Category: Law

Law articles mainly focussed on law and legal matters in England and Wales.

Categories
Civil Justice Criminal Justice Family Law Law Legal Professionals

What is a Skeleton Argument ?

Skeleton Argument

A skeleton argument is a concise written document prepared by a party (or their legal representative) and submitted to the court in advance of a hearing. It summarises the key factual and legal issues in dispute, sets out the main arguments that will be advanced, and identifies the authorities (cases, statutes, or other materials) that will be relied upon.

It acts as a “roadmap” for the judge and the advocate, helping to focus oral submissions and save valuable court time. Skeleton arguments (or their equivalent, such as position statements) are now a standard feature of litigation in England and Wales.

Purpose and Benefits of a Skeleton Argument

The primary purpose of a skeleton argument is to assist the court by clearly and concisely setting out the arguments on which a party intends to rely. A well-drafted skeleton:

  • Defines and narrows the real issues in dispute
  • Allows the judge to pre-read the case efficiently
  • Provides a clear structure for oral advocacy
  • Promotes efficiency in hearings

Judges frequently read skeletons before the hearing. A strong, well-structured skeleton can significantly influence the outcome by framing the case in advance.

Skeleton arguments are generally not required in the Magistrates’ Court unless the court specifically directs for one (e.g. for a complex legal issue).

Skeleton Arguments in Civil Proceedings (CPR)

In civil cases, skeleton arguments are governed by the Civil Procedure Rules 1998 (CPR) and the associated Practice Directions. The most important guidance is contained in Practice Direction 52A (Appeals), Section V, which sets out the requirements for skeleton arguments and is widely followed as best practice in first-instance hearings as well.

Key requirements include:

  • Must be concise, clear and focused
  • Set out in numbered paragraphs
  • Clearly define the areas of controversy
  • Contain cross-references to the relevant documents in the court bundle
  • Be self-contained (no incorporation by reference to earlier documents)
  • For each authority cited, state the proposition of law it supports and give specific page or paragraph references
  • Avoid lengthy quotations from cases or documents

Failure to comply with these requirements may result in costs sanctions or adverse comments from the court.

Skeleton Arguments in Criminal Proceedings (CrimPR)

In criminal cases, skeleton arguments are governed by the Criminal Procedure Rules 2025 (CrimPR) and the Criminal Practice Directions 2023 (as amended Nov 2025).

They are commonly required in the Crown Court for contested applications, trials involving significant legal argument, complex sentence hearings, and all appeals to the Court of Appeal (Criminal Division).

Key requirements include:

  • Strong emphasis on brevity and clarity
  • Must clearly identify the real issues
  • Proper citation of authorities (proposition of law + pinpoint reference)
  • Must comply with any page limits or other directions set by the court
  • Must be filed and served in accordance with any timetable set by the court

Non-compliance may lead to the skeleton being rejected, costs orders, or adjournment of the hearing.

Skeleton Arguments in Family Proceedings (FPR)

In family law cases, the Family Procedure Rules 2010 (FPR) and Practice Direction 27A (Court Bundles and Position Statements) apply. The terminology differs slightly from civil and criminal litigation.

In financial remedy proceedings, the term “position statement” is commonly used, and this includes what would otherwise be a skeleton argument. Strict page limits apply:

  • First Appointment: maximum 6 pages
  • Other interim hearings: maximum 8 pages
  • FDR appointment: maximum 12 pages
  • Final hearing: maximum 15 pages (excluding agreed documents)

In children and other non-financial family cases, a separate skeleton argument may be filed where appropriate (generally not exceeding 20 pages).

For appeals in family proceedings, see FPR PD 30A, which requires a skeleton argument to accompany or follow the appellant’s notice.

Common requirements across family cases include:

  • Numbered paragraphs
  • Cross-references to the court bundle
  • Clear propositions of law for each authority cited
  • No new evidence or factual allegations
  • Emphasis on the welfare of the child (where relevant) or the s.25 factors in financial cases

Recommended Structure for a Skeleton Argument / Position Statement

  1. Introduction – The order or relief sought and the party’s position
  2. The Issues – A clear numbered list of the matters the court must decide
  3. Factual Background – Short neutral chronology or agreed facts
  4. Legal Framework – Relevant statutes and case law
  5. Submissions – Arguments on each issue, clearly linked to the facts and law
  6. Conclusion – Summary of the relief requested

Published Skeleton Argument Templates and Examples

Several official and professional templates are publicly available:

  • Official GOV.UK Template – Form AC014 (Skeleton Argument) – ideal for appeals and tribunals
  • SRA Guidance Template
  • Many barristers’ chambers and law firms publish precedent skeletons for specific applications (e.g. summary judgment, interim injunctions, family financial remedies)

While using a template is helpful, always tailor it to the specific requirements of your court, hearing type and any individual directions from the judge.

Best Practice Tips

  • Use short sentences, clear headings, and numbered paragraphs
  • Use 12-point font with 1.5 line spacing
  • Avoid footnotes where possible
  • File and exchange by the court deadline (usually the day before the hearing)
  • Always comply with any specific directions from the judge

Comparison Table

AreaGoverning RulesDocument NameTypical LengthMandatory?
CivilCPR + PD 52A (Section V)Skeleton ArgumentConcise (often up to 25 pages on appeal)Usually yes, especially on appeals
CriminalCrimPR + Practice Directions 2023Skeleton ArgumentSubject to court directionsCommon in complex/contested cases
Family (Financial)FPR PD 27APosition Statement (incl. skeleton)6–15 pages (stage dependent)Yes for most hearings
Family (Children/Other)FPR PD 27A + PD 30APosition Statement / SkeletonUp to 20 pagesIf appropriate

Conclusion

The skeleton argument (or position statement in family cases) is an essential bridge between written statements and oral advocacy in the UK courts. Whether in civil, criminal, or family proceedings, the golden rules remain the same: clarity, brevity, and precision.

A well-crafted skeleton or position statement does not merely summarise the case, it persuades the court before a single word is spoken in the hearing.

Check out the related articles on the Attorney General, Solicitor General, Lady Chief Justice, Master of the Rolls, Lord Chancellor, Justice Secretary, Rule of Law, Open Justice, Law, Is the Law Black and White ?, Government Legal Department, Crown Prosecution Service (CPS), Abuse of Process, Government Legal Department (GLD), What Does Lady Justice Symbolise ?, McKenzie Friend, Can a Judge Direct a Jury to Find a Defendant Not Guilty ?,Law Society, Law Commission, McKenzie Friend Right of Audience, Solicitors, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, R v Sussex Justices, Police Impartiality 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, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

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

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
Civil Justice Law Legal Analysis

Norwich Pharmacal Orders and Dodgy Fire Sticks

Norwich Pharmacal Orders and Dodgy Fire Sticks

Norwich Pharmacal orders (NPOs) are a form of court-ordered disclosure used in England and Wales and in equivalent jurisdictions such as Ireland.

Norwich Pharmacal orders (NPOs) require a third party to provide information or documents to help identify or locate an unknown wrongdoer when that information is held by an innocent party who has become involved in the relevant wrongdoing.

Unlike standard disclosure in ongoing litigation, Norwich Pharmacal orders target non-parties who have been unwittingly “mixed up” in the misconduct. This allows claimants to pursue justice when the perpetrators hide behind anonymity online or through other means.

Norwich Pharmacal orders are widely used in digital contexts. Common applications include identifying anonymous online infringers in defamation, harassment, or copyright cases, tracing fraudsters through banks or payment providers and supporting intellectual property enforcement actions.

Origin and Legal Basis

The remedy originates from the landmark 1974 House of Lords decision in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133. In that case, the pharmaceutical company found that counterfeit versions of its patented drug were entering the United Kingdom but could not identify the importers. Customs and Excise held the import records.

The House of Lords ruled that a third party innocently involved in facilitating wrongdoing owes an equitable duty to assist the victim by disclosing relevant information, including the identity of the wrongdoer. This principle forms the basis of Norwich Pharmacal jurisdiction today.

Requirements for Obtaining an Order

To obtain a Norwich Pharmacal order, the applicant must generally satisfy the following key conditions:

  • There is a good arguable case that wrongdoing has occurred (this can include torts, breaches of contract, intellectual property infringement, or other actionable wrongs).
  • The order is necessary to enable the applicant to bring proceedings or obtain legitimate redress against the ultimate wrongdoer. Alternative routes must be unavailable or ineffective.
  • The respondent (third party) has been “mixed up” in the wrongdoing, even innocently, and is able to provide the required information.
  • The court must be satisfied that granting the order is just and proportionate, and that the application is not a mere “fishing expedition”.

Courts exercise discretion and balance the need for justice against privacy and other rights.

The Justice and Security Act 2013

Section 17 of the Justice and Security Act 2013 introduced a statutory restriction on the Norwich Pharmacal jurisdiction. It provides that a court may not make a Norwich Pharmacal order (or similar order) in civil proceedings if the disclosure sought would be damaging to the interests of national security.

The Act was enacted partly in response to cases where claimants sought disclosure of sensitive intelligence material through Norwich Pharmacal applications. It prevents the court from ordering disclosure of “sensitive information” where the Secretary of State certifies that such disclosure would damage national security.

Sky v Revolut – Dodgy Fire Sticks

On the 26th March 2026, Mr Justice Brian Cregan in the Irish High Court granted a Norwich Pharmacal order requiring Revolut Bank UAB to disclose information to Sky.

Sky sought the names and addresses of 304 subscribers and ten resellers who had made payments via Revolut for illegal streaming devices, commonly known as “Dodgy Fire Sticks” or “Dodgy boxes”.

These devices, loaded with unauthorised software, enable access to premium content including Premier League football, TNT Sports, Sky Sports, and Disney+ without legitimate subscriptions. It is said that many UK viewers access Irish-sourced illegal feeds through such devices.

The payments related to services provided by Wexford resident David Dunbar, who was previously ordered to pay Sky €480,000 in damages.

He also faces approximately €100,000 in legal costs and was fined €30,000 for contempt of court after breaching orders to preserve data.Sky confirmed that the information would be used to commence legal proceedings against the resellers and certain users.

The data is to be provided on an encrypted spreadsheet within 28 days. Revolut remained neutral on the application.

Police authorities have repeatedly warned that purchasing such devices can fund organised crime and expose users to risks of data theft and malware.

Check out our related articles on Defendant’s Costs Order, Wasted Costs Order, Public Spaces Protection Order (PSPO), Rule of Law, Open Justice, Is the Law Black and White ?, Abuse of Process, What Does Lady Justice Symbolise ?, McKenzie Friend, Can a Judge Direct a Jury to Find a Defendant Not Guilty ?,Law Society, Law Commission, McKenzie Friend Right of Audience, Solicitors, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, Contra Mundum, R v Sussex Justices, Police Impartiality 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, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

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

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
Government Law

What is a Statutory Instrument ?

Statutory Instrument - Parliament

A statutory instrument is the most common form of secondary or delegated legislation in the United Kingdom. It allows Ministers or other authorised bodies to make detailed rules, regulations, orders, or other provisions under the authority of an Act of Parliament (primary legislation), without Parliament having to pass a completely new Act for every technical or updating measure.

Primary vs Secondary Legislation

Acts of Parliament (primary legislation) set out the broad framework and principles of the law. They are fully debated and passed by both Houses of Parliament before receiving Royal Assent.

Many Acts are intentionally framework-style, leaving detailed implementation such as technical standards, fee levels, commencement dates or procedural rules to be filled in later by secondary legislation. Statutory instruments made under these powers have the full force of law, but they derive their authority from the “parent” or “enabling” Act.

Why Use Statutory Instruments?

Parliament relies on SIs for practical reasons:

  • Efficiency — Primary legislation would otherwise become overloaded with technical detail.
  • Flexibility — Governments can respond quickly to changing circumstances (for example, updating penalty levels for inflation or implementing new safety standards).
  • Volume — Between 1,500 and 2,000 SIs are typically made each year in the UK.

SIs govern a wide range of everyday matters, from traffic regulations and immigration rules to environmental standards and tax exemptions.

How Statutory Instruments Are Made

The process is straightforward and governed by the Statutory Instruments Act 1946:

  1. The parent Act grants a specific power to a Minister (or occasionally another body) to make regulations on defined matters.
  2. Government lawyers draft the SI, often following public consultation.
  3. The Minister signs (“makes”) the instrument.
  4. It is numbered in the annual series (e.g., SI 2026/123) and published on the official legislation website.

Parliamentary Scrutiny: Affirmative, Negative and Other Procedures

The level of parliamentary oversight is set by the parent Act:

  • Negative procedure (most common): The SI is laid before Parliament and comes into force automatically after 40 sitting days unless either House passes a motion to annul it (“pray against”). Successful annulments are rare.
  • Affirmative procedure: The SI (often laid in draft) must be actively approved by resolution of both Houses (or the Commons alone for certain financial matters) before it can be made or come into force.
  • No procedure (or “made negative” in some cases): Many technical or minor instruments, such as simple commencement orders, require no further parliamentary step.

All SIs that are subject to procedure are accompanied by an Explanatory Memorandum in plain English. They are scrutinised on technical grounds by the Joint Committee on Statutory Instruments (JCSI).

Judicial Oversight and Challenges

While Parliament provides the primary political check on SIs, the courts play an important constitutional role through judicial review. Unlike primary legislation (which cannot be struck down by the courts), secondary legislation such as statutory instruments can be declared invalid if it is found to be unlawful.

The main grounds for judicial review of an SI include:

  • Ultra vires (lack of vires / illegality): The instrument goes beyond the powers granted by the parent Act. Courts interpret enabling powers strictly, especially so-called Henry VIII clauses (powers allowing Ministers to amend or repeal primary legislation).
  • Procedural impropriety: Failure to follow mandatory consultation, laying procedures, or other rules set by the parent Act or the Statutory Instruments Act 1946.
  • Irrationality / unreasonableness: The decision is so unreasonable that no reasonable Minister could have made it (applied cautiously).
  • Uncertainty: The instrument is so unclear or vague that it cannot be understood or applied.
  • Incompatibility with Convention rights under the Human Rights Act 1998 (where the parent Act does not prevent removal of the incompatibility).

If a court finds an SIs unlawful, the usual remedy is a quashing order that renders the instrument void from the outset. Parliamentary approval does not prevent judicial review.

Examples of Statutory Instruments

Common examples include regulations updating driving licence rules, housing standards or environmental protections; orders setting or amending penalty levels; and commencement regulations that bring sections of a new Act into force.

In October 2013, the Treasury laid before Parliament a short statutory instrument, in relation to Sir Keir Starmer.

Officially known as The Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013, the measure came into force on the 31st October 2013.

Where to Find Statutory Instruments

You can browse current and historical SIs on the official UK legislation database and Parliament’s dedicated Find a Statutory Instrument website.

Further Reading

Summary

Statutory instruments are a vital and routine part of the UK legislative system. They enable detailed and responsive law-making while remaining grounded in parliamentary authority.

Although they receive less public attention than primary Acts, they constitute the bulk of the rules that affect daily life. They remain subject to both parliamentary scrutiny and judicial oversight to ensure they stay within lawful bounds.

Check out the related articles on the Attorney General, Solicitor General, Lady Chief Justice, Master of the Rolls, Lord Chancellor, Justice Secretary, Rule of Law, Open Justice, Law, Is the Law Black and White ?, Government Legal Department, Crown Prosecution Service (CPS), Abuse of Process, Government Legal Department (GLD), What Does Lady Justice Symbolise ?, McKenzie Friend, Can a Judge Direct a Jury to Find a Defendant Not Guilty ?,Law Society, Law Commission, McKenzie Friend Right of Audience, Solicitors, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, R v Sussex Justices, Police Impartiality 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, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

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

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
Government Law Legal Analysis Legal Professionals

The Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013

Sir Kier Starmer

In October 2013, the Treasury laid before Parliament a short statutory instrument, in relation to Sir Keir Starmer, that has since gained unexpected political attention.

Officially known as The Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013 (SI 2013/2588), the measure came into force on the 31st October 2013.

Despite its modest length of just three operative paragraphs, the Regulations addressed a specific technical issue arising from Keir Starmer KC’s departure as Director of Public Prosecutions (DPP).

Made – – – – 8th October 2013
Laid before Parliament 9th October 2013
Coming into force – – 31st October 2013

The Treasury, in exercise of the power conferred by section 5(2) of the Pensions (Increase) Act
1971(a) and now vested in them(b) hereby make the following Regulations:

Citation and commencement

  1. These Regulations may be cited as the Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013, and come into force on 31st October 2013.

    Interpretation
  2. (1) In these Regulations, “the 1971 Act” means the Pensions (Increase) Act 1971.
    (2) For the purposes of these Regulations the time when a pension “begins” is that stated in
    section 8(2) of the 1971 Act(c).

    Pensions to which the 1971 Act shall apply
  3. The 1971 Act shall have effect in relation to any pension payable under the Pension Scheme
    for Keir Starmer QC (being a scheme made under section 1 of the Superannuation Act 1972(d)),
    as if it were a pension specified in Part 1 of Schedule 2 to the 1971 Act.
The Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013

Background

Sir Keir Starmer, who is currently the UK Prime Minister, served as Director of Public Prosecutions from 2008 until 2013, leading the Crown Prosecution Service through a period of major reform.

As with other senior public appointments, his remuneration included a pension arranged under section 1 of the Superannuation Act 1972.

This was a bespoke pension scheme created specifically for the role of DPP, separate from the standard civil service pension arrangements. When Keir Starmer left office, a question arose regarding how his pension would be increased for inflation once it came into payment.

Purpose of The Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013

The 2013 Regulations were made under section 5(2) of the Pensions (Increase) Act 1971. They declared that the 1971 Act “shall have effect” in relation to any pension payable under Keir Starmer’s scheme “as if it were a pension specified in Part 1 of Schedule 2” to that Act.

In simple terms, this ensured that Kier Starmer’s DPP pension would receive the same annual up-rating for inflation as most other public-service pensions. Increases would therefore be linked to the Retail Prices Index (or its successor measures), thereby protecting the pension’s real value over time.

Key Provisions and Scrutiny

Signed by Treasury ministers Desmond Swayne and Stephen Crabb on the 8th October 2013, the instrument was laid before Parliament the next day.

An accompanying explanatory note emphasised its narrow scope, stating that it had “no impact upon the private or voluntary sectors”. A parliamentary joint committee scrutinising statutory instruments noted a minor drafting point concerning the definition of when a pension “begins”. However, the committee accepted the Treasury’s clarification and viewed the Regulations as largely technical in nature.

The underlying pension scheme was tax-unregistered, a common feature for certain high-level public posts at the time. The 2013 Regulations did not create or change this tax status; they simply applied standard indexation rules.

Later Controversy

For nearly a decade, the Regulations attracted little public interest. They resurfaced in March 2023 during debates over the abolition of the lifetime allowance. Some critics portrayed the measure as a “special law” granting Kier Starmer, by then Leader of the Opposition, a personal tax advantage.

Supporters argued that the arrangement was standard practice for the DPP post and that the Regulations merely aligned indexation with other comparable public-sector schemes. Keir Starmer has described the pension as the normal entitlement for the office he held.

Labour leader Sir Keir Starmer has been accused of hypocrisy by Conservatives over a tax exempt pension deal he has from a previous job.

Sir Keir criticised measures in the Budget which scrapped the £1m cap on lifetime pensions savings.

The Telegraph reported that Sir Keir got a special “tax unregistered” pension scheme when he stood down as Director of Public Prosecutions (DPP) in 2013.

Labour says it was standard practice for retiring DPPs to get such a deal.

But senior Conservative MP Sir Iain Duncan Smith told The Telegraph it made a “mockery” of Labour’s position on the lifetime pension allowance, and was as “close to hypocrisy as it is possible to get”.

Sir Keir Starmer criticised over tax free pension scheme

Image of The Rt Hon Sir Keir Starmer KCB KC MP – xAI – Grok

Check out our related articles on Statutory Instruments, Director of Public Prosecutions (DPP), Rule of Law, Crown Prosecution Service, Open Justice, What is Law, Is the Law Black and White ?, Branches of Law, Bullying, Harassment and Discrimination at the Bar, 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, Innocent until Proven Guilty 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, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

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

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 Government Law Legal Analysis Legal Professionals

Director of Public Prosecutions (DPP)

Director of Public Prosecutions (DPP)

The Director of Public Prosecutions (DPP) is the head of the Crown Prosecution Service (CPS). The Director of Public Prosecutions is responsible for the independent prosecution of criminal cases investigated by the police and other agencies.

This role ensures that decisions to prosecute are taken fairly, free from political interference and guided solely by the evidence and the public interest. Established over a century ago, the office has evolved into one of the most influential positions in British law, overseeing hundreds of thousands of cases each year.

Thank you for contacting the Private Office of the Director of Public Prosecutions and the Chief Operating Officer, at the Crown Prosecution Service (CPS). Your email has been received.

The Director of Public Prosecutions (DPP) email is [email protected]

Historical Background

The office dates back to the Prosecution of Offences Act 1879, which created the DPP to advise police and handle serious cases. The first holder, Sir John Maule QC, assumed the post in 1880 but operated with limited powers.

After a brief merger with the Treasury Solicitor in 1884, the role regained full independence under the Prosecution of Offences Act 1908. Significant modernisation occurred between 1944 and 1964 under Sir Theobald Mathew QC, who updated regulations, introduced new technology, and expanded staff numbers.

The pivotal moment came in 1986 with the launch of the Crown Prosecution Service (CPS) under the Prosecution of Offences Act 1985. This transformed the DPP from leading a small department into the chief executive of a national prosecution service.

Role and Responsibilities

The Director of Public Prosecutions is the third most senior public prosecutor, ranking below the Attorney General and Solicitor General. The holder bears personal responsibility for approximately 7,000 CPS staff and around 800,000 prosecutions annually.

Key duties include applying the Full Code Test to decide whether cases should proceed, advising police during investigations, setting charges in complex matters, and issuing legal guidance and policies. The DPP also presents cases in court where necessary and supports victims and witnesses. Crucially, the role demands strict independence; prosecutorial decisions cannot be directed by government.

The DPP reports to the Attorney General, who accounts for the CPS in Parliament, but day-to-day operations remain free from ministerial control.

The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. This is the eighth edition of the Code and replaces all earlier versions and was published on the 26th October 2018. Almost 8 years without an update is quite a long time.

Appointment and Current Leadership

The DPP is appointed by the Attorney General for an initial five-year term following an open competition overseen by the Civil Service Commission. The process emphasises integrity, legal expertise, and leadership.

The current Director of Public Prosecutions is Stephen Parkinson, who took office on the 1st November 2023. A University College London law graduate, Parkinson qualified as a barrister in 1980 and later as a solicitor in 2005.

He began as a junior prosecutor in 1984, rose through CPS ranks, and held senior government posts, including Deputy Head of the Attorney General’s Office. For two decades he practised as a defence solicitor at Kingsley Napley, becoming Senior Partner in 2018. His unique experience on both sides of the courtroom equips him to lead the service effectively.

Stephen Parkinson has been announced as the new Director of Public Prosecutions and head of the Crown Prosecution Service. It is expected that he will take up the appointment in November 2023 for an initial term of five years. He will succeed the outgoing DPP, Max Hill KC.

Chair of the Bar Council, Nick Vineall KC, said: “The Bar Council would like to congratulate and welcome Stephen Parkinson as the new Director of Public Prosecutions and head of the Crown Prosecution Service.  Mr Parkinson practised as a barrister for over 20 years and then qualified as a solicitor and has had a distinguished career in both the public and the private sectors. We very much look forward to meeting and engaging with the new DPP on areas of mutual concern, at a time when the criminal justice sector is under unprecedented pressure, and Crown Court backlogs are at record levels.

“The Bar Council would also like to record its sincere thanks to the outgoing DPP, Max Hill KC, who steered the CPS through the Covid crisis and has always sought to ensure that remuneration for those involved in prosecuting on behalf of the CPS was on a par with criminal defence fees.” 

New DPP Stephen Parkinson announced – Bar Council comment

Stephen Parkinson Legal Experience

Challenges and Future Outlook

Today’s DPP operates under intense pressure. Backlogs, rising caseloads, and high-profile events such as civil disturbances test resources and impartiality.

Maintaining public trust while improving efficiency, supporting victims more effectively, and embracing digital transformation are key priorities. DPP Stephen Parkinson has emphasised collaborative working across the criminal justice system to reduce delays and deliver fair outcomes.

Charlies Prosecution Service (CPS)
Coming Soon at https://cpsgov.uk – Charlie’s Prosecution Service

Image of Stephen Parkinson : PA

Check out our related articles on the Crown Prosecution Service (CPS), Crown Prosecution Service (CPS) Complaints and Feedback, HM Crown Prosecution Service Inspectorate (HMCPSI), Rule of Law, Open Justice, Victims’ Right to Review (VRR), Is the Law Black and White ?, Abuse of Process, What Does Lady Justice Symbolise ?, McKenzie Friend, Can a Judge Direct a Jury to Find a Defendant Not Guilty ?,Law Society, Law Commission, McKenzie Friend Right of Audience, Solicitors, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, Contra Mundum, R v Sussex Justices, Police Impartiality 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, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

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

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
Civil Justice Criminal Justice Judiciary Law Legal Professionals

United Kingdom Supreme Court Judicial Assistant Recruitment 2026

Supreme Court of the United Kingdom Judicial Assistant

The UK Supreme Court is currently recruiting Judicial Assistants for the 2026/27 legal year, offering a prestigious and intellectually demanding opportunity for talented lawyers and legal researchers.

UK Supreme Court – Judicial Assistant Recruitment 202627 – Job Description – Final.pdf

Up to 11 positions are available, providing successful candidates with unparalleled close-quarters experience supporting the Justices of the Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council (JCPC).

Judicial Assistants online information event 2026-27

A Unique Role at the Apex of the UK Legal System

The Supreme Court hears cases of the greatest public or constitutional importance affecting the whole population andJudicial Assistants play a vital part in the Court’s day-to-day operations.

Assigned typically to one or more Justices, they engage in high-level legal work that directly contributes to some of the most significant cases in the country.

Core responsibilities include:

  • Undertaking detailed legal research on appeals and applications for permission to appeal.
  • Drafting bench memoranda that summarise applications for permission to appeal.
  • Attending appeal hearings and participating in discussions with the Justices.
  • Preparing plain English press summaries of judgments, which are published on the Court’s website.
  • Responding to enquiries from international judicial networks and comparative law bodies.
  • Providing general assistance to Justices, including support for extra-judicial activities such as speeches, articles, and publications.

Beyond supporting individual Justices, Judicial Assistants contribute to the broader work of the Court. This can involve helping the Registrar with permission applications and appeals, as well as participating in the Court’s educational and outreach programmes.

The role is fixed-term, running from Monday 14 September 2026 to Friday 30 July 2027. It is based at the iconic Middlesex Guildhall building in Parliament Square, London.

Who Should Apply?

The Supreme Court welcomes applications from a diverse range of backgrounds. Whilst many past Judicial Assistants have been qualified solicitors, barristers, or advocates with some practical experience, the Court emphasises that the most important quality is exceptional intellectual ability.

Applications are actively encouraged from candidates who may not yet be qualified to practise but who possess outstanding academic knowledge of the UK legal system and advanced legal research skills.

Competition remains fierce, and all applicants must meet the essential criteria set out in the official Job Description.

A fundamental requirement is that candidates must have the right to work in the UK; the Court does not sponsor visas or work permits.

The full Job Description, which details the person specification and essential criteria, is available to download from the recruitment page.

Why Consider This Opportunity?

Working as a Judicial Assistant at the Supreme Court offers a rare window into the highest level of judicial decision-making in the United Kingdom. It provides:

  • Direct exposure to landmark cases and the reasoning of the country’s most senior judges.
  • The chance to hone advanced legal research, analysis, and writing skills in a demanding yet supportive environment.
  • Valuable insight that is highly regarded by future employers.
Being a Judicial Assistant – 2026

Alumni of the scheme have gone on to enjoy successful careers at the Bar, in leading City law firms, in academia, within the Government Legal Department, and in policy roles across the public and private sectors.For further insight, the Court recommends listening to podcasts featuring current or former Judicial Assistants, which offer behind-the-scenes perspectives on life at the Court.

How to Apply

Applications for the 2026/27 legal year are open now. Interested candidates should visit the dedicated Judicial Assistant recruitment page.

To apply:

  • Review the Job Description carefully to confirm eligibility.
  • Complete the online application form via the “Apply Now” link.

The closing date is midnight on Thursday 26th February 2026. Late applications will not be considered.

Interviews are expected to take place in person at the Court during the week commencing 20th April 2026.

The Court also hosts a free online information event for the 2026/27 recruitment round; registration details are available on the recruitment page.

For any queries, contact the recruitment team at [email protected]

Check out our related articles on Rule of Law, Open Justice, Do you Have to Bow to a Judge ?, Can you Email a Judge ?, Can you Criticise a Judge ?, What is Law, Is the Law Black and White ?, Branches of Law, Bullying, Harassment and Discrimination at the Bar, 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, Innocent until Proven Guilty 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, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

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

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 Law Police

National Firearms Amnesty

Firearms Amnesty 2026

Police forces across the country are taking part in a four-week Firearms Amnesty for five types of BRUNI-manufactured side / top-venting blank firers  (TVBFs) which are now illegal to possess following testing by the National Crime Agency and policing.  

The amnesty takes place between February 2nd and 27th 2026, after which anyone in possession of one of the specified TVBFs could be subject to prosecution and up to 10 years’ imprisonment.  

Owners of these TVBFs are being forewarned ahead of the law change, however, and will be given the chance to surrender these weapons to the police without fear of prosecution. 

During the amnesty period, those handing in a BRUNI TVBFs will not face prosecution for the illegal possession and will not have to give their details. However, the history of any live firearms handed in will be checked for evidence  of its use in crime. 

What are TVBFs? 

Top/side venting blank firers (TVBFs) are legal to buy in the UK without a licence by over 18s unless they are readily convertible. Tests by the National Crime Agency and policing have shown that the following BRUNI models are readily convertible and are therefore illegal:  

  • 8mm PAK Bruni BBM New Police blank firing self-loading pistol 
  • 8mm PAK Bruni BBM Model 96 blank firing self-loading pistol 
  • 8mm PAK Bruni BBM Model ‘GAP’ blank firing self-loading pistol 
  • .380R (9mmK) PAK Bruni BBM ME Ranger single-action blank firing revolver 

In their original state TVBFs have a fully blocked barrel designed to discharge only blank cartridges. When discharged, combustion gases vent from the top of the weapon. TVBFs are sold with at least 50 per cent of their visible surface painted a bright colour. However, as well as converting them from blank firers to live firearms, criminals may also paint them black, so they look like an original lethal purpose (OLP) weapon. 

Check out the article on the Firearms Amnesty 2025

Why the Amnesty?

The primary aim of this amnesty is to remove these potentially dangerous weapons from the public domain, reducing the risk they pose when falling into the wrong hands. According to the NPCC, while gun crime in the UK remains relatively low compared to other countries, the conversion of these blank-firing guns into lethal weapons presents a significant emerging threat. Since 2021, over 800 converted TVBFs have been recovered in criminal circumstances, highlighting the urgency of this initiative.

How the Gun Amnesty Works

During the amnesty period, individuals who possess any of these four models can surrender them at local police stations without facing prosecution for the illegal possession of these now-banned firearms. This leniency is intended to encourage those who might have these guns for legitimate, non-criminal purposes to hand them over.

The guns will not only be removed from circulation but will also be analysed to see if they have been involved in previous criminal acts, thereby potentially aiding in ongoing investigations.

Public Response and Implications

The response from the public has been cautiously optimistic. Many see this amnesty as a chance to rectify unintended possession of these newly classified illegal firearms. There’s an acknowledgment among communities that while these guns might have been bought legally or even as souvenirs from trips, their potential for misuse is now too significant to ignore.

Law enforcement officials, including Assistant Chief Constable Tim Metcalfe, the NPCC Lead for the Criminal Use of Firearms, have stressed the importance of public cooperation. “This initiative is about protecting our communities by ensuring these firearms don’t end up being used for criminal intent,” Metcalfe stated. “We urge anyone with these weapons to do the responsible thing and surrender them.”

Legal Implications Post Amnesty

Post-amnesty, the possession of these TVBFs will be strictly prohibited, with severe penalties including up to 10 years in prison for those caught with one. This crackdown is part of broader efforts by UK law enforcement to control the proliferation of firearms and reduce gun-related crimes.

The amnesty also serves as a reminder of the broader issue of firearm conversion in the UK, prompting discussions on the need for tighter regulations on the import and sale of blank-firing guns and other similar devices.

Check out our articles on Policing, Police News, Policing by Consent, Two Tiered Policing, Wasting Police Time, Met Police, Sussex Police, R v Sussex Justices 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, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

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

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

Categories
Law Police

Sack Chief Constable Craig Guildford ?

Craig Guildford Chief Constable

In the United Kingdom, chief constables hold one of the most senior positions in policing, leading territorial police forces and bearing ultimate responsibility for operational decisions.

Their role is pivotal in maintaining public safety, upholding the law and ensuring accountability.

However, when performance falters or controversies arise, mechanisms exist to hold them to account, including dismissal.

This article explores the procedures for dismissing a chief constable, drawing on relevant legislation and safeguards, and examines the high-profile case involving Craig Guildford Chief Constable of West Midlands Police.

The disgraced chief constable of West Midlands Police Craig Guildford retired on the 16th January 2026 with a full pension after eventually giving in to mounting calls to quit over the Maccabi Tel Aviv fan ban. 

The Legal Framework

The primary legislation governing the appointment and removal of chief constables is the Police Reform and Social Responsibility Act 2011.

This Act established Police and Crime Commissioners (PCCs) who are elected officials tasked with overseeing police forces in England and Wales (with equivalent arrangements in Scotland and Northern Ireland under different structures).

Under Section 38(3) of the Act, a PCC has the authority to call upon a chief constable to resign or retire.

This power is not absolute; it must be exercised reasonably and fairly, in line with public law principles.

Historically, the Home Secretary had limited direct involvement in such matters, but recent developments have expanded this role.

In January 2026, Home Secretary Shabana Mahmood announced plans to introduce new statutory powers allowing the Home Secretary to force the retirement, resignation, or suspension of chief constables on performance grounds.

This move aims to address perceived gaps in accountability, particularly in cases where local oversight may be insufficient.

The Policing Protocol Order 2011 further outlines the relationships between PCCs, chief constables, and other bodies, emphasising that while chief constables retain operational independence, PCCs are responsible for holding them accountable.

Dismissal is typically pursued for reasons such as misconduct, poor performance, or loss of public confidence.

The Step-by-Step Process for Dismissal

Dismissing a chief constable is a structured process designed to ensure fairness and transparency. It cannot be done arbitrarily and involves multiple stakeholders.

Here is an overview of the key steps, based on Regulation 11A of the Police Regulations 2003 (as amended):

  1. Initiation by the PCC: The process begins when the PCC proposes to call upon the chief constable to resign or retire. They must provide a written explanation of the reasons, which could include failures in leadership, operational mishandlings, or ethical breaches.
  2. Consultation with His Majesty’s Chief Inspector of Constabulary (HMCIC): The PCC must obtain written views from HM Chief Inspector of Constabulary and have regard to them. This independent assessment helps evaluate the validity of the concerns.
  3. Notification and Response: The chief constable is notified and given the opportunity to make written representations. Copies of the HMCIC views and the PCC’s explanation are provided to both the chief constable and the local Police and Crime Panel (PCP).
  4. Role of the Police and Crime Panel: The PCP, composed of local councillors and independent members, reviews the proposal. They must make a recommendation within six weeks, either supporting or opposing the dismissal, and may consult HMIC. While the PCC is not bound by the PCP’s view, they must consider it. bbc.com The PCP also has veto powers in certain appointment processes, underscoring their scrutiny role.
  5. Final Decision and Suspension: If the PCC proceeds, they issue the call to resign or retire. In urgent cases, the chief constable can be suspended pending the outcome, but this requires similar consultations. publications.parliament.uk The chief executive of the PCC’s office is notified throughout.
  6. Appeals and Judicial Review: A chief constable can challenge the decision through judicial review if they believe it was irrational, unfair, or unlawful. Past cases, such as the reinstatement of Lincolnshire’s chief constable in 2013, highlight how courts can intervene.

With the impending Home Secretary powers, Home Secretary to introduce power to sack chief constables, an additional layer may allow direct intervention, bypassing or supplementing the PCC process in national interest cases.

Safeguards and Challenges

These procedures include built-in safeguards to prevent misuse of power. The involvement of HMCIC and the PCP ensures independent oversight, while the requirement for written explanations promotes transparency.

However, critics argue that the system can be politicised, as PCCs are elected and may face pressures from public opinion or party lines. The government’s defence is that these checks balance accountability with fairness.

Craig Guildford and West Midlands Police

A recent example of this process was the controversy surrounding Craig Guildford, who had been Chief Constable of West Midlands Police since December 2022.

Craig Guildford, who previously led Nottinghamshire Police, has faced intense scrutiny following a decision to ban fans of Israeli club Maccabi Tel Aviv from attending a Europa League match against Aston Villa in November 2025.

A damning report by Sir Andy Cooke QPM DL HM Chief Inspector of Constabulary, Inspection of police forces’ contributions to safety advisory groups: West Midlands Police, found that the ban was based on “exaggerated and untrue” intelligence, including evidence possibly generated by AI, which Craig Guildford later apologised for presenting to MPs.

The report criticised the force’s handling, leading Home Secretary Shabana Mahmood to declare on the 14th January 2026 that she had “lost confidence” in Guildford.

This sentiment was echoed by Downing Street the following day, with No 10 stating it “no longer has confidence” in him.

Politicians from across the spectrum have called for his resignation or dismissal, describing his continued tenure as “astonishing.”

The Independent Office for Police Conduct (IOPC) is now considering an investigation using special powers.

On the 16th January 2026 the disgraced chief constable of West Midlands Police Craig Guildford retired with a full pension.

The Chief Constable, Craig Guildford, has today retired from West Midlands Police with immediate effect. In doing so, he has acted with honour and in the best interests of West Midlands Police and our region. I welcome his decision.

I am pleased this outcome has been reached having regard to due process and the law. That has prevented what might otherwise have been a complex procedure, that would have caused significant distraction, impact and cost to West Midlands Police and the wider West Midlands. It was important this matter was resolved in a balanced, calm, fair, measured and respectful manner.

West Midlands Police and Crime Commissioner Simon Foster – Chief Constable Craig Guildford retires

Craig Guildford’s brief retirement in November 2024 to safeguard his pension before reappointment has drawn further criticism.

In November 2024, he retired as Chief Constable of West Midlands Police for one month in order to protect his pension, which would otherwise have fallen in value after 30 years’ unbroken service, before taking up the post again. Scott Green served as Acting Chief Constable in the interim.

Chief Constable Craig Guildford West Midlands Police – Wikipedia

Image of Craig Guildford Chief Constable of West Midlands Police – Richard Vernalls/PA and Grok AI

Check out our articles on Policing by Consent, Police Professional Standards, Police Misconduct Hearings, Police Impartiality, Police Surveillance, Are the Police for Hire ?, Independent Office for Police Conduct (IOPC),Police Public Confidence and Engagement, Crime Reporting, What is a Police and Crime Commissioner ?, Sussex Police, Policing, Police News, Two Tiered Policing, Thought Police, Wasting Police Time, Police Community Support Officers (PCSO), Met Police, Chief Constable Jo Shiner, R v Sussex Justices 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, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

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

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 Government Law Legal Analysis Legal Professionals

Crown Prosecution Service (CPS) Complaints and Feedback

Crown Prosecution Service (CPS) Complaints and Feedback

The Crown Prosecution Service (CPS) plays a vital role in the UK’s criminal justice system, ensuring offenders are brought to justice while supporting victims and witnesses.

However, like any public organisation, the CPS may occasionally fall short of expectations. This article explores the CPS’s guidance on providing feedback or making a complaint based on their official policy.

HM Crown Prosecution Service Inspectorate (HMCPSI) has a statutory duty to inspect the operation of the Crown Prosecution Service (CPS) and the Serious Fraud Office (SFO).

Charlies Prosecution Service (CPS)
Coming Soon at https://cpsgov.uk – Charlie’s Prosecution Service

The CPS’s Commitment to High Standards

The CPS is dedicated to upholding principles of independence, fairness, honesty, openness, respect, and professional excellence. Their complaints handling is guided by standards such as the CPS Complaints Handling Standard, the Code of Practice for Victims of Crime, and the Principles of Good Complaints Handling from the Parliamentary and Health Service Ombudsman (PHSO).

All complaints are managed confidentially by trained Complaints Coordinators, ensuring fair and sensitive treatment without discrimination based on gender, sexual orientation, race, ethnicity, disability, religion, or belief. Defendants’ complaints are treated equally to those from victims or witnesses.

External oversight is provided by the Independent Assessor of Complaints (IAC), who scrutinises the process to maintain high service levels.

For more on the IAC’s role, visit the CPS website.

What the CPS Complaints and Feedback Policy Covers

Feedback includes positive or negative comments on CPS policies, procedures, services, or performance. Anyone can provide it at any time, with no restrictions. Examples might include praising a new policy or expressing dissatisfaction with a case outcome reported in the media.

Feedback is acknowledged, recorded, and analysed to improve services and promote best practices.

Complaints are expressions of dissatisfaction from those directly involved in a CPS service. They can be:

  • Legal: Related to decisions, such as charging choices.
  • Service: Concerning conduct, like not allowing a victim to read their personal statement in court.
  • Mixed: Combining both elements.

Professional disagreements (e.g., between police and prosecutors) are excluded.

Exclusions from the Policy

Certain matters fall outside the policy:

  • Victims’ Right to Review (VRR): For decisions not to charge or to end proceedings. This stems from the 2011 Killick case and is handled separately. Dissatisfaction with VRR outcomes cannot become a formal complaint. Learn more about VRR on the CPS VRR page.
  • Defence Applications or Appeals: Not for dropping cases or overturning convictions; seek independent legal advice.
  • Ongoing Proceedings: Responses may be limited to avoid prejudice.
  • Civil Claims: Complaints pause if civil action is initiated.
  • Abusive or Persistent Complaints: May be declined.
  • Other Organisations: Direct complaints about police, courts, or judiciary to them (contacts below).
  • Recruitment or Employment: Handled under separate policies.

CPS Complaints Procedure

Complaints can be made by the affected individual or a nominated representative (with written consent).

The process has three stages for service/mixed complaints, but legal complaints end at Stage Two.

Early Resolution

Contact your local CPS office first for informal resolution within three working days, possibly via explanation or apology.

Stage One: Local Review

Submit formally to the originating CPS office. A relevant manager investigates and responds within 20 working days (or notifies of delays).

Stage Two: Senior Review

If unsatisfied, escalate to the Deputy Chief Crown Prosecutor or equivalent within one month. Response within 20 working days.For legal complaints, this concludes the process.

Stage Three: Independent Review

For service complaints, refer to the IAC within one month of Stage Two. The IAC, independent of CPS, reviews service quality and procedure adherence, responding within 40 working days.

Contact: Independent Assessor of Complaints, 102 Petty France, London SW1H 9EA; Email: [email protected] (mailto:[email protected]); Phone: 020 3357 0893 (10am-4pm, Monday-Friday).

If involving Victims’ Code breaches, victims can escalate to the PHSO via an MP after IAC review.

PHSO details: Parliamentary and Health Service Ombudsman.

How to Provide Feedback to the CPS

There is no time limit, and feedback can be submitted via:

  • Online: Use the CPS Feedback Form.
  • Email: Download the form and email to your local CPS Area (addresses on the CPS Areas page).
  • Post: Send written feedback or the form to local CPS addresses.
  • Telephone: Call local CPS offices (numbers on the website).

All feedback helps refine services for the public.

Handling and Outcomes

Complaints are handled confidentially and fairly. You’ll be informed if upheld (wholly/partly) or not. If justified, expect an apology, corrective action and prevention measures.

In rare cases of severe distress or loss due to maladministration, a consolatory payment may be offered.

Check out our related articles on the Crown Prosecution Service (CPS), Director of Public Prosecutions (DPP), HM Crown Prosecution Service Inspectorate (HMCPSI), Rule of Law, Open Justice, Victims’ Right to Review (VRR), Is the Law Black and White ?, Abuse of Process, What Does Lady Justice Symbolise ?, McKenzie Friend, Can a Judge Direct a Jury to Find a Defendant Not Guilty ?,Law Society, Law Commission, McKenzie Friend Right of Audience, Solicitors, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, Contra Mundum, R v Sussex Justices, Police Impartiality 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, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

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

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

Categories
Law Legal Analysis

What is International Law ?

International Law

International law consists of rules, norms and principles governing relations between sovereign states and other international entities.

It promotes peaceful interactions, dispute resolution and cooperation on transnational issues. Unlike domestic law, it primarily relies on state consent and voluntary compliance.

Historical Development of International Law

The concept of law governing relations between nations dates back to ancient times, but modern terminology emerged in the late 18th century. Jeremy Bentham, the English philosopher and jurist (1748–1832), coined the term “international law” in his 1789 work An Introduction to the Principles of Morals and Legislation. He proposed replacing the older phrase “law of nations” (jus gentium) with “international law” to better describe law between nations rather than within them.

Bentham wrote several essays between 1786 and 1789, later compiled as Principles of International Law. He advocated codification of international rules, proposed an international court for dispute resolution, and outlined a plan for universal and perpetual peace based on utilitarian principles, maximising happiness and minimising harm across nations.

Sources of International Law

These are specified in Article 38 of the Statute of the International Court of Justice (ICJ):

  • Treaties and conventions, such as the United Nations Charter, prohibiting the use of force except in self-defence or with Security Council authorisation.
  • Customary international law, from consistent state practice accepted as binding (e.g., prohibition of genocide).
  • General principles of law recognised by nations (e.g., pacta sunt servanda—agreements must be honoured).
  • Judicial decisions and scholarly writings as subsidiary sources.

It covers human rights Universal Declaration of Human Rights, humanitarian law, environmental protection Paris Agreement, trade and maritime issues.

Enforcement of International Law

Enforcement is challenging without a central authority. The UN Security Council can impose sanctions or authorise force, but permanent members (China, France, Russia, UK, US) hold veto power. The ICJ resolves disputes between consenting states.

The International Criminal Court (ICC) prosecutes individuals for grave crimes, though major powers like the US are not parties.

US Military Action in Venezuela (January 2026) – International Law

On the 3rd January 2026, the United States conducted airstrikes in Venezuela, including targets in Caracas, and captured former Venezuelan President Nicolás Maduro and his wife Cilia Flores.

They were extradited to the US to face drug trafficking and narco-terrorism charges. Maduro pleaded not guilty in a New York federal court on the 5th January 2026.

The operation has faced widespread international criticism as a violation of state sovereignty and the UN Charter’s prohibition on the use of force.

The UN held emergency meetings, with allies and others condemning it as unlawful aggression. This illustrates tensions between unilateral actions by powerful states and core principles of international law.

Prime Minister Sir Keir Starmer, a former barrister and KC, has refused to be drawn on whether or not US President Donald Trump’s military action against Venezuela may have broken international law.

Additional Examples of International Law

International law features in ongoing conflicts, such as Russia-Ukraine (ICC probes into war crimes; ICJ on territorial integrity) and South China Sea disputes under the United Nations Convention on the Law of the Sea (UNCLOS).

Significance and Challenges

International law establishes a framework for global order but struggles with enforcement and geopolitical influences. Jeremy Bentham’s vision of codified rules and institutions remains influential, yet events like the Venezuela incident highlight persistent vulnerabilities when compliance is uneven.

Adherence remains essential for addressing shared challenges like security and climate change.

Check out our related articles on Rule of Law, Open Justice, What is Law, Is the Law Black and White ?, Branches of Law, Bullying, Harassment and Discrimination at the Bar, 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, Innocent until Proven Guilty 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, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

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

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.

Rule of Law - Open Justice - Policing By Consent