Category: Law

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

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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 Statute law can only be changed or repealed by Parliament.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.

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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.

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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.

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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.

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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.

Equality Act 2010Download
Equality Act 2010 Correction SlipDownload

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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

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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.

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Law

Burden and Standard of Proof

burden and standard

Burden and standard of proof are key concepts in the UK legal system that relate to the level of evidence required to prove a case.

The burden of proof refers to the responsibility of the party making an assertion to provide evidence to support it, while the standard of proof is the degree of certainty needed to prove that assertion.

In this article, we will examine the history and examples of burden and standard of proof in UK law.

History

The origins of the burden and standard of proof can be traced back to the Roman law principle of ‘onus probandi incumbit ei qui dicit, non ei qui negat,’ which translates to ‘the burden of proof is on the one who asserts, not on the one who denies.’

This principle was adopted into English law in the 17th century, where it became a fundamental part of the common law system.

In the 18th century, the standard of proof was established as ‘proof beyond a reasonable doubt’ in criminal cases, which required the prosecution to prove their case to a high level of certainty.

In civil cases, the standard of proof was set as ‘balance of probabilities‘ which required the plaintiff to prove their case on the balance of probabilities, i.e., that it was more likely than not that their version of events was correct.

Burden and standard of proof are important in both criminal and civil cases in the UK legal system.

Criminal Cases

In criminal cases, the prosecution must prove their case ‘beyond a reasonable doubt,’ which means that the evidence must be so strong that there is no other logical explanation for the defendant’s guilt.

This is often referred to as the 99% test.

This high standard of proof is necessary because the consequences of a criminal conviction can be severe, including imprisonment or even the death penalty.

One example of the burden and standard of proof in criminal cases is R v Woolmington (1935), where the defendant was charged with the murder of his wife.

The prosecution had the burden of proving that the defendant had killed his wife intentionally or recklessly, and they had to prove this beyond a reasonable doubt.

The defendant claimed that he had accidentally shot his wife while cleaning his gun, and the jury ultimately found him not guilty because the prosecution had failed to prove their case beyond a reasonable doubt.

Civil Cases including Family

In civil cases, the burden and standard of proof are different. The plaintiff has the burden of proving their case on the balance of probabilities, i.e., that it is more likely than not that their version of events is correct.

This is often referred to as the 51% test.

This lower standard of proof is necessary because the consequences of a civil case are less severe than a criminal case, usually involving monetary damages or injunctions.

An example of the burden and standard of proof in civil cases is the case of Re H and Others (Minors) (Sexual Abuse: Standard of Proof) (1996).

The case concerned allegations of sexual abuse against children in care, and the question was whether the standard of proof in such cases should be ‘beyond a reasonable doubt’ or the lower standard of ‘balance of probabilities.’

The court held that in cases involving serious allegations such as sexual abuse, the standard of proof should be ‘balance of probabilities,’ but the evidence must be ‘clear, cogent and convincing’ to establish liability.

In conclusion, the burden and standard of proof are essential concepts in the UK legal system that ensure that justice is served.

The burden of proof is on the party making an assertion, and the standard of proof depends on the type of case, with ‘beyond a reasonable doubt’ required in criminal cases and ‘balance of probabilities’ required in civil cases.

These principles have evolved over centuries of legal practice and are a critical part of ensuring fairness in the administration of justice.

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

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Law Legal Professionals

HMCTS

Ministry of Injustice - Law and Justice

His Majesty’s Courts and Tribunals Service (HMCTS) is an executive agency of the UK government, operating under the Ministry of Justice.

The Lord Chancellor, The Rt Hon Shabana Mahmood MP, heads the Ministry of Justice as the Secretary of State for Justice.

HMCTS Complaints Procedure

You might want to make a complaint to HMCTS. The HMCTS complaint process looks at how your case was handled by their staff.

HMCTS are not able to change the decision in your case or investigate how a judge or magistrate acted towards you.

HMCTS uses the Opinions, Praise, Treatment, Incident and Complaints system (OPTIC) which is the HMCTS feedback database/system used to record all customer feedback.

To complain about the HMCTS:

  • complete the online complaints form
  • speak to a member of staff in their buildings who will record your feedback
  • contact the courts or tribunals by email, phone or in writing

If you remain unsatisfied at the end of the complaints process, you can also ask your member of Parliament to refer your case to the Parliamentary and Health Service Ombudsman.

HMCTS ignore complaints

I raised an online complaint with HMCTS about the shambolic Brighton Family Court and Sussex Family Team on the 16th January 2023 some 55 working days ago (correct as 31st March 2023).

Confirmation email of complaint from HMCTS OPTIC 19th January 2023

I have previously attempted to raise a complaint with Sussex Family Court (in person, by phone, by email) but no one wants to communicate or accept any responsibility.

Sussex Family Court and its staff fail to communicate, list hearings, process applications, deal with complaints and struggle with basic administration. A senior judge told me they are short staffed and are “doing their best”.

This court and its staff are clearly “interfering with the smooth administration of justice” and are not fit for purpose.

HMCTS are in effect in contempt of court by their actions/inactions.

HMCTS claim to respond within 10 working days.

There has been absolutely no response despite having chased them 3 times with emails to [email protected]. Either my complaint is lost, I am being deliberately being ignored or they are still busy coming up with excuses ?

There are no published phone numbers for HMCTS and the only email addresses listed are [email protected] or [email protected].

There is no way I can see of contacting HMCTS.

On the 22nd March 2023 in utter desperation I sent the following to the Ministry of Justice (MoJ) Data protection Officer (DPO).

Dear MoJ DPO

https://complain-about-a-court-or-tribunal.form.service.justice.gov.uk/privacy

Do you have any contact details for the Complaints or “HMCTS optic” team ? I cannot find an email address or telephone number for the complaints team.

I am concerned that they are either deliberately ignoring me or my personal data has fallen into a “worm hole”.

I would therefore also like to make a SAR. I assume this can be done by email to you instead of by post to Disclosure Team which seems an antiquated approach.

Your help would be much appreciated.

Email to MoJ DPO [email protected] / [email protected]

HMCTS OPTIC Privacy Policy

The HMCTS OPTIC Privacy Policy clearly states that the data protection officer can be contacted at [email protected]

HMCTS OPTIC Privacy Policy 22nd March 2023

This is incorrect as emails to that address are undelivered. That email address does not exist.

Undelivered email to [email protected]

The Information Commissioner’s Office (ICO) entry for Z5679958 lists the DPO as [email protected].

Ministry of Justice ICO Registration reference:  Z5679958 24th March 2023

Is this an innocent mistake or further evidence of institutional incompetence ?

To be really “petty”, Petty should have a capital P as well. Hopefully they will update their website.

The MoJ’s DPO has a duty under GDPR to publish accurate information.

The requirement to send a Subject Access Request (SAR) to a postal address is also dubious and unnecessary as an email should suffice.

HMCTS OPTIC Privacy Policy SAR by Post 22nd March 2023

Update 24th March 2023 : The MoJ Data Access Team [email protected] have responded acknowledging the SAR. It seems, as suspected, you can apply by email and save a stamp.

However, they haven’t updated their email template and still refer to Her Majesty’s Prison and Probation Service and Her Majesty’s Court and Tribunal Service.

What an insult to his majesty the King. I have asked them to update this.

Dear Mr Watts

SUBJECT: Subject Access Request

Thank you for your email below in which you asked for information from the Ministry of Justice (MoJ).

Your request has been handled in line with the General Data Protection Regulation (GDPR) and the Data Protection Act (DPA) 2018 as a Subject Access Request (SAR) for your personal information.

In order for us to process your request we require acceptable proof of your identity.

  • Verifying Identity

Copies of two types of proof of identity. These can be a copy of a recent utility bill (dated within the last three months) and a copy of the photograph page of your passport or driving licence.

  • Search Location/Clarification

The MoJ is a large department with many functions and it will greatly assist us in providing you with the exact information you require if you are able to:

  1. Specify the information or processing activities your request relates to
  2. Provide more details that will help us locate the requested information; such as the context in which your information may have been processed and the likely dates when processing occurred

For your information, in the context of SARs, the MoJ consists of:-

  • Her Majesty’s Prison and Probation Service
  • Her Majesty’s Court and Tribunal Service
  • The Office of the Public Guardian,
  • The Legal Aid Agency, and
  • A large MoJ “HQ”

On receipt of acceptable proof of I.D. we will continue to process your request.

Yours sincerely

Disclosure Team

Disclosure & Library Team,
Information Services Division
Security and Information Group

MoJ Disclosure Team 24th March 2023

I still await a response from the MoJ to resolve my complaint along with a detailed explanation for the inexcusable HMCTS tardiness.

In the meantime check out our article on the highly questionable Sussex Family Justice Board.

Who are HMCTS ?

His Majesty’s Courts and Tribunals Service (HMCTS) is an executive agency of the UK government, operating under the Ministry of Justice. It is responsible for administering the court system in England and Wales, providing support to the courts, tribunals, and other judicial bodies to ensure their effective and efficient operation.

The history of HMCTS reflects a drive to improve the efficiency and effectiveness of the justice system, through the merger of the Court Service and the Tribunals Service in 2011. This created a more streamlined and efficient system that is better equipped to meet the needs of the public, under the oversight of the Ministry of Justice.

The annual budget of HMCTS is significant, reflecting the importance of the services it provides to the public. In 2021/22, the agency’s budget was £1.8 billion, which was a decrease from the previous year’s budget of £1.9 billion. The reduction in funding was due to the impact of the COVID-19 pandemic, which forced the agency to scale back some of its activities.

HMCTS is one of the largest employers in the UK justice system, with a workforce of around 28,000 staff. The agency employs a diverse range of people, including court staff, judges, legal advisers, and administrative staff, overseen by the Ministry of Justice.

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

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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 Police

Crime Statistics By Area

crime stats

What is a Crime ?

In the UK, a crime is defined as any act or omission that is prohibited by law and is punishable by the state through fines, imprisonment, or other penalties.. Crimes can range from minor offences, such as motoring/traffic offences or petty theft, to serious crimes, such as assault, murder, or drug trafficking.

What is a Criminal ?

Under UK law, a criminal is defined as a person who has committed a criminal offence. The specific offenses that are considered criminal under UK law are defined by various statutes, including the Theft Act 1968, the Fraud Act 2006, and the Misuse of Drugs Act 1971, among others.

What are Crime Statistics ?

Crime statistics in the UK refer to the collection and analysis of data on crime rates, patterns, and trends across the country. These statistics are usually compiled by government agencies, such as the Office for National Statistics (ONS), and are used to inform policies and strategies for reducing crime and ensuring public safety.

The ONS are the UK’s largest independent producer of official statistics and its recognised national statistical institute. They e are responsible for collecting and publishing statistics related to the economy, population and society at national, regional and local levels. They also conduct the census in England and Wales every 10 years.

Some commonly reported crime statistics in the UK include the overall number of crimes recorded, the number of specific types of crimes (such as violent crime or burglary), and the crime rate per capita.

These statistics may also include information on the demographics of offenders and victims, as well as the locations and times of reported crimes.

Where can I find Crime Stats online ?

There are multiple crime stat resources available and these are a selection of the most popular :-

You can check crime in your area at Police.uk

The Office for National Statistics (ONS) also publish crime data

Crime in England and Wales: year ending March 2024 is the latest report

Crime in England and Wales: Police Force Area data tables are published in excel format

“The number of police recorded crimes, percentage change from previous year and rate per 1,000 population by offence group, firearms, knife and sharp instrument, fraud and anti-social behaviour offences by Police Force Area.”

ukcrimestats who say they are the leading crime and postcode data research and analysis platform, also publish crime data that can be searched in a variety of ways :-

By Postcode Area

By Neighbourhood

The Metropolitan Police (Met Police) publish Stats and Data on their website.

Sussex Police publish Sussex Crime Stats which is searchable by neighbourhood.

ADT security provide an interactive crime map

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

Latest Articles ↓

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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.

Rule of Law - Open Justice - Policing By Consent