Categories
Law

Sussex Family Justice Board

  • Is the Sussex Family Justice Board membership biased in favour of the 1 Crown Office Row barristers chambers based in Brighton Sussex ?
  • How are Judicial Observers selected as this appears unduly biased towards members of the Brighton judiciary ?
  • Why were these judges listed as board members as this is clearly incompatible with the independent position of the judiciary ?
    • Mr Justice Williams – Family Division Liaison Judge for the South Eastern Circuit (Kent, Surrey, Sussex & Thames Valley) 
    • HHJ Bedford – Designated Family Judge for Sussex
    • HHJ Farquhar – Lead Judge of the Kent, Surrey & Sussex Financial Remedies Court (FRC)
    • HHJ Lusty – Family Judge
    • DJ Pollard – Family Judge
  • Who are the Sussex Family Justice Board accountable to ?
  • A treasurer is listed as a board member. Where does the money come from and where are the accounts ?
  • Does the Sussex Family Justice Board website comply with UK law ?
  • What is the Cafcass involvement with the Sussex Family Justice Board ?
  • Is “Justice” being done in secret by the Sussex Family Justice Board ?
  • Are there any grounds for suspicion that there has been an improper interference with the course of justice by the Sussex Family Justice Board ? R v Sussex Justices, Ex parte McCarthy [1924] 1 KB 256

There are significant concerns of bias, secrecy and judicial independence, which relate to the operation of the Sussex Family Justice Board.

Update 21st March 2023 : Sir Andrew McFarlane who is the President of the Family Division pfd.office@judiciary.uk has been contacted for his response.

Update 3rd April 2023 : HHJ Farquhar denies he has ever been a member of the Sussex Family Justice Board despite clear evidence that shows he has been a member of the SFJB for at least 5 years.

Update 24th April 2023 : HHJ Farquhar, HHJ Lusty and DJ Pollard have mysteriously vanished from the list of board members published on the Sussex Family Justice Board website.

A large number of pages and links have also been removed from the SFJB website. This is believed to have happened on the 18th April 2023 at 20:37.

Is this a cynical attempt at a cover up ? Who removed them and why ?

SFJB-List-of-Members.docx dated September 2018 was found in the Google cache and clearly shows that HHJ Bedford, HHJ Farquhar and DJ Pollard were board members.

Update 9th June 2023FOI request sent to Ministry of Justice

Update 18th June 2023 – All Sussex Judges and One High Court Judge have now vanished from the SFJB website.

Update 3rd July 2023 – Complaint filed.

Update 4th July 2023Ministry of Justice response to FOI request about Sussex Family Justice Board

  • The MoJ is not responsible for the Sussex Family Justice Board. 
  • The MoJ does not fund the Sussex Family Justice Board. 
  • The MoJ does not audit the Sussex Family Justice Board. 
  • The MoJ does not have a Terms of Reference document for the Sussex Family 
    Justice Board. 
  • The MoJ are not the correct authority to ask about this matter. Anything published regarding local roles, responsibilities and processes are locally determined and published by the relevant Local Family Justice Board(s). You may wish to contact Sussex Family Justice Board. Information on how to contact them can be found at: https://www.sussexfamilyjusticeboard.org.uk/
  • To advise and assist you, please note that Local Family Justice Boards are not public authorities under the Freedom of Information Act (FOIA). They are not named 
    in schedule 1 of FOIA or in an order of the Secretary of State, and are not a wholly owned company, so do not meet the definition under section 3 of FOIA and thus are not subject to Freedom of Information Requests.   
230609011 – FReedom of Information Request (FOI) Ministry of Justice

Update 7th August 2023 – The Sussex Family Justice Board website is now in maintenance mode (since 27th July 2023). Has the family justice cartel in Sussex finally been shut down for good ??

Sussex Family Justice Board (SFJB) RSS Feed XML <lastBuildDate>Thu, 27 Jul 2023 13:04:32 +0000</lastBuildDate>

Update 14th August 2023 – The Sussex Family Justice Board website is now partially back up as of 14th August 12:26. There are now 11 pages in total according to the SFJB XML Sitemap. Notably a Privacy policy is still missing !

*PLEASE NOTE THIS WEBSITE IS CURRENTLY UNDERGOING IMPORTANT UPDATES*

The Sussex Family Justice Board is a subsidiary of the National Family Justice Board and works collaboratively to improve the performance and efficiency of the local family justice system.

Please note that this website is up to date as at June 2023; it will be reviewed periodically by members of the Sussex Family Justice Board but we cannot guarantee that it is up-to-date at the time of reading.

Sussex Family Justice Board 14th August 2023

Four Sussex judges are now listed as observers and the board has a number of new members including 1-6 Crown Office Row ! Is HHJ Farquhar aware that he is now an observer ?

Sussex Family Justice Board Observers 14th August 2023
Sussex Family Justice Board Observers 14th August 2023
sussex family justce board rss feed 14th august 2023
Sussex Family Justice Board (SFJB) RSS Feed XML Mon, 14 Aug 2023 12:26:42 +0000

The National sponsor of the SFJB is listed as Tom Glynn Policy Unit Ministry of Justice. What is the real involvement of the MoJ in the SFJB ?

Fortunately, a copy of the Sussex Family Justice Board website was legally taken on the 19th March 2023 using HTTrack software and is safely and securely stored by the MOI as evidence.

A Google Search on the 3rd April 2023 returned the following :-

Google Search 3rd April 2023

A Bing Search on the 3rd April 2023 returned the following :-

Bing Search 3rd April 2023

The Sussex Family Justice Board website showed :-

Sussex Family Justice Board Members 3rd April 2023
Sussex Family Justice Board Judicial Board Members 3rd April 2023

The Sussex Family Justice Board website, according to their public RSS Feed, was updated on the 18th April 2023 at 20:37.

Sussex Family Justice Board (SFJB) RSS Feed XML <lastBuildDate>Tue, 18 Apr 2023 20:37:32 +0000</lastBuildDate>

HHJ Farquhar, HHJ Lusty and DJ Pollard have mysteriously been removed as board members.

Sussex Family Justice Board Judicial Board Members as of 22nd April 2023
Sussex Family Justice Board Judicial Board Members as of 22nd April 2023

The Sussex Family Justice Board website, according to their public RSS Feed, was yet again updated on the 18th June 2023 at 18:16:58. No judges are now listed as board members. It is assumed that all judges were removed as board members on this date.

Is this another cynical attempt at a cover up ? Who removed them and why ?

Sussex Family Justice Board (SFJB) RSS Feed XML <lastBuildDate>Tue, 18 June 2023 18:16:58 +0000</lastBuildDate>
SFJB-List-of-Members.docx dated September 2018

The open justice principle “that justice must be seen to be done as well as done” is a fundamental principle of the UK legal system.

“…there is a significant and important public interest in our society having and maintaining confidence in the work of the Family Court. Conversely, a largely closed system, where the public are given no account of how the court operates, leads to accusations that this is ‘secret’ justice and that the approach of the court is unsound, unfair or downright wrong….”

Sir Andrew McFarlane – President of the Family Division in his document Confidence and Confidentiality: Transparency in the Family Courts published 28th October 2021

The Guide to Judicial Conduct – Revised March 2018 (Updated September 2020) is clear about bias, in particular :-

“They should also bear in mind that too close a social relationship with a practitioner who is regularly involved in litigation before the officeholder’s court may create a perception of bias.”

Contact with the Legal Profession – The Guide to Judicial Conduct

It is extremely perverse and worrying that a board that supposedly promotes justice has a website that does not comply with UK law.

Multiple requests for information using the Sussex Family Justice Board Contact Us page have not resulted in any response.

A Freedom of Information (FOI) Request Information about the Sussex Family Justice Board (LFJB) was therefore made on the 17th March 2023 on WhatDoTheyKnow ?

Dear Sussex Local Family Justice Board,

Do you have a Terms of Reference document for the Sussex Family Justice Board similar to the Family Justice Board?

gov.uk Family Justice Board

Do you publish minutes and if so where ?

How are members of the Sussex Family Justice Board selected or elected ?

How does the Sussex Family Justice Board ensure there is no bias in the selection or election of board members ?

Do you have an updated members list as the list published and dated November 2020 appears out of date ?

Sussex Family Justice Board

Do 1 Crown Office Row (1COR) still sponsor the Sussex Family Justice Board website ?

1COR sponsor Sussex Family Justice Board

Who is legally responsible for the Sussex Family Justice Board website as this does appear to comply with UK law ?

How are the Judicial Observers selected as this appears biased towards the Brighton judiciary ?

How is the Sussex Family Justice Board funded ?

Do the Sussex Family Justice Board publish accounts and if so where ?

Are roles and responsibilities of the board and other policy documents published and if so where ?

Is the Sussex Family Justice Board audited by the Ministry of Justice or any other government or independent bodies ?

Please provide all relevant documents.

Yours faithfully,

Rev Dominic Watts

Ministry of Injustice
https://ministryofinjustice.co.uk

Information about the Sussex Family Justice Board (LFJB)

The Family Justice Board is the primary forum for setting direction for the family justice system and overseeing performance.

“The judge is not a member of the board as to be so would be incompatible with the independent position of the judiciary.”

Judiciary and the local justice system

Check out our articles on Sussex PoliceHHJ FarquharHHJ Bedford and Fraud in the Justice System.

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“Family justice boards” and the like everywhere now panicking as they finally realise what happens on the internet stays on the internet forever!

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Law

Libel and Slander

Libel and slander are both forms of defamation, which involve making a false statement about someone that damages their reputation.

Libel is a defamatory statement that is written. Slander is a defamatory statement that is oral.

In the United Kingdom, the laws around libel and slander are governed by the Defamation Act 2013 which replaced the previous common law rules on defamation.

Defamation Act 2013

The Defamation Act 2013 defines defamation as a statement that “causes or is likely to cause serious harm to the reputation of the claimant”. It also sets out the criteria for what constitutes a defamatory statement, including whether the statement would lower the claimant in the estimation of right-thinking members of society or whether it would cause the claimant to be shunned or avoided.

Under the Defamation Act 2013, a claimant has to show that the statement was published to a third party and that it referred to them directly or indirectly. The statement must also be shown to be false, unless it is a statement of opinion, in which case the defence of honest opinion may be used.

One of the key changes introduced by the Defamation Act 2013 was the introduction of a new defence of “truth”. If a defendant can prove that the statement is true, they will not be liable for defamation. The Act also introduced a defence of “honest opinion”, which can be used if the statement was a genuine expression of opinion, based on true facts, and was not malicious.

Another important change introduced by the Defamation Act 2013 was the requirement for claimants to show that they had suffered “serious harm” as a result of the defamatory statement. This was intended to prevent trivial claims from clogging up the courts and to ensure that claimants only pursued cases where there was a genuine loss.

Defamation

The role of solicitors and barristers in defamation cases is crucial. A solicitor will typically be the first point of contact for a potential claimant, and will assess the strength of their case and advise on whether it is worth pursuing. They will also be responsible for drafting the claim form and other legal documents, and for liaising with the defendant’s legal team.

The law says that the victim of libel or slander has just 12 months from the date of publication of the libellous or slanderous statement to start Court proceedings. The 12 month time limit can be varied in some circumstances.

Once the claim has been filed, the case will usually be heard in the High Court, although smaller cases may be heard in the County Court. In some cases, the parties may be able to reach a settlement before the case goes to court, but if the case proceeds to trial, a barrister will typically be instructed to represent the claimant.

Barristers are specialist advocates who are trained in the law and court procedure. They will provide advice on the strength of the case, draft legal arguments and represent the claimant in court. Barristers will also cross-examine witnesses and make closing submissions to the judge or jury.

Defendants in defamation cases will also typically be represented by a solicitor and barrister. Their role will be to defend the claim and argue that the statement was not defamatory, or that a defence applies. The defendant may also bring a counter-claim if they believe that the claimant has defamed them.

One important aspect of defamation law in the UK is the ability to apply for an injunction to prevent the publication of defamatory material. This is known as a “gagging order” and can be used to prevent a defendant from publishing further defamatory material, or to prevent the publication of material that has already been produced.

The role of the court in defamation cases is to balance the right to freedom of expression against the right to protect one’s reputation. The court will consider a range of factors, including the seriousness of the defamatory statement, the context in which it was made, the audience it was intended for, and whether the statement was made in the public interest.

Human Rights Act

The Human Rights Act 1998 (HRA) is an important piece of legislation in the UK that incorporates the European Convention on Human Rights (ECHR) into domestic law. The HRA has had a significant impact on defamation law in the UK, particularly in relation to the right to freedom of expression.

Under the HRA, individuals have the right to freedom of expression, which includes the freedom to hold opinions and to receive and impart information and ideas. However, this right is not absolute, and can be subject to restrictions that are necessary in a democratic society.

In defamation cases, the HRA has been used to strike a balance between the right to freedom of expression and the right to protect one’s reputation. The courts have recognised that freedom of expression is a fundamental right, but have also recognised that defamatory statements can have a serious impact on an individual’s reputation and can restrict their right to respect for private life under Article 8 of the ECHR.

In some cases, the HRA has been used to strengthen the defences available to defendants in defamation cases. For example, in the case of Reynolds v Times Newspapers Ltd [1999], the House of Lords (now the Supreme Court) developed a new defence of “responsible journalism” based on the right to freedom of expression under the HRA. The defence applies where a publication is on a matter of public interest, the publisher has taken reasonable steps to verify the information, and the publication is in the public interest.

Similarly, in the case of Jameel v Wall Street Journal Europe SPRL [2006], the Court of Appeal (Civil Division) held that the right to freedom of expression under the HRA required a high threshold for proving “serious harm” in defamation cases, and that a claimant must show that the publication had caused or was likely to cause “serious harm” to their reputation.

The HRA has also had an impact on the remedies available in defamation cases. Under Article 10 of the ECHR, individuals have the right to seek a remedy for a violation of their right to freedom of expression. This means that claimants in defamation cases can seek a range of remedies, including damages, injunctions, and apologies.

The Human Rights Act has had a significant impact on defamation law in the UK, particularly in relation to the right to freedom of expression.

The Act has been used to strike a balance between the right to freedom of expression and the right to protect one’s reputation, and has led to the development of new defences and a high threshold for proving “serious harm”.

The Act has also had an impact on the remedies available in defamation cases, and has reinforced the importance of the right to seek a remedy for a violation of the right to freedom of expression.

Summary

The law around libel and slander in the UK is complex, but is governed by the Defamation Act 2013. The Act introduced important changes, including a requirement for claimants to show “serious harm”, new defences of “truth” and “honest opinion”, and the ability to apply for an injunction to prevent the publication of defamatory material.

It is worth noting that the internet and social media have had a significant impact on defamation law in recent years.

Online platforms have made it easier for defamatory material to be published and shared, and have made it more difficult for individuals to protect their reputation.

However, the same principles of defamation law apply online as they do offline, and individuals can still take legal action to protect their reputation.

In addition, the Defamation Act 2013 introduced new provisions to address the issue of online defamation.

These include a new defence of publication on a matter of public interest, which can be used if the statement was published in the public interest and the defendant reasonably believed it to be true.

Overall, libel and slander remain important areas of law in the UK, and individuals and organisations need to be aware of their rights and responsibilities when it comes to protecting their reputation or defending against defamatory statements.

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

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Counter Disinformation Unit (CDU)

The Counter Disinformation Unit (CDU) at the Department for Science, Innovation and Technology was allegedly established to bring together cross-government monitoring and analysis capabilities.

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

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

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

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

Government Counter Disinformation Unit – Dr John Campbell

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

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

Molly Kingsley Twitter

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

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

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

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

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

Misinformation from the Counter Disinformation Unit or an MP ?

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

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

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

Fact Sheet on the CDU and RRU

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

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

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

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

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

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

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

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

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

Fact Sheet on the CDU and RRU

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

Counter-Disinformation Unit Fact Sheet

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

RESIST 2 Counter Disinformation Toolkit

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

It is unknown if the Counter Disinformation Unit use this toolkit.

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

Other Articles You May be Interested In

A FOI request was sent to Cabinet Office regarding gov.uk domains including nominet-monitor.gov.uk. What are they monitoring ?

Sussex Police, It’s the LawWhat is Policing by Consent ?, Wasting Police Time and the highly questionable Sussex Family Justice Board.

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GDPR and Subject Access Requests

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

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

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

Key Features of the Data Protection Act 2018

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

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

How the Data Protection Act relates to the GDPR

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

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

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

Data Protection Officer (DPO)

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

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

Rights of Access – Subject Access Request

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

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

How to make a Subject Access Report (SAR)

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

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

Make a data protection complaint to an organisation

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

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

To make a complaint you must follow the steps below:

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

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

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

Conclusion

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

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

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

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Domain Names and Freedom of Expression

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

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

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

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

I am told suspension is “Something you are just going to have to live with” which seems in breach of my Human Right to “impart information and ideas without interference by public authority”

Freedom of expression

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

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

Article 10 of the Human Rights Act

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

MOI domains

btppolice.uk
centralcriminalcourt.co.uk
centralcriminalcourt.uk
cityoflondonpolice.uk
countycourt.uk
criminaljustice.uk
crowncourt.uk
drugdealer.uk
family-court.uk
familyjustice.uk
high-court.uk
judges.uk
justice.me.uk
lordchancellor.uk
met-police.uk
mi5.me.uk
ministryofinjustice.co.uk
ministryofinjustice.com
ministryofinjustice.uk
moi.me.uk
oldbailey.uk
privycouncil.uk
roguelawyer.co.uk
royalcourtsofjustice.co.uk
royalcourtsofjustice.uk
unlawful.co.uk
supreme-court.uk
sussexpolice.uk
west-midlands-police.uk

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

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

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

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

List of .gov.uk domain names

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

List of .gov.uk domain names as of 30 March 2023 CSV, 196 KB

What is nominet-monitor.gov.uk used for ?

The Cabinet Office responded to a FOI request Historic gov.uk domains name lists and detail about nominet-monitor.gov.uk on the 18th September 2023.

Check out our articles on the Met Police, Sussex Police and Fraud in the Justice System.

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

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What is a Kangaroo Court ?

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

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

Serafin v Malkiewicz and others [2020] UKSC 23

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a) Deliberately misleading the House

b) Deliberately misleading the Committee

c) Breaching confidence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

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Malicious Communications Act 1988

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

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

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

The act was also amended in 2020 and 2022.

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

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

The CPS publish guidance Social Media and other Electronic Communications

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

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

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

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

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

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

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

Check out our articles on What is Stalking and Harassment, What is the Law ?, Sent an Email to the Wrong Person ? and the highly questionable Sussex Family Justice Board.

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

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What are Byelaws ?

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

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

Local government legislation: byelaws – gov.uk

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

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

History of Byelaws in the UK

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

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

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

Legislation

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

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

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

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

Types of Byelaws

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

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

Significance of Byelaws in the UK

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

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

Conclusion

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

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

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

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

Call 999 if:

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

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

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

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

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What is a Crown Servant ?

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

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

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

Here are some examples of crown servants :-

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

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

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

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

Integrity is another core value upheld by Crown Servants.

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

Crown Servants serve at the pleasure of the Crown.

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

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

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

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

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

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

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

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

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

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

Check out our article on the highly questionable Sussex Family Justice Board and make up your own mind.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

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Ministry of Justice

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

The Lord Chancellor, Alex Chalk KC MP, heads the Ministry of Justice as the Secretary of State for Justice.

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

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

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

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

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

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

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

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

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

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

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

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

Check out our article on the highly questionable Sussex Family Justice Board and make up your own mind.

We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).

We have a number of links to Free Legal Resources and Legal Organisations on our Free Legal Advice , Legal Aid and Pro Bono pages.

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Rule of Law - Open Justice - Policing By Consent

Access To Justice Is A Right Not A Privilege
Equal Justice Under Law