Category: Law

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

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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.

“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’

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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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Law

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.

“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’

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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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Law

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.

“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’

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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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Law

What is the Law ?

what is law

The law is a fundamental aspect of any society, and the United Kingdom is no exception.

The law governs our everyday lives, providing a framework for behaviour and a means to resolve disputes. But what exactly is law in the UK ?

‘If you think the criminal courts are dysfunctional, take a look at the family court system. Just a giant money tree for the lawyers.’

Chris Daw KC

Sources of UK Law

The UK legal system is based on common law, which means that laws are created through court decisions as well as through legislation. The main sources of UK law are:

  1. Statute law – Statute law is law that is created by Parliament through Acts of Parliament. These laws are written down and apply to everyone in the UK. Statute law can only be changed or repealed by Parliament. Examples of statutory law include the Human Rights Act 1998, the Equality Act 2010, and the Accessories and Abettors Act 1861.
  2. Common law – Common law is law that is created through court decisions. Judges use precedents (previous court decisions) to decide cases, and these decisions then become part of the law. Common law can be changed or overridden by statute law. Examples of common law include the principles of negligence and tort law.
  3. European Union law – The UK was a member of the European Union until 2020, and during that time, EU law had an impact on UK law. EU law includes regulations, directives, and decisions, and it takes precedence over UK law. Examples of EU law include the General Data Protection Regulation (GDPR), the Working Time Directive, and the Environmental Liability Directive.
  4. International law – International law is the set of rules and principles that govern relations between states. The UK is bound by international treaties and agreements, and international law can also be used to interpret UK law. Examples of international law include the Universal Declaration of Human Rights, the Geneva Conventions, and the United Nations Convention on the Rights of the Child.

Principles of UK Law

There are several key principles that underpin UK law. These include:

  1. The Rule of Law – This principle means that everyone is subject to the law, including the government. The law is applied fairly and equally to everyone, and no one is above the law. The rule of law ensures that the legal system is fair, predictable, and consistent.
  2. Parliamentary Sovereignty – This principle means that Parliament is the supreme law-making authority in the UK. Parliament can make or unmake any law, and no other body can override or challenge its decisions. This principle gives Parliament significant power over the legal system and ensures that the law reflects the will of the people.
  3. Separation of Powers – This principle means that the UK government is divided into three branches: the executive, the legislature, and the judiciary. Each branch has its own powers and responsibilities, and they act as a check on each other to prevent any one branch from becoming too powerful.
  4. Human Rights – The UK is bound by various international human rights treaties and agreements, including the European Convention on Human Rights. These treaties and agreements provide legal protection for fundamental human rights such as freedom of speech, freedom of religion, and the right to a fair trial.

Structure of UK Law

The UK legal system is hierarchical, with different courts having different levels of authority. The highest court in the UK is the Supreme Court, which is the final court of appeal for all civil and criminal cases in the UK. Below the Supreme Court are the Court of Appeal, the High Court, and various lower courts such as the Magistrates’ Court and the Crown Court.

In conclusion, the law is an essential aspect of UK society, providing a framework for behaviour and a means to resolve disputes.

UK law is based on common law and statutory law, and it is underpinned by principles such as the rule of law, parliamentary sovereignty, separation of powers, and human rights.

The UK legal system is hierarchical, with different courts having different levels of authority, and the Supreme Court being the final court of appeal.

Check out our related articles on Rule of Law, Open Justice, Is the Law Black and White ?, Branches of Law, 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’

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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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Law

Accessories and Abettors Act 1861

Accessories and Abettors Act 1861

This Accessories and Abettors Act 1861 was introduced to clarify the legal position of those who assist, encourage, or facilitate the commission of a crime. It is therefore a piece of legislation that has had a significant impact on criminal law in England and Wales.

Could a Senior Financial Remedy Judge such as HHJ Farquhar, whilst sitting in Private, have committed a criminal offence under Section 3 of Accessories and Abettors Act 1861 by “encouraging and turning a blind eye” to an allegation of fraud ?

The Rule of Law is clear that “no one is above the law”.

Prior to the introduction of this Act, the law surrounding accomplices was unclear and inconsistent.

The Accessories and Abettors Act 1861 aimed to address this by providing a clear and consistent framework for dealing with those who aid or encourage the commission of a crime.

The Act consists of three sections, each dealing with a different aspect of criminal liability.

Section 1 deals with those who aid, abet, counsel or procure the commission of an offence. This section makes it an offence to aid, abet, counsel or procure the commission of an offence, even if the person who aids or encourages the offence does not actually commit the offence themselves.

Section 2 of the Act deals with those who are present at the scene of a crime and who help the person who has committed the offence to escape punishment. This section makes it an offence to assist a person who has committed an offence to avoid arrest, trial or punishment.

Section 3 of the Act deals with those who receive, relieve, comfort or assist a person who has committed an offence, knowing that person to be guilty of that offence. This section makes it an offence to help someone who has committed a crime to evade justice.

Accessories and Abettors Act 1861Download

The Accessories and Abettors Act 1861 has been used in a wide range of criminal cases, from minor offences such as shoplifting to more serious crimes such as murder. It has proved to be a useful tool for prosecutors, allowing them to hold not only the principal offender but also those who aided or encouraged the offence to account.

In recent years, the Act has been used in cases involving cybercrime and terrorism. For example, in 2015, a man was charged under Section 1 of the Act for providing material support to ISIS. In this case, the man was not directly involved in any terrorist activities himself, but he was found to have provided financial and logistical support to those who were.

While the Accessories and Abettors Act 1861 has been a useful tool for prosecutors, it is not without its critics. Some have argued that the Act is too broad and can be used to prosecute individuals who had only a minor role in a crime.

Others have argued that the Act is outdated and in need of reform to take into account modern technology and the changing nature of criminal activity.

In conclusion, the Accessories and Abettors Act 1861 has been an important piece of legislation in the development of criminal law in England and Wales.

Its clear and consistent framework for dealing with accomplices has helped to ensure that those who aid or encourage the commission of a crime can be held accountable for their actions. However, as with any piece of legislation, there is always room for debate and discussion about its effectiveness and potential for reform.

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’

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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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Law

Oldest Legislation that is still in use today ?

Oldest Legislation

Here are the 25 oldest pieces of UK legislation, in chronological order, that are still in use today :-

  1. Statute of Marlborough 1267: This statute established the common law in England, including the principle of due process, the right to a fair trial, and the requirement that legal disputes be resolved by a jury.
  2. Magna Carta 1297: This historic document established the principle of the rule of law and limited the power of the monarch by granting certain rights and freedoms to the people.
  3. Statute of Westminster 1275: This statute set out the legal procedure for bringing criminal charges and introduced the concept of “treason” as a criminal offense.
  4. Quia Emptores 1290: This statute regulated the sale of land and established the principle of subinfeudation, which allowed tenants to sublet or sell their land.
  5. Statute of Gloucester 1278: This statute set out the legal procedure for bringing civil claims and established the principle of “trial by jury.”
  6. De Donis Conditionalibus 1285: This statute established the concept of “fee tail” in property law, which allowed landowners to restrict the inheritance of their property.
  7. Statute of Quo Warranto 1290: This statute regulated the granting of royal charters and established the principle that all franchises and liberties should be granted by the king or his representative.
  8. Westminster II 1285: This statute regulated the use of the writ of “novel disseisin,” which allowed a landowner to recover property that had been taken by force.
  9. Statute of Winchester 1285: This statute established the principle of “hue and cry,” which required all citizens to assist in the capture of criminals and the maintenance of law and order.
  10. Articuli Super Chartas 1300: This statute confirmed the rights and privileges granted in Magna Carta and established the principle that the king was subject to the law.
  11. The Charter of the Forest 1217: This historic document granted certain rights and freedoms to the people, including the right to use the royal forests for grazing and hunting.
  12. The Charter of Liberties 1100: This historic document granted certain rights and freedoms to the people, including the right to a fair trial and protection from arbitrary imprisonment.
  13. The Assize of Clarendon 1166: This law established the principle of “trial by jury” and regulated the legal procedure for criminal trials.
  14. The Statute of Mortmain 1279: This statute regulated the transfer of land to the church and limited the ability of religious orders to acquire land.
  15. The Statute of Westminster II 1285: This statute established the principle of “trial by jury” in civil cases and regulated the use of the writ of “novel disseisin.”
  16. The Statute of Merton 1235: This statute regulated the use of “common land” and established the principle that landowners could enclose their land.
  17. The Statute of Marlborough 1267: This statute established the principle of “trial by jury” and regulated the legal procedure for civil trials.
  18. The Statute of Westminster III 1354: This statute established the principle of “due process” and granted certain rights to accused persons, including the right to a fair trial.
  19. The Statute of Westminster I 1275: This statute regulated the legal procedure for criminal trials and introduced the concept of “treason” as a criminal offense.
  20. The Statute of Gloucester 1278: This statute established the principle of “trial by jury” and regulated the legal procedure for civil trials.
  21. The Statute of Quia Emptores 1290: This statute regulated the sale of land and limited the ability of tenants to sublet or sell their land.
  22. The Statute of Winchester 1285: This statute regulated the maintenance of law and order and established the principle of “hue and cry.”
  23. The Statute of Northampton 1328: This statute regulated the use of force by constables and established the principle that individuals had the right to protect themselves and their property.
  24. The Statute of Westminster I 1275 (Second enactment): This statute regulated the legal procedure for civil trials and established the principle of “trial by jury.”
  25. The Statute of Treasons 1351: This statute established the concept of “high treason” as a criminal offense and regulated the legal procedure for treason trials.

It is worth noting that while these laws are still technically in use, many have been amended or repealed over the centuries, and their relevance in modern legal practice is limited.

If you wish to learn more about these laws or access their full text, you can search for them on the official UK legislation website.

What is an Act of Parliament ?

An Act of Parliament creates a new law or changes an existing law. An Act is a Bill that has been approved by both the House of Commons and the House of Lords and been given Royal Assent by the Monarch. Taken together, Acts of Parliament make up what is known as Statute Law in the UK.

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 ↓

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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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Law Legal Analysis

The Privy Council

the privy council united kingdom

The Privy Council is an institution that has played an important role in the governance of many countries throughout history.

Its origins can be traced back to the medieval period when it was established as a group of trusted advisors to the monarch.

Over time, the role and composition of the Privy Council have changed, but it remains an important institution today.

History of the Privy Council

The origins of the Privy Council can be traced back to the 13th century when it was established as a group of advisors to the English monarch. Its role was to provide advice on matters of state, and its membership was made up of senior nobles and bishops.

Over time, the Privy Council’s role expanded, and it became involved in the administration of justice and the governance of the country.

During the Tudor period, the Privy Council played an important role in the governance of England. It was responsible for enforcing royal policy, managing the economy, and overseeing the administration of justice. The Privy Council also had the power to make laws, and its decisions were binding.

In the 17th century, the Privy Council’s role changed once again. With the rise of Parliament, its power was reduced, and it became more of a ceremonial institution. However, it remained an important symbol of the monarch’s authority and continued to play a role in the governance of the country.

In the 19th century, the Privy Council’s role changed once again. With the growth of the British Empire, the Privy Council became responsible for overseeing the administration of justice in the colonies. It established the Judicial Committee of the Privy Council, which became the final court of appeal for many countries in the Commonwealth.

The Privy Council Today

Today, the Privy Council remains an important institution in many Commonwealth countries. Its role varies from country to country, but it continues to provide advice to the monarch and play a role in the governance of the country.

“These days, however, the Privy Council is simply the mechanism through which interdepartmental agreement is reached on those items of Government business which, for historical or other reasons, fall to Ministers as Privy Counsellors rather than as Departmental Ministers.

Although members of the Privy Council are appointed for life, only Ministers of the current Government participate in its day-to-day business and they are accountable to Parliament for all matters conducted through the Privy Council. The Ministerial head of the Privy Council Office is the Lord President of the Council.

Privy Council business falls into two main categories:

  • Prerogative business – where there is no legislation allocating the responsibility to a particular Minister, the Privy Council provides a mechanism for Ministerial advice to The King, since constitutionally The King acts only on such advice.
  • Statutory business – where an Act of Parliament has given order making powers to either the The King in Council (Orders in Council) or the Privy Council (Orders of Council).

“Prerogative” business taken through the Privy Council means, almost exclusively these days, the affairs of Chartered bodies; the 1000 or so institutions, charities and companies who are incorporated by Royal Charter. Most other historical prerogative powers have been taken over by Parliament, and the Privy Council is not involved for example in declarations of war or the prerogative of mercy.

The Privy Council also has an important part to play in respect of certain statutory regulatory bodies covering a number of professions including health, and in the world of higher education.

Orders “in” and “of” Council are no different from other forms of delegated legislation. Where they are statutory they will usually involve a Parliamentary procedure. Where they are prerogative they will usually be of no particular public interest, other than to the bodies to which they refer.

The details of its past meetings are published on the Privy Council website, along with all Orders “in”, and Orders “of”, Council.

The Rt Hon Penny Mordaunt was appointed as Lord President of the Council in September 2022.“

The Privy Council

Origins of the Word Privy

The word “privy” comes from the Latin word “privatus,” which means “private.” In medieval times, a privy council was a group of advisors who were chosen by the monarch to provide private counsel.

The word “privy” also has a connection to the word “privacy,” which suggests that the council’s discussions were confidential and private.

There is also the noun privy which is an outdoor toilet, typically a small shed with a bench with a hole over a pit.

The word “privy” as a toilet can be traced back to Middle English, where it was originally used to refer to a private room or chamber. Over time, the term came to be associated specifically with a small, enclosed room that was used as a toilet.

In medieval times, people often used chamber pots or simply relieved themselves in the open air. But as cities grew more crowded and sanitation became a concern, some households began to construct small, enclosed rooms that could be used as a private toilet. These rooms were often located in a separate building outside the main house, and they were known as “privies.”

As indoor plumbing became more common in the 19th and 20th centuries, the use of outdoor privies declined. However, the term “privy” has persisted as a somewhat old-fashioned way of referring to an outdoor toilet or outhouse.

The Full Title of the Privy Council

The full title of the Privy Council is the “Most Honourable Privy Council.” This title reflects the council’s importance and status as a symbol of the monarch’s authority.

The Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council (JCPC) is an important institution that has played a key role in the administration of justice in many Commonwealth countries. It was established in the 19th century to provide a final court of appeal for the colonies.

The Judicial Committee is made up of judges who are appointed by the monarch on the advice of the Prime Minister. Its decisions are binding and cannot be appealed, and it has the power to hear cases from any country in the Commonwealth.

Today, the Judicial Committee continues to hear cases from many Commonwealth countries, including Canada, Australia, and New Zealand. Its decisions have played an important role in the development of the law in these countries.

Commonwealth Countries and the Privy Council

The Privy Council continues to play a role in the governance of many Commonwealth countries. Its role varies from country to country, but it remains an important institution in many places.

In the United Kingdom, the Privy Council provides advice to the monarch on matters of state, and its members are appointed by the monarch on the advice of the Prime Minister. The Privy Council also has the power to make laws, and its decisions are binding.

In Canada, the Privy Council is a group of advisors to the Governor General, who acts as the King’s representative. Its role is to provide advice on matters of state, and its members are appointed by the Governor General on the advice of the Prime Minister.

In Australia, the Privy Council no longer plays a role in the governance of the country. In 1986, the country abolished appeals to the Privy Council and established the High Court of Australia as the final court of appeal.

In New Zealand, the Privy Council was the final court of appeal until 2004 when the country established the Supreme Court of New Zealand. Today, the Privy Council no longer plays a role in the governance of New Zealand.

In many other Commonwealth countries, the Privy Council continues to play a role in the administration of justice. Its decisions have had a significant impact on the development of the law in these countries, and its role as a symbol of the monarch’s authority remains an important part of their constitutional systems.

The Privy Council is an institution that has played an important role in the governance of many countries throughout history. Its origins can be traced back to the medieval period, and it has evolved over time to reflect changing political and social conditions.

Today, the Privy Council remains an important institution in many Commonwealth countries, providing advice to the monarch and playing a role in the administration of justice.

Its role varies from country to country, but it remains an important symbol of the monarch’s authority and a key part of the constitutional system.

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’

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Equality Act 2010

law and justice equality

The Equality Act 2010 is a piece of legislation in the UK that was introduced to provide a comprehensive framework for tackling discrimination and promoting equality.

The Act was introduced on the1st October 2010 and replaced previous anti-discrimination laws, such as the Race Relations Act and the Disability Discrimination Act.

The Act covers a wide range of areas, including access to goods and services, employment, and schools and education.

Its provisions are designed to ensure that everyone has equal opportunities and is treated fairly, regardless of their protected characteristics.

Protected Characteristics

The Equality Act 2010 outlines nine protected characteristics that are protected by law. These characteristics are:

  1. Age
  2. Disability
  3. Gender reassignment
  4. Marriage and civil partnership
  5. Pregnancy and maternity
  6. Race
  7. Religion or belief
  8. Sex
  9. Sexual orientation

These characteristics are protected by law, which means that it is illegal to discriminate against someone based on any of these characteristics.

Discrimination can take many forms, including direct discrimination, indirect discrimination, harassment, victimisation, and failure to make reasonable adjustments.

Understanding the Protected Characteristics

Age

Age discrimination occurs when someone is treated unfairly because of their age. This can include refusing to hire someone because they are too old or too young, or treating someone differently because of their age.

Disability

Disability discrimination occurs when someone is treated unfairly because of a physical or mental disability. This can include things like refusing to make reasonable adjustments to accommodate someone’s disability or treating someone differently because of their disability.

Gender Reassignment

Gender reassignment discrimination occurs when someone is treated unfairly because they are transitioning or have transitioned from one gender to another.

Marriage and Civil Partnership

Marriage and civil partnership discrimination occurs when someone is treated unfairly because they are married or in a civil partnership.

Pregnancy and Maternity:

Pregnancy and maternity discrimination occurs when someone is treated unfairly because they are pregnant, have given birth, or are on maternity leave.

Race

Race discrimination occurs when someone is treated unfairly because of their race or ethnicity. This can include things like racial slurs, jokes, and offensive comments.

Religion or Belief:

Religion or belief discrimination occurs when someone is treated unfairly because of their religion or belief system. This can include things like refusing to hire someone because of their religion or treating someone differently because of their beliefs.

Sex

Sex discrimination occurs when someone is treated unfairly because of their sex. This can include things like paying women less than men for the same work or refusing to hire someone because of their gender.

Sexual Orientation

Sexual orientation discrimination occurs when someone is treated unfairly because of their sexual orientation. This can include things like refusing to serve someone in a restaurant because of their sexual orientation or treating someone differently because of their sexual orientation.

Public Sector Equality Duty

The Equality Act 2010 also introduced a public sector equality duty, which requires public authorities to promote equality and eliminate discrimination in their policies and practices. This duty applies to all public authorities, including government departments, local councils, and the NHS.

Under the public sector equality duty, public authorities must:

  • Eliminate discrimination, harassment, and victimisation.
  • Advance equality of opportunity.
  • Foster good relations between different groups.

Public authorities must also publish equality objectives and gather data on the diversity of their workforce and service users.

The Equality Act 2010 is an important piece of legislation that is designed to promote equality and protect individuals from discrimination.

Its provisions cover a wide range of areas, including access to goods and services, employment, and education, and it outlines nine protected characteristics that are protected by law.

By ensuring that everyone has equal opportunities and is treated fairly, the Act helps to create a more inclusive society where everyone can thrive. The Act also includes the public sector equality duty, which requires public authorities to promote equality and eliminate discrimination in their policies and practices.

If you feel that you have experienced discrimination based on any of the protected characteristics outlined in the Equality Act 2010, there are several resources available to you.

The Equality and Human Rights Commission (EHRC) is an independent body that is responsible for promoting and enforcing equality and human rights laws in the UK. They provide information and guidance on discrimination and can also take legal action against individuals or organizations who violate the Equality Act.

You can also seek advice and support from organisations that specialise in supporting individuals who have experienced discrimination. Some examples include:

  • The Citizens Advice Bureau: Provides free and confidential advice on a wide range of issues, including discrimination.
  • Stonewall: A charity that works to promote equality for lesbian, gay, bi, trans, queer, questioning and ace (LGBTQ+) people
  • Disability Rights UK: A charity that provides support and information for disabled people.
  • Equality and Employment Law Centre is a not-for-profit, specialist provider of employment law, discrimination and HR advice and services.

In conclusion, the Equality Act 2010 is an essential piece of legislation that protects individuals from discrimination and promotes equality.

By understanding the protected characteristics and the provisions of the Act, we can all work towards creating a more inclusive and equal society.

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Equality Act 2010 Correction SlipDownload

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’

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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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Etiquette and Manners in Court

etiquette and manners in court

Etiquette and manners are important aspects of the court system. They help to maintain the decorum of the court, ensure the fair and impartial administration of justice, and demonstrate respect for the rule of law.

Etiquette and Manners Legal Penalties ?

While there are no specific laws or penalties related to court etiquette and manners, it is generally expected that all participants in the court system, including judges, barristers, solicitors, and members of the public, behave in a professional and respectful manner.

Show respect to the Judge

One of the most important rules of court etiquette is to show respect for the judge.

This includes standing up when the judge enters or leaves the courtroom, addressing the judge as “Your Honour” or “Sir/Madam,” and speaking only when spoken to.

It is also important to remain quiet and attentive during court proceedings, and to avoid any disruptive behaviour such as talking loudly, eating or drinking, or using mobile phones.

There is no requirement to bow to a judge. Please see our articles Do You Have to Bow to a Judge ? and Can you Criticise a Judge ?

Court Dress Code

Another key aspect of court etiquette is dress code. Participants in court proceedings are expected to dress appropriately and professionally, with men typically wearing suits and ties and women wearing similarly formal attire. Revealing or provocative clothing is not considered appropriate for court.

Rules specific to Barristers

In addition to these general rules of court etiquette, there are also specific rules related to the behaviour of barristers. Barristers are expected to maintain a high level of professionalism and to act in accordance with the Bar Standards Board Code of Conduct. This includes showing respect to the court and to other participants in the legal system, and refraining from any behaviour that could be seen as disrespectful or unprofessional.

Barristers are also expected to be polite and courteous to their clients, and to treat them with respect and professionalism. However, this does not necessarily mean that barristers must always agree with their clients or follow their instructions.

Barristers have a duty to act in the best interests of their clients, even if this means disagreeing with them or offering advice that they may not want to hear.

How to Address a Judge ?

  • High Court Masters, Insolvency and Companies Court Judges and Deputy District Judges are also to be addressed as ‘Judge’
  • Senior Judges, Court of Appeal Judges and High Court Judges are to be addressed as ‘My Lord’ or ‘My Lady’
  • Circuit Judges are to be addressed as ‘Your Honour’
  • Deputy District Judges are to be addressed as ‘Sir’ or ‘Madam’
  • Magistrates are to be addressed as ‘Your Worship’, or ‘Sir’ or ‘Madam’

It is quite telling of the Judiciary and Justice system that the article What do I call a judge? published on the Judiciary website makes no account for transgender people.

How to Address a Barrister ?

There are also specific rules related to how barristers should address judges and other legal professionals. Barristers should also address other barristers, solicitors and Litigants in Person(LIP) by the appropriate pronoun usually followed by their surname.

Judges Powers

Judges have the power to enforce order in the court and maintain decorum and to reprimand participants who engage in inappropriate behaviour. This includes the power to issue warnings, to impose fines for contempt of court, and to remove participants from the courtroom if necessary.

Inappropriate behaviour in court can take many forms, but generally refers to any behaviour that disrupts court proceedings or shows disrespect for the court or other participants in the legal process. Examples of inappropriate behaviour might include:

  • Speaking out of turn or interrupting court proceedings
  • Using offensive or disrespectful language
  • Failing to follow court rules or directions
  • Ignoring the authority of the judge or court
  • Failing to show respect for the court, such as by not standing when the judge enters or leaves the courtroom

It should be noted that Article 10 of the Human Rights Act 1998 protects your right to hold your own opinions.

This is a qualified right which lets you hold opinions and express them freely verbally, in writing, through television, radio or the internet.

The Law and Practice Directions

There are a number of laws, practice directions, and rules that govern court proceedings and provide guidance on appropriate behaviour. These include:

  • The Contempt of Court Act 1981, which outlines the types of behaviour that may constitute contempt of court and sets out the penalties for contempt, including fines and imprisonment
  • The Family Procedure Rules, which set out the rules for the conduct of criminal proceedings in courts in England and Wales
  • The Criminal Procedure Rules, which set out the rules for the conduct of family proceedings in courts in England and Wales
  • The Civil Procedure Rules, which set out the rules for the conduct of civil proceedings in courts in England and Wales
  • The Practice Directions issued by the courts, such as the Supreme Court, which provide guidance on procedural matters and court etiquette.

Unwrite rules on Etiquette and Manners

In addition to these legal rules and guidance, there are also unwritten rules and traditions that govern court behaviour and etiquette.

These are based on longstanding traditions and customs and are designed to ensure that court proceedings are conducted in a respectful and dignified manner.

Conclusion

Overall, judges have a range of powers to enforce order in court and to ensure that court proceedings are conducted in a fair and respectful manner. Participants in court proceedings are expected to follow the rules and guidance set out by the courts, and to behave in a professional and respectful manner at all times.

Admonished by a High Court Judge

On the 2nd November 2022 at the High Court of England and Wales, I as a Litigant in Person (LIP) directly called the barrister Mr Gavin Howe a liar in Court.

This was a public hearing and the transcript could be requested using the form EX107: Order a transcript of court or tribunal proceedings.

Mrs Justice Roberts of the Family Division of the High Court, immediately admonished me and said that I should show Mr Howe “more courtesy and respect”.

Similar to a politician in parliament, I rephrased my factual assertion to comply with the rules of etiquette :-

“Mr Howe has attempted to either deliberately mislead the High Court by lying or is totally incompetent”.

This must have been acceptable to Mrs Justice Roberts as the hearing continued in earnest.

Read the reviews of Junior Sussex Barrister Gavin Howe and make up your own mind about a currently practising Barrister’s Competence, Etiquette and Manners.

etiquette and manners

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 ↓

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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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Constitutional Reform Act 2005

Ministry of Injustice - Law and Justice

The Constitutional Reform Act 2005 is a significant piece of legislation that introduced major changes to the constitutional framework of the United Kingdom.

A House of Lords Select Committee on the Constitution produced a report with evidence in relation to the Constitutional Reform Act 2005

Explanatory notes to accompany the legislation were also published. The Act received Royal Assent on 24th March 2005.

The Act was intended to modernise and streamline the UK’s constitutional arrangements and strengthen the independence of the judiciary.

This article will examine the key changes introduced by the Constitutional Reform Act 2005, why it is important, and other legislation it superseded. It will also focus on the creation of the Judicial Appointments Commission (JAC), the establishment of the Supreme Court and the appointment of the heads of Criminal and Family justice.

Creation of the Judicial Appointments Commission

The creation of the Judicial Appointments Commission (JAC) was one of the most significant changes introduced by the Constitutional Reform Act 2005. The JAC is responsible for appointing judges to the Supreme Court, the Court of Appeal, and other senior judicial positions. It was established to ensure that appointments were made on the basis of merit and not political considerations.

Before the creation of the JAC, judicial appointments were made by the Lord Chancellor. However, this process was criticized for being opaque and potentially open to political interference.

The creation of the JAC addressed these concerns by establishing an independent body to oversee the appointment of judges. The JAC has been praised for increasing the diversity of the judiciary, with more women and ethnic minorities appointed to senior judicial positions since its creation.

The JAC is made up of 15 Commissioners, including the Chairman, including the Lord Chief Justice, the President of the Supreme Court, and seven non-lawyers appointed by the Lord Chancellor. The Commission is responsible for advertising vacancies, shortlisting candidates, and making recommendations to the Lord Chancellor for appointment.

The Lord Chancellor is required to follow the Commission’s recommendations, except in exceptional circumstances.

The creation of the JAC has had a significant impact on the UK’s constitutional order.

It has helped to ensure that appointments to the judiciary are made on the basis of merit and not political considerations, which has helped to strengthen the independence of the judiciary.

Establishment of the Supreme Court

Another significant change introduced by the Constitutional Reform Act 2005 was the establishment of the Supreme Court. Prior to the Act, the highest court in the UK was the Appellate Committee of the House of Lords.

This arrangement was criticized for blurring the lines between the judiciary and the legislature, as the House of Lords was also a legislative body.

The establishment of the Supreme Court was intended to address these concerns by creating a separate and independent court to hear the most important cases.

The Supreme Court is now the final court of appeal in the UK for civil cases, and for criminal cases in England, Wales, and Northern Ireland.

The Supreme Court is made up of 12 judges, who are appointed by an independent selection commission. The establishment of the Supreme Court has helped to strengthen the independence of the judiciary by creating a separate and distinct court to hear the most important cases. It has also helped to clarify the separation of powers between the judiciary and the legislature.

Appointment of the Heads of Criminal and Family Justice

The Constitutional Reform Act 2005 also introduced changes to the appointment of the heads of criminal and family justice.

Before the Act, the Lord Chancellor had the responsibility of appointing judges to the Court of Appeal and the High Court. The Lord Chancellor also had the authority to make appointments to the heads of the criminal and family justice systems.

However, the Act removed these powers from the Lord Chancellor and transferred them to the Lord Chief Justice.

The Lord Chief Justice became responsible for appointing the heads of the criminal and family justice systems, including the Lord Chief Justice of England and Wales, the Master of the Rolls, the President of the King’s Bench Division, the President of the Family Division, and the Chancellor of the High Court.

This change was intended to strengthen the independence of the judiciary and remove any potential political influence from the appointment process.

The appointment of the heads of criminal and family justice is now made by a selection panel, which is chaired by the Lord Chief Justice and includes other senior members of the judiciary, as well as lay members. The panel makes recommendations to the Lord Chancellor, who must follow their advice unless there are exceptional circumstances.

The transfer of these powers from the Lord Chancellor to the Lord Chief Justice was a significant change that helped to further separate the judiciary from the executive. It ensured that appointments to the heads of the criminal and family justice systems were made on the basis of merit and not political considerations.

Superseded Legislation

The Constitutional Reform Act 2005 superseded several pieces of legislation, including the Judicial Appointments Commission Act 2004, the Supreme Court Act 1981, and the Appellate Jurisdiction Act 1876.

The Judicial Appointments Commission Act 2004 was repealed and replaced by the provisions of the Constitutional Reform Act 2005 that established the JAC.

The Supreme Court Act 1981 was also repealed, and the Supreme Court was established as a separate court under the new Act.

Finally, the Appellate Jurisdiction Act 1876 was repealed, and the judicial functions of the House of Lords were transferred to the Supreme Court.

A number of existing legislations were also affected, such as the Habeas Corpus Act 1679 and the Ecclesiastical Licences Act 1533.

The Oath of the Lord Chancellor

Finally, the Constitutional Reform Act 2005 Part 2 Section 17 introduced changes to the oath taken by the Lord Chancellor.

“I,     , do swear that in the office of Lord High Chancellor of Great Britain I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources for the efficient and effective support of the courts for which I am responsible. So help me God.”

Oath of the Lord Chancellor

Before the Act, the Lord Chancellor was required to swear an oath of allegiance to the King and to promise to uphold the judiciary’s independence. However, the Lord Chancellor was also a member of the executive and had political responsibilities.

The Act introduced a new oath for the Lord Chancellor, which removed any reference to political responsibilities.

The new oath requires the Lord Chancellor to swear to respect the rule of law, defend the independence of the judiciary, and ensure that justice is accessible to all. This change was intended to clarify the Lord Chancellor’s role as a guardian of the judiciary’s independence and to remove any potential conflicts of interest.

The Constitutional Reform Act 2005 was a significant piece of legislation that introduced major changes to the constitutional framework of the UK.

These changes have helped to strengthen the independence of the judiciary and clarify the separation of powers between the judiciary and the executive.

Constitutional Reform Act 2005 PDFDownload

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.

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