionable Sussex Family Justice Board.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie

“He is awful, underhanded and should not be practising law!”

“She is a one-woman legal A Team”

Latest Articles

All articles can be found in the Sitemap or Legal Blog pages.

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