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.
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The Statute of Limitations in the United Kingdom (UK) establishes time limits within which legal actions can be brought against individuals or entities for various offenses.
These limitations aim to strike a balance between the interests of justice and the need for legal certainty.
In the UK, each jurisdiction—England and Wales, Scotland, and Northern Ireland—has its own legislation governing limitation periods.
This article explores the key aspects of the Statute of Limitations in each jurisdiction, including time limits for offenses and exceptions.
Limitation Act 1980
The Limitation Act 1980 is a piece of legislation that governs the time limits within which legal actions can be brought for civil claims in England, Wales, and Northern Ireland.
It provides a framework for determining when a claim becomes “time-barred” or statute-barred, meaning that it cannot be pursued in court after a certain period has elapsed.
The key provisions of the Limitation Act 1980 include:
General Limitation Period: Section 2 of the Act establishes a general limitation period of six years from the date the cause of action arises for most civil claims. This includes claims for breach of contract, personal injury, and negligence.
Personal Injury Claims: Section 11 of the Act sets a specific limitation period of three years for personal injury claims arising from negligence, nuisance, or breach of duty. The three-year period usually begins from the date the injury occurred or from the date the injured party became aware of the injury.
Latent Damage: Section 14A of the Act addresses claims for latent damage, where the injury or damage may not be immediately apparent. It allows for an extended limitation period of either three years from the date of knowledge or 15 years from the date of the negligent act or omission, whichever occurs first.
Actions to Recover Land: Section 15 of the Act deals with actions to recover land, setting a limitation period of 12 years. This means that legal action to reclaim land or property must be initiated within 12 years from the date the right of action arose.
Contracts and Specialty Debts: Section 5 of the Act establishes a six-year limitation period for actions founded on simple contracts or specialty debts. This includes debts arising from written agreements or deeds.
It is important to note that the Limitation Act 1980 does not apply to criminal offenses, which have separate rules and time limits for prosecution.
In the case of criminal acts, there are no statutory limits on the prosecution of crimes in the UK except for ‘summary’ offences (offences which are tried in the magistrates’ court). In these cases, criminal proceedings must be brought within 6 months. The Magistrates’ Courts Act 1980 (MCA 1980) applies.
There is no time limit for prosecution in England and Wales, including indictable crimes such as murder, manslaughter, war crimes and drug dealing offences.
Section 6 of the Limitation (Scotland) Act 1973 establishes a five-year limitation period for most personal injury claims, contracts, and torts.
The limitation period for actions based on a right to recover land is 20 years from the date the right of action accrued.
Serious offenses such as murder, rape, and treason generally do not have a time limit for prosecution and can be brought forward at any time.
The Criminal Procedure (Scotland) Act 1995 sets out the procedures and powers of the lower courts in Scotland, which include the Justice of the Peace Courts and Sheriff Courts. The Criminal Procedure (Scotland) Act 1995 outlines the jurisdiction, powers, and functions of these courts, as well as the procedures for criminal cases in Scotland.
Section 6 of the Limitation (Northern Ireland) Order 1989 sets a general limitation period of six years for most civil claims, including contract disputes and personal injury cases.
Actions to recover land have a limitation period of 12 years.
The Magistrates’ Courts (Northern Ireland) Order 1981. This order sets out the powers, procedures, and jurisdiction of the magistrates’ courts in Northern Ireland. It governs the operation of these courts and provides the legal framework for their functions and processes.
Conclusion
The Statute of Limitations in the UK varies across its jurisdictions. The Limitation Act 1980 applies to England and Wales, the Prescription and Limitation (Scotland) Act 1973 governs limitation periods in Scotland and the Limitation (Northern Ireland) Order 1989 sets the framework for Northern Ireland.
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Misconduct in public office is a common law offence in the United Kingdom that is defined as an individual who, being a public officer, acting in that capacity or under the pretence of such office, wilfully neglects to perform his duty and/or wilfully misconducts himself to such a degree as to amount to an abuse of the public’s trust in the office holder.
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.
Where there is clear evidence of one or more statutory offences, they should usually form the basis of the case, with the ‘public office’ element being put forward as an aggravating factor for sentencing purposes.
The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales.
What is a Public Officer ?
The prosecution must have evidence to show that the suspect is a ‘public officer’. There is no simple definition and each case must be assessed individually, taking into account the nature of the role, the duties carried out and the level of public trust involved.
The courts have been reluctant to provide a detailed definition of a public officer. The case law contains an element of circularity, in that the cases tend to define a public officer as a person who carries out a public duty or has an office of trust.
It is extremely difficult to extract from the cases any general identifying features of public officers in a contemporary context. A person may fall within the meaning of a ‘public officer’ where one or more of the following characteristics applies to a role or function that they exercise with respect to the public at large:
The following have been accepted as holding a public office by the courts over several centuries:
Coroner (1675) Parker 2 Lev 140
Constable (1703) Wyatt 1 Salk 380
Accountant in the office of the Paymaster General (1783) Bembridge 3 Doug
K.B. 32
Justice of the Peace (1791) Sainsbury 4 T.R 451
Executive or ministerial officer (1819) R v Friar 1 Chit.Rep (KB) 702
Gaoler (1827) Cope 6 A%E 226
Mayor or burgess (1828) Henly v Mayor of Lyme 5 Bing 91
Magistrates Pinney (1832) 110 ER 349
Overseer of the poor (1891) Hall 1 QB 747
Army officer (1914) Whitaker 10 Cr.App.R.245
County Court registrar (district judge) (1968) Llewellyn-Jones 1 Q.B.429
Police officer (1979) Dytham 69 Cr.App.R.387
Local authority employees (1995) Bowden 4 All E.R 505
DVLA employees Att Gen’s Ref (No 140 of 2004) [2004] EWCA Crim 3525
Police Community Support Officer Amar Iqbal [2008] EWCA Crim 2066
Immigration officers John-Ayo [2009] 1 Cr App R (S) 71
Those in charge of police computer systems Gallagher [2010] EWCA Crim 3201
Nurses working within a prison Cosford [2014] QB 81
Church of England clergy James (1850) 2 Den 1, 169 ER 393 though its authority was doubted in the unreported case of Ball (8 September 2015) in which Wilkie J ruled that a Church of England Bishop was a public office holder.
Local councillor (2004) R v Speechley [2004] EWCA Crim 3067
Member of the Independent Monitoring Board for prisons (2010) R v Belton [2010] EWCA Crim 2857
The offence of misconduct in public office was first recognized by the English courts in the 18th century.
The earliest known case is that of Lord Ferrers in 1760, where he was charged with and found guilty of the murder of his steward, whom he had dismissed. Lord Ferrers was executed for his offence, and his case set the precedent for the use of the offence of misconduct in public office in cases involving abuse of power by public officials.
Elements of Misconduct in Public Office
The offence of misconduct in public office is comprised of three key elements. Firstly, the defendant must be a public officer. This includes anyone who holds public office, regardless of whether they are elected, appointed, or employed by the state.
Secondly, the defendant must have acted in their capacity as a public officer or under the pretence of such office. The courts have held that this element is satisfied if the defendant’s misconduct is in some way connected to their public office, even if it does not involve the direct exercise of their official duties.
Thirdly, the defendant must have wilfully neglected to perform their duty and/or wilfully misconducted themselves to such a degree as to amount to an abuse of the public’s trust in the office holder. The courts have held that wilfulness is an essential ingredient of this offence. This means that the defendant must have intended to neglect their duty or to act in a way that amounts to an abuse of the public’s trust.
Application of Misconduct in Public Office in Case Law
Misconduct in public office has been used in a variety of contexts, including cases involving police officers, politicians, and civil servants.
One high-profile case involving misconduct in public office is that of R v Dytham. In this case, a police officer who failed to intervene when he witnessed a murder was found guilty of this offence.
Another notable case is that of R v Chaytor, where a Member of Parliament who had claimed false expenses was found guilty of this offence.
Modern Significance of Misconduct in Public Office
The offence of misconduct in public office is still relevant in the modern legal system. In 2021, two Metropolitan Police officers were charged with misconduct in public office in connection with the investigation into the disappearance of Sarah Everard. The charges related to allegations that the officers had taken photographs of Ms. Everard’s body and shared them with others.
Conclusion
Misconduct in public office is a serious offence that is used in cases involving public officials who abuse their power. The offence has a long history in the UK legal system, and it remains relevant in modern times. The elements of the offence are well established, and it has been applied in a variety of contexts, including cases involving police officers, politicians, and civil servants. While the offence carries a maximum sentence of life imprisonment, the courts have been careful to ensure that it is only used in cases where the defendant’s conduct is truly egregious and amounts to a serious abuse of the public’s trust.
It is worth noting that the offence of misconduct in public office is not without controversy. Some commentators have argued that the offence is too vague and open-ended, and that it can be used to prosecute individuals for conduct that is not clearly criminal. There have also been concerns that the offence is disproportionately used against public officials, and that it is not used often enough in cases involving private sector individuals who engage in similar conduct.
Despite these criticisms, the offence of misconduct in public office remains an important tool for prosecutors in cases where public officials have abused their power. As with all criminal offences, it is important that the offence is applied in a fair and consistent manner, and that individuals are not prosecuted for conduct that does not clearly amount to an abuse of the public’s trust.
If you are facing allegations of misconduct in public office, it is important to seek legal advice as soon as possible. A qualified criminal defence lawyer can help you to understand the charges against you and develop a strategy for defending yourself in court.
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The Crown Prosecution Service (CPS) plays a crucial role in the criminal justice system of the United Kingdom and was established in 1986.
The CPS is responsible for prosecuting criminal cases that have been investigated by the police and other investigative organisations in England and Wales. The CPS is independent and make decisions independently of the police and government.
Stephen Parkinson is the current Director of Public Prosecutions. He was appointed by the Attorney General and took up post on 1st November 2023. He will step down at the end of October 2028 when his five-year appointment as head of the CPS comes to an end.
The Director of Public Prosecutions (DPP) is the third most senior public prosecutor after the Attorney General (AG) and the Solicitor General (SG).
History of the Crown Prosecution Service
The Crown Prosecution Service traces its roots back to the ancient office of the Director of Public Prosecutions (DPP), which was created in 1879 by the Prosecution of Offences Act 1879.
It was not until the Prosecution of Offences Act 1985 that the CPS officially came into existence. The Act aimed to streamline the prosecution process and create an independent authority responsible for making prosecution decisions.
Functions and Responsibilities
Prosecutorial Decision-Making: One of the primary functions of the CPS is to make fair and independent decisions about whether to prosecute individuals accused of committing criminal offenses. The CPS reviews evidence gathered by the police and decides whether there is sufficient evidence to proceed with a case.
Preparing and Presenting Cases: The CPS is responsible for preparing cases for court and presenting evidence during trials. They work closely with the police, victims, and witnesses to ensure a robust prosecution. Crown Prosecutors present the case on behalf of the state, aiming to secure a conviction and promote public confidence in the justice system.
Victim and Witness Support: The CPS places significant importance on supporting victims and witnesses throughout the criminal justice process. They provide assistance, advice, and information to ensure their voices are heard and their rights are protected. This support helps to build confidence in the justice system and facilitates the fair treatment of all parties involved.
Organisational Structure
The CPS operates in England and Wales, divided into fourteen geographical Areas. Each Area is headed by a Chief Crown Prosecutor (CCP), responsible for managing the prosecution services within their jurisdiction. At the national level, the Director of Public Prosecutions (DPP) leads the CPS and oversees its operations.
Independence and Accountability
To maintain its independence and impartiality, the CPS operates separately from the police and other law enforcement agencies. Prosecutors must act in the interests of justice and consider the public interest when making prosecution decisions. However, they are also accountable for their decisions and must provide reasons for not prosecuting cases where the evidence is insufficient.
Evolving Challenges and Reforms
The CPS continually adapts to meet the challenges posed by an evolving criminal landscape. It has responded to technological advancements and new types of crime, such as cybercrime and terrorism, by developing specialised units and expertise. Additionally, reforms have aimed to improve efficiency and effectiveness, ensuring timely and fair justice for all.
Key Achievements
Over the years, the CPS has achieved several significant milestones. Notably, it played a pivotal role in implementing the Victims’ Right to Review Scheme, giving victims the right to request a review of a CPS decision not to prosecute. The CPS has also been at the forefront of initiatives to combat hate crime, violence against women, and child exploitation.
Conclusion
The Crown Prosecution Service serves as the backbone of the UK’s criminal justice system. Through its independent and fair decision-making, preparation of cases, and support for victims and witnesses, the CPS upholds the rule of law and ensures justice for all.
As it continues to evolve and adapt to changing circumstances, the CPS remains committed to its fundamental principles of fairness, accountability, and public interest.
We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).
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The offence of wasting police time is committed when a person causes any wasteful employment of the police. Wasting Police Time – section 5(2) of the Criminal Law Act 1967 applies :-
Penalties for concealing offences or giving false information.
(2)Where a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed, or to give rise to apprehension for the safety of any persons or property, or tending to show that he has information material to any police inquiry, he shall be liable on summary conviction to imprisonment for not more than six months or to a fine of not more than [F3 level 4 on the standard scale] or to both.
(3)No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.
The offence of wasting police time is committed when a person causes any wasteful employment of the police:
Proceedings may only be instituted by or with the consent of the Director of Public Prosecutions: s.5(3). Consent may be granted after charge but must be before a plea of guilty is entered or summary trial. Consent must be obtained before proceedings are started by way of summons.
Examples of the type of conduct appropriate for a charge of wasting police time include:
false reports that a crime has been committed, which initiates a police investigation;
the giving of false information to the police during the course of an existing investigation.
If you are caught wasting police time you could be jailed for up to six months and/or fined. Instead of taking you to court, the police might issue you with a fixed penalty notice under the Criminal Justice and Police Act 2001 (CJPA 2001).
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Stalking and harassment is when someone repeatedly behaves in a way that makes you feel scared, distressed or threatened. Stalking and harassment is a criminal offence.
There are different types of stalking and harassment and anyone can be a victim. Stalking and harassment are offences under the Protection from Harassment Act 1997.
There is no legal definition of cyberstalking but it is recognised as being different from harassment as it involves fixated and obsessive behaviour. This maybe to gather information, monitor or discredit the victim.
Stalking or Harassment Crown Prosecution Service (CPS)
The CPS publish prosecution guidance to assist prosecutors with the general principles to be applied when making decisions about prosecutions involving stalking or harassment. It provides guidance on:-
the importance of focusing on whether conduct experienced by the victim in its entirety amounts to stalking or harassment, whether the police have investigated those or other individual offences
selecting appropriate charges, in order to apply the Code for Crown Prosecutors where there is an overlap between stalking, harassment and/or controlling or coercive behaviour
You should contact the police if you’re being stalked or suffering harassment. Call 999 if you or someone else is in immediate danger of stalking and harassment.
What is the maximum sentence for harassment or stalking ?
Parliament sets the maximum (and sometimes minimum) penalty for any offence. When deciding the appropriate sentence, the court must follow any relevant sentencing guidelines, unless it is not in the interests of justice to do so.
If the offence is harassment or stalking:
the maximum sentence is six months’ custody
if racially or religiously aggravated, the maximum sentence is two years’ custody
If the offence is harassment (putting people in fear of violence) or stalking (involving fear of violence or serious alarm or distress):
the maximum sentence is 10 years’ custody
if racially or religiously aggravated, the maximum sentence is 14 years’ custody
If false allegations of stalking and harassment are made to the Police, then this can also classed be as a criminal offence.
The offence of wasting police time is committed when a person causes any wasteful employment of the police. Wasting Police Time – section 5(2) of the Criminal Law Act 1967.
If you are caught wasting police time you could be jailed for up to six months and/or fined. Instead of taking you to court, the police might issue you with a fixed penalty notice under the Criminal Justice and Police Act 2001 (CJPA 2001).
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The Slip Rule is a legal tool in England and Wales that allows judges to correct typographical or other errors in court orders or judgments.
The Slip Rule is included in both the Family Procedure Rules and the Civil Procedure Rules. This article will provide an overview of the Slip Rule, its application in Family and Civil cases, and the relevant rules and practice directions.
Errors may be caused by incompetence, typographical errors, clerical errors, or accidental slips or omissions. The Slip Rule is a common law principle that allows judges to make minor changes to their own orders, judgments, or directions to ensure that they accurately reflect the intention of the court.
The Slip Rule in Family Law Cases
The Family Procedure Rules (FPR) were introduced in 2010 and apply to family law cases in England and Wales. The FPR govern the procedure for family law cases, including divorce, child custody, and financial settlements. Family Procedure Rule 29.16 sets out the Slip Rule in family law cases.
Family Procedure Rule 29.16 states :-
(1) The court may at any time correct an accidental slip or omission in a judgment or order.
(2) A party may apply for a correction without notice.
Note the careless typo by the Ministry of Justice in PD29D para 1.1 p6ovides. I would imagine this should be provides. Slip up or more evidence of incompetence at the MoJ ?
1.1 Rule 29.10 FPR p6ovides that the court may correct an accidental slip or omission in a judgment or order. Corrections under that rule must be approved by a judge, or by a Justices’ Legal Adviser where Practice Direction 2C so provides.
1.2 A court officer may make an amendment to an order, without prior reference to a judge or Justices’ Legal Adviser (as applicable), in the following circumstances-
(a) where a court officer has wrongly transposed details in the draft order approved by the court;
(b) where the error is obviously typographical such as-
(i) the spelling of a party’s name, a date of birth, a place of birth or marriage, where that can be corrected by reference to the application or supporting evidence on the court file such as a birth or marriage certificate; or
(ii) a nonsensical word clearly included in error (but see paragraph 1.4);
(c) changes to references in the order to the venue at which a hearing took place, where this can be verified from the court file, court diary or cause list;
(d) the date of the order, where this can be verified from the court file, court diary or cause list;
(e) details of a party’s legal representatives at a hearing when this can be verified from the court file or other record of hearing;
(f) the date of a hearing, where the court officer has listed a matter for hearing but transposed the details incorrectly into the order that notifies the parties of the hearing date;
(g) to improve the formatting (but not the numbering) of an order.
1.3 If a court officer concludes that-
(a) it would be inappropriate to make an amendment to an order even where they consider that a case falls within paragraph 1.2; or
(b) they are not certain whether or not a case falls within paragraph 1.2 (for example whether an error is obviously typographical),
the court officer must refer the matter to a judge to determine whether to make the amendment.
1.4 Save as specified in paragraph 1.2, a court officer must never make linguistic, grammatical or textual amendments to an order, or alter its numbering, without reference to a judge or, where Practice Direction 2C applies, to a Justices’ Legal Adviser.
1.5 A court officer must never make an amendment to a judgment or written ruling without reference to a judge or, where Practice Direction 2C applies, to a Justices’ Legal Adviser.
The Civil Procedure Rules (CPR) were introduced in 1998 and apply to civil law cases in England and Wales. The CPR govern the procedure for civil law cases, including personal injury claims, contract disputes, and defamation claims. Civil Procedure Rule 40.12 sets out the Slip Rule in civil law cases.
Civil Procedure Rule 40.12 of the CPR states :-
(1) The court may at any time correct an accidental slip or omission in a judgment or order.
(2) A party may apply for a correction without notice.
4.1 Where a judgment or order contains an accidental slip or omission a party may apply for it to be corrected8.
4.2 The application notice (which may be an informal document such as a letter) should describe the error and set out the correction required. An application may be dealt with without a hearing:
(1) where the applicant so requests,
(2) with the consent of the parties, or
(3) where the court does not consider that a hearing would be appropriate.
4.3 The judge may deal with the application without notice if the slip or omission is obvious or may direct notice of the application to be given to the other party or parties.
4.4 If the application is opposed it should, if practicable, be listed for hearing before the judge who gave the judgment or made the order.
4.5 The court has an inherent power to vary its own orders to make the meaning and intention of the court clear.
The Slip Rule is a legal tool in England and Wales that allows judges to correct typographical or other errors in court orders or judgments. The Slip Rule is included in both the Family Procedure Rules and the Civil Procedure Rules, and there are also Practice Directions that provide guidance on its use.
While the Slip Rule can be used to correct minor errors, it cannot be used to change the substance of a court order or judgment.
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The Bar Standards Board (BSB) is the regulatory body for barristers in England and Wales. It was established under the Legal Services Act 2007, which brought in sweeping changes to the way legal services were regulated in England and Wales.
In this article, we will explore the establishment of the BSB and its role in regulating the legal profession, as well as how to make a complaint.
Legal Services Act 2007
The Legal Services Act 2007 was a major piece of legislation that reformed the way legal services were regulated in England and Wales. Prior to the Act, the regulation of legal services was split between a number of different bodies, including the Law Society and the Bar Council. The Act established a single regulatory body for all legal services, known as the Legal Services Board (LSB). The LSB was given the power to oversee all legal regulators, including the BSB, and to set standards and enforce regulations.
Establishment of the Bar Standards Board
The Bar Standards Board was established under the Legal Services Act 2007 as an independent regulatory body for barristers in England and Wales. It became operational in January 2008, taking over the regulation of barristers from the Bar Council. The BSB’s main role is to regulate the education, training, and conduct of barristers, with the aim of maintaining the highest standards of professionalism and ethical behaviour in the profession.
The BSB is governed by a board of directors, who are responsible for setting the strategic direction of the organisation and ensuring that it fulfils its statutory obligations. The board is made up of 15 members, including barristers, lay members, and a representative of the Attorney General’s Office.
Role of the Bar Standards Board
The main role of the BSB is to regulate the education, training, and conduct of barristers in England and Wales. This includes setting standards for entry to the profession, regulating the training of barristers, and enforcing professional conduct rules.
The BSB is also responsible for ensuring that barristers are competent to practise, by setting and enforcing continuing professional development (CPD) requirements. Barristers are required to undertake a certain amount of CPD each year, in order to maintain their skills and knowledge.
The BSB also has the power to take disciplinary action against barristers who breach its rules and regulations. This can range from a simple reprimand to suspension or even disbarment. The BSB’s disciplinary process is set out in the BSB Handbook, which sets out the procedures that must be followed when making a complaint or referring a matter to the BSB.
How to report a concern to the Bar Standards Board
If you have a complaint about the conduct of a barrister, you can report a concern to the BSB. The BSB has a complaints procedure in place to ensure that complaints are dealt with fairly and efficiently.
The easiest way to report something to the Bar Standards Board is to use the Online Reporting Form.
After assessing the concern and the information provided, the action the BSB can take include:-
Giving the barrister informal advice in order to reduce the risk of the problem happening again.
Informing our Supervision Team of your concerns. They could then ask that a barrister, or an organisation, do something to improve the situation or to prevent the problem happening again.
Referring the concern to our Investigation and Enforcement Team where there is potential breach of our Handbook rules for a formal investigation to be carried out to decide if enforcement action should be taken. There are a number of possible outcomes of an investigation. See how we make enforcement decisions to find out more about enforcement decisions.
Deciding not to take any action. However, we will keep the information you have given us to inform our work in the future.
The BSB Handbook is a set of rules and regulations that govern the conduct of barristers. It sets out the standards of professionalism and ethical behaviour that barristers are expected to uphold, and the procedures that must be followed when making a complaint or referring a matter to the BSB.
BSB Handbook 4.7 sets out the rules and procedures for dealing with complaints about the conduct of barristers. It covers the requirements for making a complaint, the investigations process, and the sanctions that can be imposed if a barrister is found to have breached the BSB’s rules.
One important aspect of BSB Handbook 4.7 is the requirement for barristers to co-operate fully with any investigation into their conduct. This includes providing information and documents as requested, attending interviews, and responding to correspondence in a timely manner. Failure to co-operate fully with an investigation can result in additional sanctions being imposed.
Other points of presentation can lead to points being deducted, including swigging from water bottles, putting your hands in your pockets while addressing the judge or allowing a mobile phone to ring in the middle of a legal exercise – an offence that will cost three points.
Raza Husain KC told the Court of Appeal at the start of a four-day hearing that Rwanda was an authoritarian one-party state that did not tolerate opposition and claimed it imprisons, tortures and murders opponents.
The Bar Standards Board plays a vital role in regulating the legal profession in England and Wales and is essential for maintaining public confidence in the legal system.. It is responsible for maintaining the highest standards of professionalism and ethical behaviour among barristers, and for ensuring that they are competent to practise.
If you have a complaint about the conduct of a barrister, you can make a complaint to the BSB. The BSB has a complaints procedure in place to ensure that complaints are dealt with fairly and efficiently. The BSB Handbook 4.7 sets out the rules and procedures for making a complaint, and for dealing with investigations and sanctions.
Solicitors from Hell (www.solicitorsfromhell.co.uk) was a website that gained notoriety for allowing users to post negative reviews and complaints about… Read more: Solicitors from Hell
The Solicitors Regulation Authority (SRA) is the independent regulatory body responsible for overseeing and “policing” solicitors in England and Wales.… Read more: Solicitors Regulation Authority (SRA)
One of the key principles of both GDPR and PECR is that marketers must obtain the consent of individuals before processing their personal data or sending them electronic marketing messages. This means that individuals must actively opt-in to receive marketing messages and must be given the opportunity to easily opt-out of receiving future messages. Examples of electronic marketing messages include emails, text messages, and direct messages on social media platforms.
Cookies and online tracking
Both GDPR and PECR govern the use of cookies and other tracking technologies on websites. Websites must obtain consent from users before placing cookies on their devices, except in cases where the cookies are strictly necessary for the functioning of the website. The regulations also require website owners to provide clear and comprehensive information about the types of cookies used on their sites and their purposes.
There are two exemptions which apply where:
the cookie is for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or
the cookie is strictly necessary to provide an ‘information society service’ (eg a service over the internet) requested by the subscriber or user. Note that it must be essential to fulfil their request – cookies that are helpful or convenient but not essential, or that are only essential for your own purposes, will still require consent.
Direct marketing
Direct marketing is a type of marketing that involves sending messages directly to individuals, such as through email or direct mail. GDPR and PECR require that individuals are given the opportunity to opt-out of receiving direct marketing messages, and that marketers must stop sending messages to individuals who have opted-out. The regulations also prohibit the use of pre-ticked boxes or other forms of consent that are automatically applied to individuals.
If someone complains about your electronic marketing (eg spam calls or texts), cookies or other privacy issues regarding electronic communications, we will record and review their concerns, and we may investigate your compliance with PECR. If we decide it is likely you have failed to comply with PECR or other data protection legislation, we may ask you to take steps to remedy this and avoid similar complaints in future. If appropriate, we may decide to take enforcement action.
Both GDPR and PECR are enforced in the UK by the Information Commissioner’s Office (ICO). The ICO has the power to investigate and take enforcement action against organisations that breach the regulations, including imposing fines and other penalties.
GDPR and PECR are important sets of regulations that govern data protection and electronic marketing communications in the UK.
Marketers must obtain the consent of individuals before processing their personal data or sending them marketing messages, provide clear and comprehensive information about the use of cookies on their websites, and give individuals the opportunity to opt-out of receiving direct marketing messages.
Failure to comply with GDPR and PECR can result in significant fines and other penalties, so it is essential for organizations to ensure they are following the regulations carefully.
We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).
Solicitors from Hell (www.solicitorsfromhell.co.uk) was a website that gained notoriety for allowing users to post negative reviews and complaints about… Read more: Solicitors from Hell
The Solicitors Regulation Authority (SRA) is the independent regulatory body responsible for overseeing and “policing” solicitors in England and Wales.… Read more: Solicitors Regulation Authority (SRA)
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 ? In this article, we will explore the basics of UK law, including its sources, principles, and structure.
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:
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.
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.
There are several key principles that underpin UK law. These include:
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.
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.
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.
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.
Conclusion
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.
We recommend you should always seek formal legal advice if required, from a qualified and reputable lawyer (solicitor or barrister).
Solicitors from Hell (www.solicitorsfromhell.co.uk) was a website that gained notoriety for allowing users to post negative reviews and complaints about… Read more: Solicitors from Hell
The Solicitors Regulation Authority (SRA) is the independent regulatory body responsible for overseeing and “policing” solicitors in England and Wales.… Read more: Solicitors Regulation Authority (SRA)
Solicitors from Hell (www.solicitorsfromhell.co.uk) was a website that gained notoriety for allowing users to post negative reviews and complaints about… Read more: Solicitors from Hell
The Solicitors Regulation Authority (SRA) is the independent regulatory body responsible for overseeing and “policing” solicitors in England and Wales.… Read more: Solicitors Regulation Authority (SRA)
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The Legal Services Board (LSB) is an independent regulatory body that oversees the legal services sector in England and Wales.… Read more: What is the Legal Services Board ?
