Category: Law

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

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Law Legal Analysis

What is a Kangaroo Court ?

kangaroo court

A kangaroo court is a term used to describe a judicial or quasi-judicial proceeding that lacks fairness, impartiality, or due process. It refers to a court that operates outside the boundaries of established legal principles and often serves the interests of those in power rather than providing justice.

Lord Reed observed during the hearing that a judgment which results from an unfair trial is written in water.

Serafin v Malkiewicz and others [2020] UKSC 23

The term kangaroo court implies a mockery of justice, where the outcome of the trial or hearing is predetermined, and the rights of the accused are disregarded.

These types of courts are typically characterized by biased judges or decision-makers, a lack of proper legal representation, limited access to evidence or witnesses, and a general absence of procedural fairness.

The name kangaroo court originates from the concept of a kangaroo’s pouch, which symbolizes a place where things are hidden or secret. The term suggests that these courts are secretive and operate without transparency, potentially manipulating proceedings to achieve a desired outcome.

Kangaroo courts can be found in various settings, including authoritarian regimes, corrupt organisations, or even informal gatherings where individuals take it upon themselves to administer a form of justice without proper legal authority or expertise.

It’s important to note that a kangaroo court should not be confused with a legitimate court that may make controversial or unpopular decisions.

A true court of law, although subject to scrutiny, operates within established legal frameworks and respects the principles of fairness and due process.

Is the House of Commons Committee of Privileges a Kangaroo Court ?

Sue Gray published an interim report INVESTIGATION INTO ALLEGED GATHERINGS ON GOVERNMENT PREMISES DURING COVID RESTRICTIONS – UPDATE on the 31st January 2022.

A Privilege Motion Parliamentary Debate on Partygate was held on the 21st April 2022.

This final Sue Gray Report FINDINGS OF SECOND PERMANENT SECRETARYS INVESTIGATION INTO ALLEGED GATHERINGS ON GOVERNMENT PREMISES DURING COVID RESTRICTIONS was published on the 25th May 2022.

On the 15th June 2023 the House of Commons Committee of Privileges published the Final Report Matter referred on 21 April 2022 (conduct of Rt Hon Boris Johnson) in relation to the behaviour of the former Prime Minister Boris Johnson and Partygate.

Boris Johnson has stated that he believed the House of Commons Committee of Privileges to be a “witch hunt” or “kangaroo” court.

At the end of the session, Sir Charles and Mr Costa asked me a series of questions regarding comments that have been made about the Committee’s work being a “witch hunt” or a “kangaroo court”. Having reviewed the transcript, I am concerned that, at the end of what had been a long hearing, I was not emphatic enough in the answers that I provided. As I hope I made clear in those answers, I have the utmost respect for the integrity of the Committee and all its Members and the work that it is doing.

Their purpose from the beginning has been to find me guilty, regardless of the facts. This is the very definition of a kangaroo court.

Matter referred on 21 April 2022 (conduct of Rt Hon Boris Johnson): Final Report

The House of Commons Committee of Privileges report summary concluded :-

In light of Mr Johnson’s conduct in committing a further contempt on 9 June 2023, the Committee 7 Matter referred on 21 April 2022 (conduct of Rt Hon Boris Johnson): Final Report now considers that if Mr Johnson were still a Member he should be suspended from the service of the House for 90 days for repeated contempts and for seeking to undermine the parliamentary process, by:

a) Deliberately misleading the House

b) Deliberately misleading the Committee

c) Breaching confidence

d) Impugning the Committee and thereby undermining the democratic process of the House

e) Being complicit in the campaign of abuse and attempted intimidation of the Committee.

We recommend that he should not be entitled to a former Member’s pass.

Matter referred on 21 April 2022 (conduct of Rt Hon Boris Johnson): Final Report

Boris Johnson was found by the Sue Gray report to have broken his own rules during the global Covid pandemic by holding and attending “parties”.

It is now many months since people started to warn me about the intentions of the Privileges Committee. They told me that it was a kangaroo court. 

The police investigated my role at all of those events. In no case did they find that what I had done was unlawful.

Why would we have had an official photographer if we believed we were breaking the law?

Boris Johnson’s Response to the Privileges Committee Report 15th June 2023

The Prime Minister sets the standard for all other Ministers of the Crown in how they account to the House of Commons.

Boris may well have been right when he said it was a witch hunt and kangaroo court, because there were people gunning for him over the proroguing of parliament and him removing the whip from 21 MPs that voted against the government before the 2019 general election.

There were scores being settled – but it is his own fault because of the way he constantly broke rules and lied. Then there is his honours list fiasco – knighting his Dad and all his other cronies. One rule for him and all his mates and another for everyone else.

The Rule of Law applies to everyone and especially public servants.

Open justice is a fundamental principle of the United Kingdom’s legal system which means that Justice should not only be done, but should manifestly and undoubtedly be seen to be done.

Should Boris Johnson be prosecuted for Misconduct in Public Office in a proper court?

This offence carries a maximum sentence of life imprisonment and is considered to be one of the most serious offences that a public official can commit.

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.

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Law

Malicious Communications Act 1988

legislation

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

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

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

The act was also amended in 2020 and 2022.

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

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

The CPS publish guidance Social Media and other Electronic Communications

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

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

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

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

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

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

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

Check out our related articles on 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.

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Law

What are Byelaws ?

byelaws

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

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

Local government legislation: byelaws – gov.uk

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

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

History of Byelaws in the UK

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

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

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

Legislation

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

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

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

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

Types of Byelaws

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

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

Significance of Byelaws in the UK

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

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

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

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

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

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

Call 999 if:

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

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

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

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

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What is a Crown Servant ?

crown servant

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

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

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

Here are some examples of crown servants :-

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

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

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

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

Integrity is another core value upheld by Crown Servants.

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

Crown Servants serve at the pleasure of the Crown.

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

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

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

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

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

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

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

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

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

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

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

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Ministry of Justice

Ministry of Justice

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Statute of Limitations

Statute of Limitations

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

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

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

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

Limitation Act 1980

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

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

The key provisions of the Limitation Act 1980 include:

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

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

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

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

Prescription and Limitation (Scotland) Act 1973

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

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

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

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

The Limitation (Northern Ireland) Order 1989

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

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

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

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

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

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

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Wasting Police Time

wasting police time

The offence of wasting police time is committed when a person causes any wasteful employment of the police. Wasting Police Time – section 5(2) of the Criminal Law Act 1967 applies :-

Penalties for concealing offences or giving false information.

(2)Where a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed, or to give rise to apprehension for the safety of any persons or property, or tending to show that he has information material to any police inquiry, he shall be liable on summary conviction to imprisonment for not more than six months or to a fine of not more than [F3 level 4 on the standard scale] or to both.

(3)No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.

Criminal Law Act 1967 Section 5

The Crown Prosecution Service (CPS) publish detailed guidance for prosecutors in relation to wasting police time :-

The offence of wasting police time is committed when a person causes any wasteful employment of the police:

Proceedings may only be instituted by or with the consent of the Director of Public Prosecutions: s.5(3). Consent may be granted after charge but must be before a plea of guilty is entered or summary trial. Consent must be obtained before proceedings are started by way of summons.

Examples of the type of conduct appropriate for a charge of wasting police time include:

  • false reports that a crime has been committed, which initiates a police investigation;
  • the giving of false information to the police during the course of an existing investigation.
Wasting Police Time – CPS

If you are caught wasting police time you could be jailed for up to six months and/or fined. Instead of taking you to court, the police might issue you with a fixed penalty notice under the Criminal Justice and Police Act 2001 (CJPA 2001).

The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions, that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.

Check out our articles on Sussex Police, Chief Constable Jo Shiner Sussex Police, Policing, Police News, Policing by Consent, Police Impartiality, Police Professional Standards, Two Tiered Policing, Thought Police, What is a Police and Crime Commissioner and a Police and Crime Panel ?, Met 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, police or any other law enforcement agencies.

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Law Legal Analysis

What is Stalking and Harassment ?

stalking and harassment

Stalking and harassment is when someone repeatedly behaves in a way that makes you feel scared, distressed or threatened. Stalking and harassment is a criminal offence.

There are different types of stalking and harassment and anyone can be a victim. Stalking and harassment are offences under the Protection from Harassment Act 1997.

You may be interested in our article What is Harassment and R v O’Neill [2016] EWCA Crim 92, [2016] from the Court of Appeal.

There is no legal definition of cyberstalking but it is recognised as being different from harassment as it involves fixated and obsessive behaviour. This maybe to gather information, monitor or discredit the victim.

Social Media and other Electronic Communications – Crown Prosecution Service

Harassment

Someone you know could be harassing you, like a neighbour, or people from your local area or it could be a stranger.

Harassment may include:

  • bullying at school or in the workplace
  • cyber stalking (using the internet to harass someone)
  • antisocial behaviour
  • sending abusive text messages
  • sending unwanted gifts
  • unwanted phone calls, letters, emails or visits

It’s harassment if the unwanted behaviour has happened more than once.

What is stalking and harassment? Police UK

Sexual harassment

Sexual harassment is unlawful, as a form of discrimination, under the Equality Act 2010.

Some of these are also forms of sexual or indecent assault.

The Act says it’s sexual harassment if the unwanted behaviour:

  • violates your dignity
  • creates an intimidating, hostile, degrading, humiliating or offensive environment (this includes the digital environment, online)

Some examples of sexual harassment would include:

  • sexual comments, jokes or gestures
  • staring or leering at your body
  • using names like ’slut’ or ‘whore’
  • unwanted sexual communications, like emails, texts, DMs
  • sharing sexual photos or videos
  • groping and touching
  • someone exposing themselves
  • pressuring you to do sexual things or offering you something in exchange for sex
What is stalking and harassment ? – Police UK

Stalking

Stalking is like harassment, but it’s more aggressive. The stalker will have an obsession with the person they’re targeting.

Stalking may include:

  • regularly following someone
  • repeatedly going uninvited to their home
  • checking someone’s internet use, email or other electronic communication
  • hanging around somewhere they know the person often visits
  • interfering with their property
  • watching or spying on someone
  • identity theft (signing-up to services, buying things in someone’s name)

It’s stalking if the unwanted behaviour has happened more than once.

What is stalking and harassment ? – Police UK

Online stalking and harassment

Social networking sites, chat rooms, gaming sites and other forums are often used to stalk and harass someone, for example:-

  • to get personal information
  • to communicate (calls, texts, emails, social media, creating fake accounts)  
  • damaging the reputation
  • spamming and sending viruses 
  • tricking other internet users into harassing or threatening
  • identity theft 
  • threats to share private information, photographs, copies of messages
What is stalking and harassment ? – Police UK

Stalking or Harassment Crown Prosecution Service (CPS)

The CPS publish prosecution guidance to assist prosecutors with the general principles to be applied when making decisions about prosecutions involving stalking or harassment. It provides guidance on:-

  • the importance of focusing on whether conduct experienced by the victim in its entirety amounts to stalking or harassment, whether the police have investigated those or other individual offences
  • selecting appropriate charges, in order to apply the Code for Crown Prosecutors where there is an overlap between stalking, harassment and/or controlling or coercive behaviour
  • acceptance of pleas
  • the prosecutor’s role in supporting the victim

Stalking or harassment offences can be found in sections 2, 2A, 4 and 4A of the Protection from Harassment Act 1997 (PHA 1997) and section 42A (1) Criminal Justice and Police Act 2001. There are racially and religiously aggravated forms of the PHA offences: see sections 28 and 32 Crime and Disorder Act 1998 and the Racist and Religious Hate Crime prosecution guidance.

Stalking or Harassment – Crown Prosecution Service (CPS)

Report Stalking and Harassment

You should contact the police if you’re being stalked or suffering harassment. Call 999 if you or someone else is in immediate danger of stalking and harassment.

What is the maximum sentence for harassment or stalking ?

Parliament sets the maximum (and sometimes minimum) penalty for any offence. When deciding the appropriate sentence, the court must follow any relevant sentencing guidelines, unless it is not in the interests of justice to do so.

If the offence is harassment or stalking:

  • the maximum sentence is six months’ custody
  • if racially or religiously aggravated, the maximum sentence is two years’ custody

If the offence is harassment (putting people in fear of violence) or stalking (involving fear of violence or serious alarm or distress):

  • the maximum sentence is 10 years’ custody
  • if racially or religiously aggravated, the maximum sentence is 14 years’ custody
Harassment and stalking – Sentencing Council

False Allegations of Stalking and Harassment

If false allegations of stalking and harassment are made to the Police, then this can also classed be as a criminal offence.

The offence of wasting police time is committed when a person causes any wasteful employment of the police. Wasting Police Time – section 5(2) of the Criminal Law Act 1967.

If you are caught wasting police time you could be jailed for up to six months and/or fined. Instead of taking you to court, the police might issue you with a fixed penalty notice under the Criminal Justice and Police Act 2001 (CJPA 2001).

Check out our articles on National Stalking Awareness, Policing by Consent, Police Impartiality, Two Tiered Policing, What is a Police and Crime Commissioner ?, Sussex Police, Policing, Police News, 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.

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What is the Slip Rule ?

slip rule

The Slip Rule is a legal tool in England and Wales that allows judges to correct typographical or other errors in court orders or judgments.

The Slip Rule is included in both the Family Procedure Rules and the Civil Procedure Rules. This article will provide an overview of the Slip Rule, its application in Family and Civil cases, and the relevant rules and practice directions.

Errors may be caused by incompetence, typographical errors, clerical errors, or accidental slips or omissions. The Slip Rule is a common law principle that allows judges to make minor changes to their own orders, judgments, or directions to ensure that they accurately reflect the intention of the court.

The Slip Rule in Family Law Cases

The Family Procedure Rules (FPR) were introduced in 2010 and apply to family law cases in England and Wales. The FPR govern the procedure for family law cases, including divorce, child custody, and financial settlements. Family Procedure Rule 29.16 sets out the Slip Rule in family law cases.

Family Procedure Rule 29.16 states :-

(1) The court may at any time correct an accidental slip or omission in a judgment or order.

(2) A party may apply for a correction without notice.

Correction of errors in judgments and orders FPR 29.16

In addition to the Family Procedure Rule, there is also a Family Practice Direction that provide guidance on the use of the Slip Rule.

Family Practice Direction 29D provides guidance on the use of the Slip Rule in family law cases.

Note the careless typo by the Ministry of Justice in PD29D para 1.1 p6ovides. I would imagine this should be provides. Slip up or more evidence of incompetence at the MoJ ?

FPD29A Para 1.1

1.1 Rule 29.10 FPR p6ovides that the court may correct an accidental slip or omission in a judgment or order. Corrections under that rule must be approved by a judge, or by a Justices’ Legal Adviser where Practice Direction 2C so provides.

1.2 A court officer may make an amendment to an order, without prior reference to a judge or Justices’ Legal Adviser (as applicable), in the following circumstances-

(a) where a court officer has wrongly transposed details in the draft order approved by the court;

(b) where the error is obviously typographical such as-

(i) the spelling of a party’s name, a date of birth, a place of birth or marriage, where that can be corrected by reference to the application or supporting evidence on the court file such as a birth or marriage certificate; or

(ii) a nonsensical word clearly included in error (but see paragraph 1.4);

(c) changes to references in the order to the venue at which a hearing took place, where this can be verified from the court file, court diary or cause list;

(d) the date of the order, where this can be verified from the court file, court diary or cause list;

(e) details of a party’s legal representatives at a hearing when this can be verified from the court file or other record of hearing;

(f) the date of a hearing, where the court officer has listed a matter for hearing but transposed the details incorrectly into the order that notifies the parties of the hearing date;

(g) to improve the formatting (but not the numbering) of an order.

1.3 If a court officer concludes that-

(a) it would be inappropriate to make an amendment to an order even where they consider that a case falls within paragraph 1.2; or

(b) they are not certain whether or not a case falls within paragraph 1.2 (for example whether an error is obviously typographical),

the court officer must refer the matter to a judge to determine whether to make the amendment.

1.4 Save as specified in paragraph 1.2, a court officer must never make linguistic, grammatical or textual amendments to an order, or alter its numbering,  without reference to a judge or, where Practice Direction 2C applies, to a Justices’ Legal Adviser.

1.5 A court officer must never make an amendment to a judgment or written ruling without reference to a judge or, where Practice Direction 2C applies, to a Justices’ Legal Adviser.

FAMILY PRACTICE DIRECTION 29D – COURT OFFICERS MAKING CORRECTIONS TO ORDERS

The Slip Rule in Civil Law Cases

The Civil Procedure Rules (CPR) were introduced in 1998 and apply to civil law cases in England and Wales. The CPR govern the procedure for civil law cases, including personal injury claims, contract disputes, and defamation claims. Civil Procedure Rule 40.12 sets out the Slip Rule in civil law cases.

Civil Procedure Rule 40.12 of the CPR states :-

(1) The court may at any time correct an accidental slip or omission in a judgment or order.

(2) A party may apply for a correction without notice.

Correction of errors in judgments and orders CPR 40.12

In addition to the Civil Procedure Rule, there is also a Practice Direction that provide guidance on the use of the Slip Rule.

Civil Practice Direction 40B provides guidance on the use of the Slip Rule in civil law cases.

4.1 Where a judgment or order contains an accidental slip or omission a party may apply for it to be corrected 8.

4.2 The application notice (which may be an informal document such as a letter) should describe the error and set out the correction required. An application may be dealt with without a hearing:

(1) where the applicant so requests,

(2) with the consent of the parties, or

(3) where the court does not consider that a hearing would be appropriate.

4.3 The judge may deal with the application without notice if the slip or omission is obvious or may direct notice of the application to be given to the other party or parties.

4.4 If the application is opposed it should, if practicable, be listed for hearing before the judge who gave the judgment or made the order.

4.5 The court has an inherent power to vary its own orders to make the meaning and intention of the court clear.

CIVIL PRACTICE DIRECTION 40B – JUDGMENTS AND ORDERS

The Slip Rule is a legal tool in England and Wales that allows judges to correct typographical or other errors in court orders or judgments. The Slip Rule is included in both the Family Procedure Rules and the Civil Procedure Rules, and there are also Practice Directions that provide guidance on its use.

While the Slip Rule can be used to correct minor errors, it cannot be used to change the substance of a court order or judgment.

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.

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Privacy and Electronic Communications Regulations (PECR)

pecr cookies and privacy

The General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR) are two sets of rules that govern data protection and electronic marketing communications in the UK.

PECR was introduced in 2003 and updated in 2011, while GDPR came into effect in 2018, replacing the Data Protection Act 1998.

Their full title of PECR is The Privacy and Electronic Communications (EC Directive) Regulations 2003 which is derived from European law. PECR implement European Directive 2002/58/EC, also known as ‘the e-privacy Directive’.

The Information Commissioner’s Office (ICO) publish a Guide to Privacy and Electronic Communications Regulations.

Consent and opt-in

One of the key principles of both GDPR and PECR is that marketers must obtain the consent of individuals before processing their personal data or sending them electronic marketing messages. This means that individuals must actively opt-in to receive marketing messages and must be given the opportunity to easily opt-out of receiving future messages. Examples of electronic marketing messages include emails, text messages, and direct messages on social media platforms.

Cookies and online tracking

Both GDPR and PECR govern the use of cookies and other tracking technologies on websites. Websites must obtain consent from users before placing cookies on their devices, except in cases where the cookies are strictly necessary for the functioning of the website. The regulations also require website owners to provide clear and comprehensive information about the types of cookies used on their sites and their purposes.

There are two exemptions which apply where:

  • the cookie is for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or
  • the cookie is strictly necessary to provide an ‘information society service’ (eg a service over the internet) requested by the subscriber or user. Note that it must be essential to fulfil their request – cookies that are helpful or convenient but not essential, or that are only essential for your own purposes, will still require consent.

Direct marketing

Direct marketing is a type of marketing that involves sending messages directly to individuals, such as through email or direct mail. GDPR and PECR require that individuals are given the opportunity to opt-out of receiving direct marketing messages, and that marketers must stop sending messages to individuals who have opted-out. The regulations also prohibit the use of pre-ticked boxes or other forms of consent that are automatically applied to individuals.

Complaints

The concerns section of the ICO website contains more information on when and how individuals can report their concerns to the ICO.

If someone complains about your electronic marketing (eg spam calls or texts), cookies or other privacy issues regarding electronic communications, we will record and review their concerns, and we may investigate your compliance with PECR. If we decide it is likely you have failed to comply with PECR or other data protection legislation, we may ask you to take steps to remedy this and avoid similar complaints in future. If appropriate, we may decide to take enforcement action.

Guide to PECR ICO

Enforcement and penalties

Both GDPR and PECR are enforced in the UK by the Information Commissioner’s Office (ICO). The ICO has the power to investigate and take enforcement action against organisations that breach the regulations, including imposing fines and other penalties.

In 2021, the ICO fined British Airways and Marriott International for breaching GDPR, with fines of £20m and £18.4m respectively.

GDPR and PECR are important sets of regulations that govern data protection and electronic marketing communications in the UK.

Marketers must obtain the consent of individuals before processing their personal data or sending them marketing messages, provide clear and comprehensive information about the use of cookies on their websites, and give individuals the opportunity to opt-out of receiving direct marketing messages.

Failure to comply with GDPR and PECR can result in significant fines and other penalties, so it is essential for organizations to ensure they are following the regulations carefully.

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.

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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.

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