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Legal Analysis Legal Professionals

Law Commission of England and Wales

The Law Commission of England and Wales stands as a cornerstone of legal reform in the United Kingdom, tasked with the continuous review and recommendation of changes to the law to ensure it remains fair, modern, simple, and cost-effective. Established by the Law Commissions Act 1965, this independent body operates under the umbrella of the Ministry of Justice but conducts its work with autonomy, aiming to streamline and update the legal framework for the benefit of society.

The Law Commission Slogan is “Reforming the Law”

Purpose and Function

  • Law Review: The primary function of the Law Commission is to keep the law under review. This involves identifying areas where the law might be outdated, complex, or inefficient, and suggesting reforms.
  • Public Consultation: Before finalizing recommendations, the Commission engages in extensive public consultation. This democratic process ensures that stakeholders, from legal professionals to the general public, have an opportunity to influence the law’s direction.
  • Recommendations and Legislation: Following consultation, the Commission submits its recommendations to Parliament. These recommendations often lead to new legislation or amendments to existing laws, demonstrating the Commission’s significant impact on legal policy.
  • Projects: The Commission’s work spans across various legal domains including criminal law, property law, family law, among others. Each project is carefully selected based on necessity, impact, and feasibility.

From time to time we consult widely to help us draw up a new programme of law reform. The Law Commissions Act 1965 requires the Commission to submit “programmes for the examination of different branches of the law” to the Lord Chancellor for his approval before undertaking new work.

Before deciding which projects to take forward, the Law Commission takes views from judges, lawyers, Government Departments, the voluntary and business sectors, and the general public.

We also take on projects that are referred to us by Government Departments.

How We Work – The Law Commission

Structure and Governance

The Commission is led by a Chairman, currently Sir Peter Fraser, supported by four Commissioners, a Chief Executive, Non-Executive Board Members, and a team that includes legal experts, policy analysts, and research staff. This structure facilitates a multidisciplinary approach to law reform, ensuring that legal changes are both practical and theoretically sound.

  • Independence: While sponsored by the Ministry of Justice, the Commission’s independence is crucial. It operates free from political interference, allowing for impartial law reform.
  • Funding and Approval: The Law Commission’s work programs are approved by the Lord Chancellor, but day-to-day operations and project decisions remain within the Commission’s purview.

The Law Commission’s work is often behind the scenes but profoundly impacts everyday legal practices and public policy. Approximately 70% of its recommendations have been enacted or accepted by the government, showcasing its effectiveness in driving legal reform.

Public Perception and Engagement

Public engagement with the Law Commission’s initiatives, as reflected from discussions online, shows a mix of support for its efforts towards transparency and modernisation, alongside criticisms or concerns regarding specific reforms or government interactions with its recommendations. This dialogue underscores the Commission’s role not just as a reformer but also as a bridge between the public and the legal system.

Contact the Law Commission

Phone:  020 3334 0200
Email:  Enquiries@lawcommission.gov.uk
X (Twitter): @Law_Commission
Fax:  020 3334 0201
Address:  1st Floor, Tower, 52 Queen Anne’s Gate, London SW1H 9AG

The Law Commission publish the latest news on their website.

The Law Commission of England and Wales is more than just a body for legal reform; it represents the evolving nature of law in response to societal changes. By continuously reviewing and suggesting changes, it plays a vital role in ensuring that the legal system remains relevant, accessible, and just. For anyone interested in the mechanics of law-making or the evolution of legal thought, understanding the Law Commission provides insight into how laws are not just created but are continuously refined for the contemporary world.

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

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


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

‘Justice delayed is justice denied’

 William Ewart Gladstone

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

Categories
Legal Analysis Legal Professionals

Council of the Inns of Court (COIC)

The Council of the Inns of Court (COIC), established as a charitable organization in 2014, plays a pivotal role in the legal community of the United Kingdom by overseeing professional standards and advocacy training for barristers. Based in London, COIC operates under the aegis of four historic Inns of CourtLincoln’s Inn, Inner Temple, Middle Temple, and Gray’s Inn, each of which has its roots deeply embedded in centuries of legal tradition.

Structure and Leadership

The COIC is governed by a board comprising distinguished members from the legal field, including Anne Sharp CBE, Greg Dorey CVO, Christopher Ghika KCVO CBE, Marion Smith KC, and Brigadier Stephen Cartwright OBE. This diverse leadership reflects the Council’s commitment to a broad spectrum of legal expertise and administrative oversight. The recent appointment of Andy Russell as the new Director of COIC in August 2024 marks a new chapter in its operational direction, following the commendable tenure of his predecessor, James Wakefield.

  • The Rt. Hon. Lord Justice Green (President)
  • Janet Bignell KC, Lincoln’s Inn
  • Anne Sharp CBE, Under Treasurer of Lincoln’s Inn
  • Judge Jill Frances, Inner Temple
  • Greg Dorey CVO, Sub-Treasurer of the Inner Temple
  • Chantal-Aimee Doerries KC, Middle Temple
  • Christopher Ghika KCVO CBE, Under Treasurer of Middle Temple
  • Marion Smith KC, Gray’s Inn
  • Brigadier Stephen Cartwright OBE, Under Treasurer of Gray’s Inn
Current Board members of the Council of the Inns of Court

Operational Arms

Under the COIC’s umbrella, two significant bodies operate:

  • The Bar Tribunal and Adjudication Service (BTAS): This entity manages the disciplinary proceedings for barristers. It’s responsible for ensuring that members of the bar adhere to the highest standards of professional conduct. Recent updates to the sanctions guidelines by BTAS reflect a meticulous review of disciplinary practices, aiming for consistency and fairness in legal accountability.
  • The Inns of Court College of Advocacy (ICCA): Committed to educational excellence, ICCA provides training not just for barristers but also for future legal professionals. Its focus on advocacy skills and professional ethics positions it as a hub for legal education, with initiatives like the ICCA Bar Course, which is validated by King’s College London, underscoring its academic rigor.

Mission and Impact

COIC’s mission is rooted in promoting the rule of law through advocacy excellence. By facilitating training, setting standards, and responding to legal consultations, COIC influences the broader legal landscape beyond the immediate confines of the Inns. Its efforts ensure that advocacy remains a cornerstone of justice, with a commitment to high ethical standards.

Founded by the Inns of Court, COIC works with them in strengthening the rule of law through excellence in professional and ethical education and in maintaining the highest standards of professional conduct. In practice this means that COIC will seek to promote:

• excellence in advocacy and professional knowledge
• ethical practice and integrity
• an accessible, diverse, and inclusive profession
• a collaborative profession.

Statement of purposeCouncil of the Inns of Court

Historical Context and Cultural Significance

The Inns of Court, where COIC is deeply integrated, have historical ties not only to legal education but also to cultural and theatrical activities during the English Renaissance. This rich heritage underscores the COIC’s role not just as a regulatory body but as a custodian of legal tradition and culture.

The Council of the Inns of Court, through its structured governance, educational initiatives, and disciplinary oversight, continues to be a vital institution for the legal profession in the UK. Its operations ensure that the legal practitioners are not only well-trained but also held to a standard that upholds the integrity of the law.

As the COIC moves forward under new leadership, its role in shaping the future of advocacy and legal ethics remains as crucial as ever, maintaining the delicate balance between tradition and modernity in the legal world.

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

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


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

‘Justice delayed is justice denied’

 William Ewart Gladstone

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

Categories
Legal Analysis

What is Harassment ?

In R v O’Neill [2016] EWCA Crim 92, [2016] the Court of Appeal (Lord Justice Gross) had to determine what kinds of breach of a Family Law Act 1996 (FLA) non-molestation order might constitute an offence.

The single Ground of Appeal was that the Judge misdirected the jury as to the definition of harassing conduct.

Offence of breaching non-molestation order

(1) A person who without reasonable excuse does anything that he is prohibited from doing by a non-molestation order is guilty of an offence.

(2 )In the case of a non-molestation order made by virtue of section 45(1), a person can be guilty of an offence under this section only in respect of conduct engaged in at a time when he was aware of the existence of the order.

(3) Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court.

(4) A person cannot be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court.

(5) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not exceeding [the general limit in a magistrates’ court], or a fine not exceeding the statutory maximum, or both.

(6) A reference in any enactment to proceedings under this Part, or to an order under this Part, does not include a reference to proceedings for an offence under this section or to an order made in such proceedings.

Family Law Act 1996 Section 42A

When a court order is breached it is normally dealt with as contempt of court. In relation to a non-molestation orders made under the Family Law Act 1996, it is a criminal offence to breach such an order

According to the Sentencing Council guidelines Breach of a protective order (restraining and non-molestation orders), a breach of a Non Molestation Order is :-

Triable either way (Note: the maximum sentence in magistrates’ courts for breach of a restraining order imposed under section 360 of the Sentencing Code is 6 months’ custody)

Maximum: 5 years’ custody
Offence range: Fine – 4 years’ custody

Breach of a protective order (restraining and non-molestation orders) – Sentencing Council

Triable either way means a criminal offence which can be tried in either the magistrates’ court or the Crown Court. The standard of proof required in a criminal case being higher than that required by civil courts.

The Protection from Harassment Act 1997 is an act of the Parliament of the United Kingdom to make provision for protecting persons from harassment and similar conduct. You may be interested in our article on Stalking and Harassment.

On the 9th January 2015 HHJ Dodgson during the original trial (at pp. 7 8 of the Transcript of the summing-up) and R v O’Neill [2016] EWCA Crim 92, [2016] Para 8 gave the direction :-

“What does ‘harassing’ mean? Harassment means causing alarm or distress. Intimidation has its ordinary meaning. I’m not going to try and define that anymore. It’s an ordinary English word. You’re quite capable of discerning amongst you what that means.

Now, we’ve also got the word ‘pestering’ in the indictment. .I direct you that in the circumstances of this case, pestering is not something that you need concern yourself with. That is not to say that the Crown say there was no pestering. They may well say that there was, of sorts, but it does not fit within a particular legal capsule, if I can put it in that way ..It would require a course of action. ..in these circumstances, just really cross out ‘pestering’. You’re going to be considering: were these communications harassing or intimidating .?”

R v O’Neill [2016] EWCA Crim 92, [2016] Para 8

The Court of Appeal R v O’Neill [2016] EWCA Crim 92, [2016] states at Para 39 :-

Pulling the threads together:
i) We respectfully agree with and adopt the opening lines of this passage from Blackstone as providing a concise, working understanding of “harassment”; thus, to repeat:
“The definition provided by s.7 is clearly inclusive and not exhaustive ‘Harassment’ is generally understood to involve improper oppressive and unreasonable conduct that is targeted at an individual and calculated to produce the consequences described in s.7. By s.1(3) of the Act reasonable and/or lawful courses of conduct may be excluded.”
ii) Harassment, within the meaning of the Order, cannot simply be equated with “causing alarm or distress”.
iii) The danger of doing so is that not all conduct, even if unattractive, unreasonable and causing alarm or distress, will be of an order justifying the sanction of the criminal law.
iv) Here, the Judge’s direction ought to have included a reference to the jury needing to be sure that the conduct was oppressive, not merely causing alarm or distress.
v) Some such further wording, dealing with the element or ingredient of oppressive conduct, would have served to focus the jury’s mind on the distinction between criminal conduct and conduct (however unpleasant) falling short of attracting criminal liability.
vi) Accordingly, there was a misdirection in this case as to the meaning of the word “harass” in the Order.

R v O’Neill [2016] EWCA Crim 92, [2016] Para 39

The Court of Appeal R v O’Neill [2016] EWCA Crim 92, [2016] states at Para 44 :-

In the circumstances, we are driven to allow the appeal

R v O’Neill [2016] EWCA Crim 92, [2016] Para 44

In an article on the 25 Bedford Row Barrister Chambers website New Guidance on the Meaning of Harassment :-

The criminal law does not and should not criminalise all forms of unpleasant or offensive behaviour, even that which occurs in a domestic setting. Rather, it exists to police conduct so serious that the resources of the state are required to intervene, punish and prevent such behaviour. That line is now drawn quite plainly following this judgment.

New Guidance on the Meaning of Harassment – 25 Bedford Row

Jonathan Herring is a Professor of Law, Exeter College, Oxford University (jon.herring@law.ox.ac.uk) and he wrote an article Defining Harassment.

No5 Barristers Chambers published Conviction quashed – guidance on meaning of harassment in s42A Family Law Act offence of molestation.

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


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

‘Justice delayed is justice denied’

 William Ewart Gladstone

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

Categories
Rogues

Peter Lamb MP

Peter Lamb was elected as MP for Crawley at the General Election on the 4th July 2024. The count took place overnight on 4th/5th July and the results were announced in the early morning of 5th July.

Peter Lamb received 17453 votes which equates to 38% of the vote. Turnout was 61%. The Election results for Crawley Constituency are published on the Crawley Borough Council website.

There was fury as Labour MP Peter Lamb posted on X that OAPs have a ‘choice’ over whether to put the heating on after winter fuel payments cut from 10 million elderly people.

If people choose not to put the heating on after several above inflation increases in the state pension then that’s their choice. Anyone who genuinely needs the payment to afford it will still get it. Overall pensioners will benefit more from NHS capacity than extra cash.

Peter Lamb – Winter Fuel Allowance on X

The post was deleted but it remains forever in the Internet Archive Wayback Machine.

Labour MP Peter Lamb deletes tweets saying it’s older people’s “choice” not to put heating on

After a huge backlash about his comments on the Winter Fuel Allowance, Peter Lamb posted on X that he “I’d like to apologise” but couldn’t bring himself to say sorry.

Peter Lamb MP “apology” over comments on the Winter Fuel Allowance

I’d like to apologise for a comment I made on X earlier this week regarding the changes to Winter Fuel Payments. It was never my intention to cause offence, and in hindsight my comments were clearly misjudged.

As the proud MP for Crawley it is my absolute priority to support the most vulnerable in our community, and pensioners in my constituency can be reassured I’ll be doing everything I can to support them during the winter months.

Peter Lamb MP

Peter Lamb MP “I’d like to apologise” but can’t bring myself to say sorry.

Peter Lamb MP can be contacted :-

House of Commons
London
SW1A 0AA

Email: peter.lamb.mp@parliament.uk

The House of Commons voting record of Peter Lamb is published on the Parliament website.

You can check any donations and freebies Peter Lamb has registered on the Register of Members’ Financial Interests.

Peter Lamb is my local MP. He was emailed on the 10th September 2024 in relation to Chief Constable Jo Shiner of Sussex Police Retire and Rejoin but has not bothered to reply.

Fair dealing for criticism, review or quotation is allowed for any type of copyright work. All sources acknowledged

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


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

‘Justice delayed is justice denied’

 William Ewart Gladstone

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

Categories
Criminal Justice Policing

Drug Dealing on the Street

Drugs are being openly sold on the streets by drug dealers with seemingly little to no action being taken by the Police to deal with this. The streets also stink of weed.

I gave up ringing 101 and attending local policing meetings. It’s pointless the police seem more than happy for a large group of men to openly deal on the street every single day of the week and have them and their customers urinating and defecating in the streets.

Discourteous woman on X

Drug misuse harms the health and wellbeing of many people. There are a number of different criminal offences which should restrict the supply and use of harmful substances.

It is illegal to possess, supply and produce controlled drugs. It is also illegal to import or export drugs, or to allow your premises to be used for drug production.

The legal restrictions placed on the use of controlled drugs are aimed at preventing drug misuse. The principal offences relating to the misuse of controlled drugs are contained in the Misuse of Drugs Act 1971 (“the Act”) and most of the offences dealt with in this guidance are created by the Act. The primary objective of the Act is the control of the use and distribution of dangerous and harmful drugs. The Act classifies the drugs according to their relative degree of overall harm from misuse.

CPS Legal Guidance Drug offences

Controlled drugs fall into three different categories, Class A, B or C, according to their danger or how harmful they are. The sentences for drug offences are different for each class of drugs. Class A drugs are the most harmful, and will lead to a greater sentence.

A drug dealer is an individual who illegally sells or distributes drugs. These drugs can range from illegal substances like cocaine, heroin, methamphetamine, or marijuana (in places where it’s not legally regulated) to prescription medications that are sold without a prescription or for non-medical use.

The Statute of Limitations establishes time limits within which legal actions can be brought against individuals or entities for various offenses. There is no time limit for prosecution in England and Wales for drug dealing offences.

BBC London produced a report The drug deals being done on our streets. Over 5 years later, nothing seems to have changed.

The drug deals being done on our streets – BBC London 19th Jan 2019

To do an injustice is to do yourself an injustice – it degrades you… and you can also commit injustice by doing nothing

Meditations by Marcus Aurellius

Met Police and Open Drug Dealing

On Sunday 22nd September 2024 @ 17:40 whilst I was on the Walworth Road/Camberwell Road in SE17 close to the 100% Holy Café, I witnessed 3 drug deals being carried out brazenly in the street. I later witnessed another drug deal in a local pub by one of the same individuals.

Several Met Police cars drove past (all being driven one handed) and I attempted to flag one down. The officer in passenger seat made eye contact but they decided to ignore me. I assume the officers were coming from Walworth Police Station 12-28 Manor Place SE17 3RL.

One of the suspects was illegally riding a speed modified e-scooter and had their face covered. I reported the “crime” to the Met Contact Centre @metcc on X but no one has contacted me from the police.

I regularly travel through South London and I regularly see drug deals on the streets. I never see any Met Police officers on foot patrol. Met Police patrol cars just drive by seemingly oblivious to crimes being committed on the streets.

The latest HMICFRS inspection of the Metropolitan Police PEEL Assessment 2023–2025 was published on the 15th August 2024.

If you’re concerned about drug-related crime in your area or think someone may be a victim of drug exploitation, please call us on 101.

If it’s an emergency, please call 999. If you have a hearing or speech impairment, use our textphone service 18000. Or text us on 999 if you’ve pre-registered with the emergencySMS service

Met Police County Lines Drug Dealing

Sussex Police and Open Drug Dealing on the street

I live in Crawley West Sussex and I regularly see drug deals on the streets. I never see any Sussex Police officers on foot patrol (anytime) or in police cars at night.

The suspects are usually illegally riding a speed modified e-scooter or e-bikes and have their face covered. Home delivery of drugs by car also seems very popular in some parts of town.

Superintendent Imran Asghar of Sussex Police was appointed in March 2024 and is responsible for Crawley & Mid-Sussex. On X he said that he is looking forward to working with officers/staff & communities in this region.

Superintendent Asghar EB821 can be contacted by email Imran.Asghar@sussex.police.uk. Maybe he would like to do something positive about drug crime on his “manor” ?

The latest HMICFRS inspection of Sussex Police PEEL 2021/22 was published on the 13th April 2023.

You should read the story about Sussex Police Chief Constable Jo Shiner and her controversial retirement and rehiring.

If you’re concerned about drug-related crime in your area or think someone may be a victim of drug exploitation, please call us on 101.

If it’s an emergency, please call 999. If you have a hearing or speech impairment, use our textphone service 18000. Or text us on 999 if you’ve pre-registered with the emergencySMS service

Sussex Police County Lines Drug Dealing
Drug Dealing on the Street on X

Check out our articles on Policing, Police News, Policing by Consent, Two Tiered Policing, Wasting Police Time, Met Police, Police and Crime Commissioner and a Police and Crime Panel, Sussex Police and the highly questionable Sussex Family Justice Board.

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


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

‘Justice delayed is justice denied’

 William Ewart Gladstone

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

Categories
Rogues

Kodak Camera

Dom Watts is an unlikely consumer champion. Yet, the dad of three from Croydon took on the power and might of Kodak – and won.

His Kodakcamera protest Web site became the focus for a month-long campaign by consumers in search of fair play.

Yesterday, Kodak caved in to pressure and agreed to honour a deal for a cut-price digital camera – even though it maintained that the price tag of £100 was a mistake.

For Dom, Kodak’s capitulation proved to be the start of a busy round of newspaper and TV interviews for the IT contractor.

Keep-up pressure on Kodak, say campaignersThe Register

In a posting on the Kodak Camera campaign web site, Internet veteran Dr Laurence Godfrey (Godfrey v Demon Internet Ltd [1999] EWHC QB 244) wrote: “I am very pleased to read that there appears to have been a remarkable U-turn and now you are all going to get your cameras.

Malc – Dom Watts – Dr Laurence Godfrey / 2002 Kodak HQ Hemel Hempstead
The Sun Newspaper 2002

Kodak U-turn victory for consumers
Kodak surrenders!
Kodak sued in camera fiasco
Kodak discount camera fiasco

kodakcamera.co.uk website 2002
Dom Watts on Working Lunch 2002
Dom Watts interviewed by Gerald Main BBC Radio Cambridgeshire 2002
thames-water.co.uk website 2006

Fair dealing for criticism, review or quotation is allowed for any type of copyright work. All sources acknowledged.

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


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

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All Articles can be found in the Legal Blog or Sitemap.


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

‘Justice delayed is justice denied’

 William Ewart Gladstone

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

Categories
Legal Analysis Legal Professionals

Bar Tribunal and Adjudication Services

The Bar Tribunal and Adjudication Services (BTAS) is an organisation responsible for managing the disciplinary process for barristers in England and Wales.

The Bar Tribunal and Adjudication Service’s role in recruiting, appointing and administering all Disciplinary panels safeguards the independence of the panels within the disciplinary process.

  • Purpose and Function: The Bar Tribunal and Adjudication Services is tasked with appointing and administering various types of hearings, including Disciplinary Tribunals for barristers accused of professional misconduct, Interim Suspension Hearings, Fitness to Practise Hearings, and hearings related to the Inns’ Conduct Committee (ICC) for student members or applicants to the Inns of Court. These hearings ensure that the professional standards of barristers are maintained and that any misconduct is appropriately addressed.

Since its creation in 1986 and as a result of a Resolution of the Judges dated 26 November 1986, the Council of the Inns of Court (“COIC”) has been the body responsible for recruiting, appointing and administering Bar disciplinary panels.  It does so in accordance with its constitution, which specifies that Disciplinary Tribunals shall be appointed in accordance with the provisions of the Disciplinary Tribunal Regulations.  On behalf of the President of the Council of the Inns of Court, the Bar Tribunal and Adjudication Service (BTAS) is responsible for appointing and administering Disciplinary Tribunals and other panels.

As a result of the Legal Services Act 2007, the Bar Standards Board has responsibility for disciplinary arrangements for barristers.  From 2010-13 an informal Memorandum of Understanding existed between COIC and the Bar Standards Board on disciplinary matters.  The Memorandum was replaced on 23 October 2013 by a formal Service Agreement between COIC and the Bar Standards Board which relates to the services that BTAS now provides in relation to disciplinary tribunals. 

How we are governed – The Bar Tribunal and Adjudication Services
  • Structure and Operation:
    • BTAS operates on behalf of the President of the Council of the Inns of Court (COIC). It handles the logistics of hearings, ensuring they are conducted fairly and efficiently.
    • Hearings can be held in public unless there’s a specific order for privacy. This openness allows for transparency, which is crucial for maintaining public trust in the legal profession.
  • Sanctions and Guidance:
    • BTAS has introduced new sanctions guidance, effective from January 1, 2022, which includes a more structured approach to sanctions, revised levels for fines and suspensions, and new categories for types of misconduct. This guidance aims to ensure consistency and proportionality in sanctions for misconduct, reflecting a broader review of disciplinary practices.
  • Public Access and Transparency:
    • Findings and sanctions from disciplinary hearings are published on the BTAS website, adhering to a publication policy. This information is available for public scrutiny, enhancing accountability within the profession. However, findings are typically removed after two years unless they involve significant sanctions like suspension or disbarment.
  • Critical Perspective:
    • While BTAS plays a crucial role in maintaining professional standards, discussions online reflect a broader societal and professional discourse on the nature of legal representation, the ethics of the profession, and the adequacy of regulatory mechanisms. This includes critiques on the structure of legal education, the economic aspects of legal practice, and the moral responsibilities of barristers.

On behalf of the President of the Council of the Inns of Court, the Bar Tribunal and Adjudication Service (BTAS) is responsible for appointing and administering:

The Bar Standards Board investigates and prosecutes breaches of the Handbook Core Duties and Rules of the Bar of England and Wales.

What we do – The Bar Tribunal and Adjudication Services

The Bar Tribunal and Adjudication Services is pivotal in upholding the disciplinary framework for barristers in England and Wales, ensuring that the profession adheres to high ethical and professional standards through a transparent and structured process of adjudication.

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

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


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

‘Justice delayed is justice denied’

 William Ewart Gladstone

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

Categories
Legal Analysis Legal Professionals

Solicitors Disciplinary Tribunal

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.

About UsSolicitors Disciplinary Tribunal (SDT)
  • 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.
    • Procedures are governed by specific rules like the Solicitors (Disciplinary Proceedings) Rules 2019, ensuring a structured approach to handling cases.
  • Referrals and Decision Making:
    • 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.

The SDT publishes judgments and recent cases on its website.

Contact the SDT

Court Reception & Offices of the Clerk to the Tribunal
2nd Floor, 45 Ludgate Hill, London, EC4M 7JU

Tel: (020) 7329 4808 / Email: enquiries@solicitorsdt.com

To make a complaint regarding services provided by the SDTAL, email complaints@solicitorsdt.com.

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

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


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

‘Justice delayed is justice denied’

 William Ewart Gladstone

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

Categories
Policing

Facial Recognition Technology

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.

On the 29th October 2023 the Home Office news team published a Police use of Facial Recognition: Factsheet.

On the 27 the January 2024 the Lords Committee questions legality of Live Facial Recognition Technology.

On the 29th July 2024 the College of Policing published Live facial recognition – five things you need to know.

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.

Big Brother Watch – Stop Facial Recognition

Which Police Forces use Live Facial Recognition ?

As of the 14th may 2024 Sussex Police and Surrey Police do not currently use LFR or OIFR and this processing is currently out of scope.

Live Facial Recognition (LFR)

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.

Details of how the Met Police use RFR can be found in their RFR Policy document.

Operator Initiated Facial Recognition (OIFR)

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

Is Live Facial Recognition Lawful ?

The Court of Appeal in R (on the application of Edward BRIDGES) Appellant/ Claimant – and – THE CHIEF CONSTABLE OF SOUTH WALES POLICE – and THE SECRETARY OF STATE FOR THE HOME DEPARTMENT -and- THE INFORMATION COMMISSIONER (1) THE SURVEILLANCE CAMERA COMMISSIONER (2) THE POLICE AND CRIME COMMISSIONER FOR SOUTH WALES (3) [2020] EWCA Civ 1058 found that there is a legal framework for police to use LFR.

Live Facial Recognition in Use

DJE Media published a video of his interaction with Hampshire Constabulary and was given a tour inside their Live Facial Recognition Van.

Live Facial RecognitionHampshire and Isle of Wight Constabulary

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.
Live Facial Recognition Technology Hampshire and Isle of Wight Constabulary

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 ?

Live Facial RecognitionCroydon Met Police

Facial Recognition Policy Documents (Met Police)

Facial Recognition Impact Assessments (Met Police)

Live Facial Recognition Deployment Records (Met Police)

Other Live Facial Recognition Documents

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

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


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

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

‘Justice delayed is justice denied’

 William Ewart Gladstone

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

Categories
Legal Professionals

Lincoln’s Inn Open House 2024

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.

The Honourable Society of Lincoln’s Inn Open House 2024

Photos from the Lincoln’s Inn Open House 2024

Click any photo for a full size image from the Lincoln’s Inn Open House

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

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


Most Popular

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

Latest Articles

All Articles can be found in the Legal Blog or Sitemap.


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

‘Justice delayed is justice denied’

 William Ewart Gladstone

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

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

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