Category: Law

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

Categories
Law Legal Analysis Police

National Security Online Information Team (NSOIT)

counter disinformation unit (cdu)

The National Security Online Information Team (NSOIT) at the Department for Science, Innovation and Technology was allegedly established to bring together cross-government monitoring and analysis capabilities. The National Security Online Information Team (NSOIT) was previously known as the Counter Disinformation Unit (CDU).

Check out the article on the Counter Disinformation Data Platform (CDDP).

It is often said that when a government decides what information is to be disseminated to the people, the institution of government is no longer for the people but for its own self-preservation. The 1949 George Orwell novel Nineteen Eighty Four (1984) had a fictional Ministry of Truth.

On the 3rd June 2023 The Telegraph published an article Elon Musk joins backlash over secret unit curbing lockdown dissent and states “The billionaire Twitter owner condemned the ‘terrible’ tactics used by the Government during the pandemic, as revealed by the Telegraph”

On the 9th June 2023 The Telegraph published an article Covid disinformation unit made ‘hourly contact’ with tech firms, its leader reveals

In response to this article, Dr John Campbell published his own analysis on his YouTube channel which has 2.8 million followers.

Government Counter Disinformation Unit – Dr John Campbell

According to The Telegraph on the 10th June 2023 Twitter refused majority of removal requests from Covid spying unit “Figures show that social media firm refused nearly six out of 10 appeals from UK government CDU”

Molly Kingsley published the following Tweet on the 3rd June 2023 containing evidence of government censorship following a Subject Access Request (SAR) to the CDU at the DCMS.

Molly Kingsley Twitter

The Daily Sceptic published on the 12th June 2023 an article Secretive Government Unit Broke Own Rules by Flagging Opinions as ‘Disinformation’

Originally Published 12th June 2023 – Last Updated Updated 22th July 2023

Big Brother Watch have launched a campaign against the CDU :-

  • Take the first ever legal action in Europe against a government’s ‘counter disinformation’ activity
  • Grow pressure in Parliament for an immediate suspension of the CDU and an investigation into its work
  • Continue our investigation into extra-judicial government censorship and surveillance activities.

Big Brother Watch have published their report Ministry of Truth: the secretive government units spying on your speech which details their findings.

Misinformation from the Counter Disinformation Unit or an MP ?

There is a discrepancy about when the CDU was actually established. The Cabinet Office and Department for Science, Innovation and Technology published a Fact Sheet on the CDU and RRU on the 9th June 2023.

Is the following evidence of Disinformation by the Counter Disinformation Unit or an MP ? 2019 v 2020 ?

The Counter Disinformation Unit (CDU) was first set up within the Department for Digital, Culture, Media and Sport in 2019 and it has since responded to periods of acute disinformation risk including Covid-19.

Fact Sheet on the CDU and RRU

Lucy Powell who is the Labour MP for Manchester South tabled (UIN 98962) the following parliamentary question on the 6th January 2022

To ask the Secretary of State for Digital, Culture, Media and Sport, whether the cross-Whitehall unit to counter disinformation on covid-19 is operating as of 6 January 2022; how many staff working as part of that unit there are in the (a) Department for Digital, Culture, Media and Sport, (b) Home Office (c) Foreign, Commonwealth and Development Office, (d) Cabinet Office and (e) Ministry of Defence; and whether the number of staff in each team has increased or decreased since that unit was established in March 2020.

Coronavirus: Disinformation Question for Department for Digital, Culture, Media and Sport

Chris Philp who is the Conservative MP for Croydon South replied on the 11th January 2022.

The Cross-Whitehall Counter Disinformation Unit (CDU) was established on 5 March 2020, bringing together cross-government monitoring and analysis capabilities. As of 7 January 2022 the CDU is still fully operational.

Addressing the challenges of disinformation and misinformation is a whole of the government effort. The CDU is resourced full time and works in close partnership with cross-government teams. In response to the COVID-19 pandemic, the size of the team in DCMS has increased. Requirements are continually reviewed to ensure appropriate levels of resourcing, including surge capacity as needed.

When false narratives are identified, the CDU coordinates departments across Whitehall to deploy the appropriate response. This can include a direct rebuttal on social media, flagging content to platforms and ensuring public health campaigns are promoted through reliable sources.

Coronavirus: Disinformation Question for Department for Digital, Culture, Media and Sport

It is no surprise that Chris Philp MP chose to ignore most of the questions that were asked.

Fact Sheet on the CDU and RRU

The Cabinet Office and Department for Science, Innovation and Technology published a Fact Sheet on the CDU and RRU on the 9th June 2023.

Counter-Disinformation Unit Fact Sheet

The Department for Science, Innovation and Technology published the Counter-Disinformation Unit – open source information collection and analysis: privacy notice on the 16th Match 2023.

RESIST 2 Counter Disinformation Toolkit

The Government Communication Service published the RESIST 2 Counter Disinformation Toolkit sometime in 2021 and updated it on the 11th January 2022.

It is unknown if the National Security Online Information Team (NSOIT) use this toolkit.

It is however interesting that this was updated on the same day that Chris Philp MP replied to the question tabled by Lucy Powell MP.

Check out our articles on Office for Communications Data Authorisations, Thought Police, Policing, Police News, Policing by Consent, Police Impartiality, Two Tiered Policing, Wasting Police Time, Counter Disinformation Data Platform (CDDP), Police Professional Standards 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.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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

GDPR and Subject Access Requests

gdpr and rights of access (sar)

The Data Protection Act 2018 (DPA) is a law that sets out rules and regulations regarding the use, storage, and sharing of personal data in the United Kingdom (UK).

The Data Protection Act 2018 was introduced to replace the Data Protection Act 1998, and it incorporates the General Data Protection Regulation (GDPR), which is a European Union (EU) regulation that governs data protection across the EU.

In this article, we explore the key features of the DPA and how it relates to GDPR, the role of the Data Protection Officer (DPO), how to make a Subject Access Report (SAR) and data protection complaint to an organisation.

Key Features of the Data Protection Act 2018

The Data Protection Act is a comprehensive piece of legislation that covers all aspects of data protection in the UK. Some of the key features of the DPA include:

  1. Data protection principles: The DPA sets out six data protection principles that organisations must follow when processing personal data. These principles include fairness, lawfulness, transparency, accuracy, storage limitation, and accountability.
  2. Lawful basis for processing: The DPA requires organisations to have a lawful basis for processing personal data. These include consent, contract, legal obligation, vital interests, public interest, and legitimate interests.
  3. Rights of data subjects: The DPA gives individuals the right to access their personal data, request the erasure of their data, and object to the processing of their data. It also gives individuals the right to data portability, which means they can request their data in a portable format.
  4. Data protection officers: The DPA requires certain organisations to appoint a data protection officer (DPO) to oversee their data protection activities.
  5. Data breaches: The DPA requires organisations to report certain types of data breaches to the Information Commissioner’s Office (ICO) within 72 hours of becoming aware of the breach.
  6. Enforcement: The DPA gives the ICO the power to issue fines of up to £17.5 million or 4% of an organization’s global turnover for serious breaches of data protection law.

How the Data Protection Act relates to the GDPR

The DPA incorporates the GDPR into UK law. This means that organisations in the UK must comply with both the DPA and the GDPR. Some of the key ways in which the DPA relates to the GDPR include:

  1. Data protection principles: The data protection principles in the DPA are based on the principles set out in the GDPR. This means that organisations must follow the same principles when processing personal data, regardless of whether they are subject to the DPA or the GDPR.
  2. Lawful basis for processing: The lawful bases for processing personal data in the DPA are based on the lawful bases set out in the GDPR. This means that organisations must have a lawful basis for processing personal data under both the DPA and the GDPR.
  3. Rights of data subjects: The rights of data subjects in the DPA are based on the rights set out in the GDPR. This means that individuals in the UK have the same rights to access their personal data, request the erasure of their data, and object to the processing of their data as individuals in the EU.
  4. Data protection officers: The requirements for appointing a data protection officer in the DPA are based on the requirements set out in the GDPR. This means that organisations in the UK must appoint a DPO if they meet the same criteria as organisations in the EU.
  5. Data breaches: The requirements for reporting data breaches in the DPA are based on the requirements set out in the GDPR. This means that organisations in the UK must report certain types of data breaches to the ICO within 72 hours of becoming aware of the breach, just as organisations in the EU must report certain types of data breaches to their supervisory authority.
  6. Enforcement: The enforcement provisions in the DPA are based on the enforcement provisions set out in the GDPR. This means that the ICO has the power to issue fines of up to £17.5 million or 4% of an organisation’s global turnover for serious breaches of data protection law, just as supervisory authorities in the EU have the power to issue fines under the GDPR.

The ICO Guide to the UK GDPR is part of their Guide to Data Protection and is a must read to fully understand Data Protection and GDPR. The ICO is the UK’s independent body set up to uphold information rights. 

Data Protection Officer (DPO)

The primary role of the Data Protection Officer (DPO) is to ensure that there organisation processes the personal data of its staff, customers, providers or any other individuals (also referred to as data subjects) in compliance with the applicable data protection rules.

  • The UK GDPR introduces a duty for you to appoint a data protection officer (DPO) if you are a public authority or body, or if you carry out certain types of processing activities.
  • DPOs assist you to monitor internal compliance, inform and advise on your data protection obligations, provide advice regarding Data Protection Impact Assessments (DPIAs) and act as a contact point for data subjects and the Information Commissioner’s Office (ICO). 
  • The DPO must be independent, an expert in data protection, adequately resourced, and report to the highest management level.
  • A DPO can be an existing employee or externally appointed.
  • In some cases several organisations can appoint a single DPO between them.
  • DPOs can help you demonstrate compliance and are part of the enhanced focus on accountability.
Data Protection Officers ICO

Rights of Access – Subject Access Request

One of the key rights that individuals have under the DPA and the GDPR is the right to access their personal data. This means that individuals can request a copy of the personal data that an organisation holds about them.

  • Individuals have the right to access and receive a copy of their personal data, and other supplementary information.
  • This is commonly referred to as a subject access request or ‘SAR’.
  • Individuals can make SARs verbally or in writing, including via social media.
  • A third party can also make a SAR on behalf of another person.
  • In most circumstances, you cannot charge a fee to deal with a request.
  • You should respond without delay and within one month of receipt of the request.
  • You may extend the time limit by a further two months if the request is complex or if you receive a number of requests from the individual.
  • You should perform a reasonable search for the requested information.
  • You should provide the information in an accessible, concise and intelligible format.
  • The information should be disclosed securely.
  • You can only refuse to provide the information if an exemption or restriction applies, or if the request is manifestly unfounded or excessive.
Rights of Access (SAR) ICO

How to make a Subject Access Report (SAR)

To make a Subject Access Request (SAR), individuals should follow these steps:

  1. Identify the organisation: The first step is to identify the organisation that holds your personal data. This could be your employer, your bank, your healthcare provider, or any other organisation that you have interacted with.
  2. Make a request: Once you have identified the organisation, you should make a subject access request. You can do this by writing to the organisation or filling in a subject access request form, if they have one.
  3. Provide identification: The organisation will need to verify your identity before they can provide you with a copy of your personal data. They may ask for a copy of your passport, driving license, or other form of identification.
  4. Wait for a response: The organisation has 30 days to respond to your subject access request. They may ask for more information or clarification if they need it.
  5. Receive your personal data: Once the organisation has verified your identity and processed your request, they will provide you with a copy of your personal data. This may be in electronic or paper form, depending on how the organisation stores your data.
  6. Review your personal data: Once you have received your personal data, you should review it to ensure that it is accurate and up-to-date. If you find any errors or inaccuracies, you can request that the organisation corrects them.

Make a data protection complaint to an organisation

You can complain to an organisation about how it is handling yours or other people’s information; if it:

  • has not properly responded to your request for your personal information;
  • is not keeping information secure;
  • holds inaccurate information about you;
  • has disclosed information about you;
  • is keeping information about you for longer than is necessary;
  • has collected information for one reason and is using it for something else; or
  • has not upheld any of your data protection rights.
How to make a data protection complaint to an organisation ICO

To make a complaint you must follow the steps below:

  1. Complain directly to the organisation involved
  2. Give the organisation one month to respond to your complaint or request.
  3. Ask the organisation involved for clarification if you don’t understand or you’re unhappy with their response.
  4. Complain to the ICO

If you have followed these steps or the organisation is refusing to respond to you, you can complain to the ICO.

Before you submit a complaint about an organisation you should read about what to expect from the ICO.

In conclusion, the Data Protection Act 2018 is a crucial piece of legislation that sets out the rules and regulations governing data protection in the UK. The DPA incorporates the GDPR into UK law, which means that organisations in the UK must comply with both the DPA and the GDPR.

One of the key rights that individuals have under the DPA and the GDPR is the right to access their personal data. To make a subject access request, individuals should follow the steps outlined above. By following the rules and regulations set out in the DPA and the GDPR, organisations can ensure that they protect the personal data of their customers, employees, and stakeholders.

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.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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
Free Speech Law Legal Analysis

Domain Names and Freedom of Expression

Freedom of Expression

The Ministry of Injustice have a number of domains names that can be used to access the MOI and other websites.

All domains are used for a lawful purpose in line with the relevant domain registry rules. The domains are clearly not being used to commit fraud or deceive the public.

A few of the MOI domain names have recently been temporarily suspended by Nominet and then reactivated having followed their verification process.

One particular domain name has been suspended and reactivated twice following a report to Nominet by the National Fraud Intelligence Bureau (NFIB).

I am told suspension is “Something you are just going to have to live with”.

Freedom of expression

1 Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2 The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Article 10 of the Human Rights Act

If the public authorities don’t like certain domain names being used, then why didn’t they register them for themselves ?

MOI domains

btppolice.uk
ci5.uk
cityoflondonpolice.uk
cjscp.uk
cjsm.uk
cpsgov.uk
hampshirepolice.uk
hertspolice.uk
judges.uk
justice.me.uk
met-police.uk
mi5gov.uk
mi6gov.uk
ministryofinjustice.co.uk
ministryofinjustice.com
ministryofinjustice.uk
moi.me.uk
ncagov.uk
pdspolice.uk
roguelawyer.co.uk
royalcourtsofjustice.co.uk
royalcourtsofjustice.uk
unlawful.co.uk
sisgov.uk
sussexpolice.uk
sussex-police.uk
thesecretbarrister.co.uk
west-midlands-police.uk

Terms & Conditions of Domain Name Registration – The contract a Registrant enters into with Nominet when they register a .UK domain name.

Rules of Registration – The rules for the registration and use of domain names within the .UK domain and its sub-domains. These rules form part of our Terms & Conditions of Domain Name Registration and are part of the Registrant’s contract with Nominet.

Criminal Practices Policy – How we address criminal activity in .UK, .cymru and .wales. This policy is also available in Welsh.

DRS Policy – the rules and procedures governing our Dispute Resolution Service. Understanding these rules is vital.

List of .gov.uk domain names

A list of active .gov.uk domain names is updated once a year by the Central Digital and Data Office.

List of .gov.uk domain names as of 13th January 2025

For some reason this list was not updated in 2024 ?

Domain Squatting and Cyber Security ?

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.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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 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.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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

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.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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

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.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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

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.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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

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.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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

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.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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

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.

“Publicity is the very soul of justice. . . . It keeps the judge himself, while trying, under trial….Where there is no publicity there is no justice”

Jeremy Bentham – Mr Justice Cobb: ‘Justice must be seen to be done’

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