Category: Legal Professionals

Legal professionals study, develop and apply law

Categories
Criminal Justice Legal Professionals Police

What is the Criminal Justice System (CJS) Common Platform ?

Criminal-Justice-System-Common-Platform (CJSCP)

The Criminal Justice System Common Platform (also known as HMCTS Common Platform or CJSCP) is the national digital case management system for criminal cases in the Crown Courts and magistrates’ courts of England and Wales.

Designed and developed by HM Courts & Tribunals Service (HMCTS) as part of its Reform Programme (which began in earnest around 2016, building on earlier modernisation efforts dating back to 2011), it replaces multiple outdated “heritage” or legacy systems such as Libra, Xhibit, and the Digital Case System (DCS).

The platform creates a single, shared source of case information that professional users across the criminal justice system can access securely and in near real time.

Purpose and Key Benefits

The HMCTS CJS Common Platform allows Police, the Crown Prosecution Service (CPS), judiciary, court staff, defence solicitors and barristers, Legal Aid Agency, prisons, probation, and other agencies to view, update and share case materials digitally.

The CJS Common Platform is the official digital record of case progress, results and structured hearing outcomes in magistrates and crown courts

Core functions include:

  • Case creation, progression, and resulting (recording outcomes, orders, warrants, and notices).
  • Self-service of Initial Details of the Prosecution Case (IDPC) and digital forms such as the Preparation for Effective Trial (PET) or Better Case Management forms.
  • Association of defence firms/chambers with specific defendants or cases (marking them “on record”).
  • Hearing check-in for advocates.
  • Real-time notifications and updates.
  • Support for Single Justice Procedure (SJP) cases, postal requisitions, and summons via Automated Track Case Management (ATCM).

By February 2025, more than 2.3 million criminal cases had been managed on the platform. It is live in all criminal courts in England and Wales (full national rollout completed around August 2023), handling thousands of hearings daily and supporting tens of thousands of concurrent users. Benefits include reduced paper handling, fewer errors, faster information sharing, greater resilience (remote access), and better data for performance analysis.

The system uses Unique Reference Numbers (URNs) which are typically 11-character case identifiers that link records across partners.

CJS Common Platform Technology Stack

Common Platform is a cloud-native, microservices-based system hosted primarily on Microsoft Azure. Key technical elements include:

  • Architecture: Microservices framework supporting CQRS (Command Query Responsibility Segregation) and event sourcing (public GitHub repositories under CJSCommonPlatform/microservice-framework show a Java-based core). It uses a service-oriented approach with Docker containers.
  • Backend: Heavily Java-based services; some Node.js components for front-end gateways. PostgreSQL databases (with migrations to managed instances noted in backlogs), Redis for sessions/caching.
  • Frontend / User Interface: Angular-based single-page applications in related HMCTS services, with GOV.UK Design System influences; accessible via modern browsers (Chrome, Edge, Firefox, Safari — Internet Explorer is unsupported).
  • Identity and Access Management (Crime IdAM): Central to secure login. Uses ForgeRock now Ping Identity (AM, IDM, IG, DS/LDAP components) integrated with Microsoft Entra ID (formerly Azure Active Directory). Supports Multi-Factor Authentication (MFA) via Microsoft Authenticator app (Time-based One-Time Password / TOTP), Single Sign-On (SSO), and Role-Based Access Control (RBAC). Environments include production (PRD), pre-production (PRP), system integration testing (SIT), non-functional testing (NFT), and an internal BAE (PR) environment (an HMCTS technical label for a specific identity instance, unrelated to the defence company BAE Systems).
  • Infrastructure: Azure Kubernetes Service (AKS) for container orchestration, Azure Key Vault for secrets, Application Insights / Dynatrace for monitoring, Jenkins for CI/CD, Terraform for infrastructure-as-code, Docker, Nginx, Tomcat, and Ubuntu (with migrations from RHEL). Platform-as-a-Service databases and auto-scaling have reduced costs and improved resilience.

Emails for account activation come from Azure-hosted servers ([email protected]). The domain name is cjscp.org.uk (Criminal Justice System Common Platform).

If you have arrived at the Ministry of Injustice from https://cjscp.uk (MOI domain) you may well have been looking for https://cjscp.org.uk which is the official website for The Criminal Justice System (CJS) Common Platform

CJS Common Platform Contract Values and Suppliers

Development and ongoing support for the CJS Common Platform (and its related Crime IdAM identity layer) have involved multiple suppliers working under Crown Commercial Service (CCS) frameworks.

Key confirmed examples include:

  • Digital Outcomes (and related Digital Marketplace frameworks) — used for the larger HMCTS Crime Programme Design, Development and Testing Managed Service (indicative budget up to £12.75 million), with Scrumconnect later becoming a primary supplier for ongoing development work.
  • RM6100 Technology Services 3 was used for the HMCTS Crime IdAM Product Enhancement Team Managed Service awarded to CGI IT UK Limited (value ~£5.19 million).

CJSCP development contracts

This was the large development contract for the Common Platform itself (indicative budget up to £12.75 million).

Scrumconnect was later reported as a key (and in some periods sole) supplier for ongoing design, development, testing, automation features, and maintenance work. Subsequent related contracts and extensions have supported continued enhancement of the platform.

Other supporting contracts cover broader MoJ identity work (e.g., Entra ID configuration) and platform operations.

Primary Crime IdAM document

How to Access the Common Platform

Access is restricted to authorised professional users and organisations. Members of the public cannot log in directly.

Defendants in certain cases (e.g. Single Justice Procedure) may submit online pleas or receive information through other channels, but they do not access the Common Platform itself.

Organisation Registration

  • Defence firms/chambers: An organisation administrator completes the official registration spreadsheet (Excel or CSV, available on GOV.UK) with organisation and user details (including mobile numbers — shared/landline/CJSM emails are not allowed). Accept terms and conditions and email the form to [email protected].
  • Prosecuting organisations: Complete a questionnaire covering address, volumes, offence codes, etc.
  • HMCTS validates and onboards the organisation.

Individual Account Activation

  • Each user receives an email from [email protected] (check spam; links expire after 28 days).
  • Follow the link, accept terms, verify mobile number with a one-time code, create a strong password (8+ characters, mixed case, numbers, specials and change every 90 days), and set up Microsoft Authenticator by scanning a QR code.
  • Activation must be completed before first court use.

Login and Use

  • Main sign-in: https://prosecuting.cjscp.org.uk (or role-specific portals).
  • Subdomains such as https://login.bae.cjscp.org.uk point to specific internal environments (e.g., the BAE identity instance).
  • Use a supported browser on desktop/laptop/tablet. You need your registered phone for MFA but cannot access the platform solely via mobile.
  • After login: Associate with cases (using defendant details or URN), self-serve IDPC, manage materials, check in to hearings, etc.
  • Help: Courts and Tribunals Service Centre (CTSC) on 0330 808 4407 or [email protected]; organisation administrators handle day-to-day user management.

Full official guides are published on GOV.UK under “How to use HMCTS Common Platform” and related administrator documents.

HMCTS Common Platform for defence administrators is a guide for legal defence administrators on creating user accounts, assigning roles, and other system tasks.

Summary

The CJS Common Platform represents one of the largest digital transformations in the UK justice system.

Built on modern Azure cloud microservices technology with robust identity controls (ForgeRock + Microsoft Entra ID), it has processed millions of cases.

Ongoing contracts with the CGI-managed IdAM service and Scrumconnect’s development work, ensure continued enhancement.

Access to the Common Platform is tightly controlled through organisational registration and multi-factor authentication to protect sensitive criminal justice data.

Check out our related articles on CJSM, Rule of Law, Open Justice, Is the Law Black and White ?, What Does Lady Justice Symbolise ?, Can a Judge Direct a Jury to Find a Defendant Not Guilty ?,Law Society, Law Commission, Solicitors, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, Contra Mundum, R v Sussex Justices, Police Impartiality and the highly questionable Sussex Family Justice Board.

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

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

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

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Civil Justice Law Legal Analysis Legal Professionals

Strategic Lawsuit Against Public Participation (SLAPPs)

Strategic Lawsuit Against Public Participation (SLAPPs)

Strategic Lawsuits Against Public Participation, or SLAPPs, are legal actions brought primarily to silence, intimidate or financially exhaust critics rather than to vindicate genuine rights.

In the UK they most often take the form of defamation claims, though privacy, data protection, confidentiality and harassment actions are also frequently used.

SLAPPs are considered an abuse of the legal process, where the primary objective is to harass, intimidate and financially and psychologically exhaust one’s opponent via improper and costly legal intervention.

The impact of strategic lawsuits against public participation (SLAPPs) – House of Commons Research Briefing

These cases typically involve a significant imbalance of resources: well-funded individuals, corporations or organisations pursue claims against journalists, academics, campaigners or private citizens who lack comparable means to defend themselves.

The Chilling Effect on Free Speech

SLAPPs create a powerful chilling effect on public debate. Even when a claim is weak or ultimately unsuccessful, the mere threat of litigation, combined with the high cost of defending it, can force defendants to retract statements, settle, or avoid publishing in the first place.

A 2022 Foreign Policy Centre report found that at least 70 per cent of documented UK SLAPP cases were linked to financial crime or corruption.

Investigative reporting on Russian oligarchs, tax avoidance schemes, environmental issues and corporate misconduct has been particularly vulnerable.

Publishers and individual writers have sometimes chosen to settle or alter content simply to avoid the financial and emotional burden of a full trial, even when they believed their reporting was accurate and in the public interest.

Existing Legal Safeguards

English law already contains several important safeguards.

The Defamation Act 2013 introduced a “serious harm” threshold, abolished the presumption of damage for most corporations, strengthened the public interest defence, and restricted “libel tourism” by requiring claimants to show that England and Wales is the most appropriate jurisdiction.

Despite these reforms, the cost of defending a defamation action remains extremely high. Success fees are no longer recoverable from the losing side, and the inequality of arms between wealthy claimants and ordinary defendants continues to distort the process.

The 2023 Economic Crime Reforms

In response to growing concern, particularly after Russia’s invasion of Ukraine, the Economic Crime and Corporate Transparency Act 2023 introduced limited anti-SLAPP measures (sections 194 and 195).

These provisions came into force on the 18th June 2025. They allow courts to strike out claims at an early stage where the claim seeks to restrict freedom of expression under Article 10 of the European Convention on Human Rights, the speech concerns public-interest disclosures relating to economic crime, and the claimant’s behaviour indicates an improper purpose.

Early dismissal and costs protection for defendants are available under these rules. However, the protection is deliberately narrow and applies only to economic-crime related cases.

Risks for Solicitors and Law Firms

The Law Society has drawn attention to the reputational risks that SLAPP related work can pose for solicitors and their firms. Lawyers instructed in high-profile cases have faced criticism in Parliament and the media, even when they have acted within the professional rules.

Law firms Mishcon de Reya, Schillings, Harbottle & Lewis, CMS and Carter-Ruck were criticised…..for pursuing cases that were deemed SLAPPs.

SLAPPs and reputational risks – Law Society

The Law Society maintains that existing Solicitors Regulation Authority (SRA) standards, combined with more rigorous judicial case management and costs control, offer the most practical immediate way to reduce abusive litigation without the need for extensive new primary legislation.

A Recent Example – Carter Ruck and Jason Arday

A recent illustration of the continuing problem of potential SLAPPs emerged in August 2026.

The Free Speech Union highlighted a letter sent by the law firm Carter-Ruck to Times Higher Education. The letter appeared intended to deter further journalistic questions about the academic record of Professor Jason Arday.

At the same time, police complaints were made against Jack Grove, a journalist at Times Higher Education, and David Harris, a former/emeritus professor.

The Met Police investigated journalist Jack Grove for harassment after he emailed Cambridge professor Jason Arday questions about apparent plagiarism in his work and other claims regarding his academic and charity record; officers later told Grove to stop contacting Arday because it had affected the professor’s mental health, though the four-month inquiry was closed with no action taken and Grove was never interviewed.

Arday contacted the Metropolitan Police to lodge a complaint of harassment against Harris. Because Harris is based in Plymouth, the matter was referred to Devon and Cornwall Police, which declined to pursue it.

Jason Arday reported academic critic to police after questions over his research – Committee For Academic Freedom

Although the complaints were later dropped, the episode raised serious concerns that powerful individuals or institutions may still use legal threats and police involvement to discourage legitimate scrutiny.

Conclusion

The anti-SLAPP measures that took effect in June 2025 represent a meaningful first step.

Nevertheless, their restriction to economic-crime cases leaves a significant gap. Journalists, academics and citizens remain exposed whenever the disputed speech concerns other matters of public interest.

Broader, carefully balanced legislation, together with stronger judicial scrutiny of costs and purpose, would provide more effective protection for public participation while still allowing genuine claimants access to the courts.

Until such reforms are enacted, the threat of strategic litigation will continue to cast a long shadow over free expression and investigative journalism in the United Kingdom.

Check out our related articles on Rule of Law, Open Justice, What is Law, Is the Law Black and White ?, Branches of Law, Bullying, Harassment and Discrimination at the Bar, The Secret Barrister, Barristers, Direct Access Barrister, Barristers Behaving Badly, Inns of Court, Council of the Inns of Court, Bar Standards Board, Bar Tribunal and Adjudication Services, Bar Council, Innocent until Proven Guilty and the highly questionable Sussex Family Justice Board.

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

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

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

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Criminal Justice Judiciary Legal Professionals

His Honour Judge Tony Baumgartner – Recorder of Westminster

His Honour Judge Tony Baumgartner

Judge Tony Alan Walter Baumgartner, known as His Honour Judge Tony Baumgartner, is a long-serving Senior Circuit Judge of England and Wales who is assigned to the South East Circuit.

Tony Alan Walter Baumgartner was born on the 9th August 1971. Judge Baumgartner grew up and studied in Queensland, Australia, obtaining an LLB from Queensland University of Technology (1993–1997) and an LLM from University College London (1997–1998). He is also admitted as a solicitor in Queensland, Australia, and in Ireland.

In London he practised at Rowe & Maw (later part of Mayer Brown) and Clyde & Co, specialising in political and war risks insurance as well as fine art and specie matters. He became a partner at Clyde & Co in 2011 and developed a broader commercial disputes practice.

His judicial appointments began with appointment as a Recorder of the Crown Court in 2009.

He served as a Tribunal Judge in the Health, Education and Social Entitlement Chamber (including the Restricted Patients Panel) from 2018 and was appointed a Circuit Judge in 2019.

In 2022 he became authorised to sit as a Deputy High Court Judge in the Chancery Division.

On the 1st August 2023 His Honour Judge Tony Baumgartner was appointed Senior Circuit Judge and Resident Judge at Southwark Crown Court; he is also the Honorary Recorder of Westminster.

Judge Baumgartner additionally sits as a Senior Judge of the Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus.

In a 2022 conversation marking Pride month, Judge Baumgartner spoke openly about his experiences as a gay lawyer. He described the UK legal profession as increasingly inclusive and accommodating, noting that acceptance of LGBT+ people had progressed faster there than in many other parts of society and encouraged lawyers to use their privileged position to promote broader inclusion.

Judge Baumgartner was made an Honorary Bencher of Middle Temple on the 4th February 2025. This is an honour that can be (and often is) conferred on distinguished solicitors and others who were never called to the Bar by the Inn.

HHJ Baumgartner is shown on the List of Circuit Judges published on the Courts and Tribunal Judiciary website.

His Honour Judge BaumgartnerSouth East01-04-2019
List of Circuit Judges

Judge Baumgartner – The Big Ben Climb and Sentencing July 2026

On the 8th March 2025, Daniel Day climbed over railings near the Houses of Parliament and scaled the Elizabeth Tower barefoot. He displayed a Palestinian flag, remained on a ledge for around 15–17 hours, and livestreamed parts of the protest.

In sentencing, Judge Baumgartner described the offending as “well-planned” and said Day “knew precisely what you were doing.”

He noted that Day had “foolishly” climbed high enough to risk “very serious harm to you and possibly others if you fell.” While finding “little insight into your offending or any real remorse,” the judge took into account the absence of further offences since the incident and strong personal mitigation, including the defendant’s failing eyesight.

Day was ordered to complete up to 20 rehabilitation activity days and was made subject to electronic monitoring for four months.

You, and people like you, must understand that like everyone else you are subject to the laws of this country.

You and others like you do not get to decide which laws you will follow and which laws you will break.

If that were to happen, the rule of law would break down

His Honour Judge Tony Baumgartner

Authorisation to sit as a High Court Judge

HHJ Baumgartner is authorised to sit as a High Court Judge by s9(1) of the Senior Courts Act as amended by the Crime and Courts Act 2013.

According to CRIMINAL PRACTICE DIRECTIONS 2015 DIVISION XII His Honour Judge Baumgartner should be addressed as “My Lord” in court.

Modes of Address B.1 – The following judges, when sitting in court, should be addressed as ‘My Lord’ or ‘My Lady’

(b) any Circuit Judge sitting as a judge of the Court of Appeal (Criminal Division) or the High Court under section 9(1) of the Senior Courts Act 1981;
(d) any Senior Circuit Judge who is an Honorary Recorder.

Description B.3 – In cause lists, forms and orders members of the judiciary should be described as follows:

(a) Circuit Judges, as ‘His [or Her] Honour Judge A’. When the judge is sitting as a judge of the High Court under section 9(1) of the Senior Courts Act 1981, the words ‘sitting as a judge of the High Court’ should be added;

The three key values which are central to the role of judicial office holders (JOHs) in England and Wales are:
• Independence
• Impartiality
• Integrity

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

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

Image of HHJ Baumgartner : The Lord Mayor of Westminster

The High Court Judge that never was – His Honour Judge Melbourne Inman KC

Check out our articles on Rule of Law, Open Justice, Judges Salaries and Fees, Dodgy Judges, Mr Justice Williams, His Honour Now His Dishonour, His Honour Judge Stuart Farquhar, Do you Have to Bow to a Judge ?, Can you Email a Judge ?, Can you Criticise a Judge ? and the highly dubious Sussex Family Justice Board.

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

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

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

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Judiciary Legal Professionals

New Protocol for Legal Professionals to Raise Informal Concerns About Judges Behaviour

Protocol Judicial Behaviour

On the 8th July 2026, the Courts and Tribunals Judiciary published a new Protocol for legal professionals wishing to raise concerns informally about judicial behaviour which is designed to help legal professionals raise concerns informally about a judge’s behaviour.

The document issued by the Lady Chief Justice of England and Wales and the Senior President of Tribunals, formalises long-standing practices, offering greater clarity and confidence for solicitors, barristers, and legal executives working in the courts and tribunals.

Purpose and Scope of the Protocol

The protocol aims to address less serious issues, such as perceived discourtesy, minor procedural unfairness, or exclusionary conduct through early and proportionate resolution.

It encourages informal dialogue as the preferred first step, allowing concerns to be resolved quickly without damaging professional relationships or resorting to formal processes.

This approach does not replace the formal complaints system. The protocol explicitly directs that more serious allegations, patterns of behaviour, or unresolved informal matters should be referred to the Judicial Conduct Investigations Office (JCIO). The JCIO is the independent body responsible for investigating formal complaints against judicial office holders in England and Wales.

It examines whether conduct breaches judicial guidelines and recommends outcomes to the Lord Chancellor and Lady Chief Justice, ranging from advice and training to suspension or removal in extreme cases.

Broader Context and Supporting Measures

The protocol forms part of a comprehensive package of reforms aimed at tackling bullying, harassment, discrimination, and exclusionary behaviour. Key accompanying initiatives include:

  • A published Statement of Expected Behaviour that sets clear standards for judicial conduct.
  • Mandatory training for leadership judges on identifying and addressing inappropriate behaviour.
  • Wider training programmes for all judicial office holders.
  • Improved access to reporting routes, advice, and wellbeing resources.

These efforts are supported by a joint statement from the Lady Chief Justice, the Senior President of Tribunals, and the Bar Council’s Commissioner for Conduct. The reforms respond directly to evidence from the Judicial Attitude Survey, the Bar Council’s 2023 report on bullying at the Bar, and Baroness Harriet Harman’s 2025 Independent Review.

Statement from Lady Justice Whipple

“The judiciary is committed to upholding the highest standards of integrity, fairness and respect. While the majority of judicial office holders behave professionally and courteously, we take concerns about bullying, harassment and discrimination very seriously and are committed to providing clear, accessible routes for legal professionals working in our courts and tribunals to raise and resolve concerns about a judge’s behaviour. This protocol formalises and improves a process that has long existed – giving legal professionals clarity about how they can raise concerns informally.”

Lady Justice Whipple, Lead Judge for Diversity and Inclusion, Leadership, Development and Wellbeing

Practical Guidance and Next Steps

The detailed Protocol for legal professionals wishing to raise
concerns informally about judicial behaviour for legal professionals wishing to raise concerns informally about judicial behaviour should be consulted.

The protocol clearly outlines the process, including options for direct or indirect approaches, expected responses and timelines.

Legal professionals are encouraged to consult this guidance before deciding whether to pursue informal resolution or escalate directly to the JCIO.

Protocol for legal professionals wishing to raise concerns informally about coroner behaviour

On the 22nd July 2026, following the Lady Chief Justice and Senior President of Tribunals issuing the protocol setting out an informal resolution route if legal professionals have a concern about a judge’s behaviour, the Chief Coroner issued the Protocol for Legal Professionals Wishing to Raise Concerns Informally About
Coroner Behaviour.

The Chief Coroner is unable to investigate complaints relating to the personal conduct of a coroner or any other judicial office holder. As with all judges, matters concerning personal conduct fall within the remit of the Judicial Conduct Investigations Office (JCIO). Information about the complaints process and how to make a complaint is available via the JCIO website.

What is the Judicial College ?
Dodgy Judges

Check out our articles on Rule of Law, Open Justice, Judicial Conduct Investigations Office (JCIO), R v Sussex Justices, Judges Salaries and Fees, Dodgy Judges, Do you Have to Bow to a Judge ?, Can you Email a Judge ?, Can you Criticise a Judge ? and the highly dubious Sussex Family Justice Board.

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

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

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

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Criminal Justice Judiciary Legal Professionals

His Honour Judge Nicholas Rowland

His Honour Judge Nicholas Rowland

Judge Nicholas Edward Rowland, known as His Honour Judge Nicholas Rowland, is a long-serving Circuit Judge of England and Wales who is assigned to the South West Circuit.

His Honour Judge Nicholas Edward Rowland was called to the Bar in 1988 and practised as a barrister for over 25 years before becoming a full-time judge.

He was appointed a Recorder (part-time judge) in 2005 and sat at Southampton Crown Court, before being appointed a Circuit Judge on the 23rd June 2014 on the South West Circuit, where he has served as a permanent judge based at Southampton Combined Court Centre ever since.

We are pleased to announce that His Honour Judge Nicholas Rowland, a former member, has been appointed to the Crown Court bench to be based in Southampton.

3PB Barristers Autumn 2014 News

Detailed public records on Judge Rowland’s pre-appointment professional background (such as whether he practiced as a barrister or solicitor, chambers affiliation (3 Paper Buildings (3PB) is one of the UK’s oldest chambers), year of call to the Bar, or areas of specialization) are limited.

Unlike some judges whose biographies appear on chambers websites, judicial profiles, or in appointment announcements with full career histories, Judge Rowland’s pre-bench career is not extensively documented in open sources.

HHJ Rowland is shown on the List of Circuit Judges published on the Courts and Tribunal Judiciary website.

His Honour Judge Nicholas Edward RowlandSouth West23-06-2014
List of Circuit Judges

Judge Rowland Legal Controversy – Judge Praises Behaviour of Teenage Rapists

A gang of three teenage boys from the traveller community in Hampshire have avoided custodial sentences after being convicted of multiple rapes against two schoolgirls in separate attacks in Fordingbridge.

In November 2024, two boys aged 14 lured a 15-year-old girl via Snapchat to a riverside underpass, where they raped her while laughing and filming the assault on their phones. Just two months later, the same pair, joined by a 13-year-old boy, subjected a 14-year-old girl to a knife-point gang rape in a park, again recording the attack and encouraging each other to degrade her further.

On the 5th March 2026, following a five-week trial at Southampton Crown Court, the three boys were convicted. The two older boys, now aged 15, were found guilty of multiple counts of rape and taking indecent images of a child. The youngest boy, now aged 14, was convicted of two counts of rape. They were sentenced on the 21st May 2026.

Despite the seriousness of the offences which included filming and the use of a knife in one attack, His Honour Judge Nicholas Rowland sentenced all three to youth rehabilitation orders rather than prison. The two older boys received three-year orders with intensive supervision, while the youngest received an 18-month order.

Judge Rowland cited the defendants’ young age, low intellectual capacity, ADHD issues, vulnerability to peer pressure and limited understanding of consent as key mitigating factors.

Judge Rowland told them: “None of you need to go to prison today,” and praised their good behaviour during the trial “You have all done very well with the restrictions put in place throughout the trial. (The second boy) and (the third boy) your problems are quite bad.“ stating he wished to avoid “criminalising these children unnecessarily” and focus on their rehabilitation.

Judge Rowland’s lenient sentence has sparked significant public outrage and political criticism, with senior politicians describing it as “soft justice” and calling for tougher penalties for such serious sexual offences against children.

The full transcript of judge Nicholas Rowlands sentencing remarks were made publicly available after the BBC requested they be transcribed.

The case has reignited debate over the sentencing of young offenders in England and Wales, particularly in cases involving extreme violence and the filming of sexual assaults.

On Friday 22nd May 2026, a government spokesperson said that the Attorney General’s office had received “multiple” requests for the sentences to be reviewed under the Unduly Lenient Sentence (ULS) scheme.

The Unduly Lenient Sentence (ULS) scheme allows anyone to ask for certain Crown Court sentences to be reviewed by the Attorney General’s Office (AGO) if they think the sentence is too lenient. 

The review is ultimately conducted by the Law Officers (Attorney General or Solicitor General) and if they consider the sentence appears unduly lenient, they can ask the Court of Appeal to review the sentence.

On Tuesday 26th May 2026, the Prime Minister Sir Keir Starmer announced that the sentences will be referred to the Court of Appeal.

On the 12th June 2026 the BBC published Boys’ sentences for rape to be reviewed in July

The sentences of three teenage boys who were spared custody over the rape of two girls will now be considered by senior judges at the Court of Appeal during a two-day hearing starting on 1st July 2026.

Court of Appeal cases fixed for hearing (Criminal Division) – 1st July 2026

Tom Little KC, for the attorney general, told the court: “It is submitted that the extent and nature of the offending was so serious such that the only appropriate sentence for [the boys] was detention.”

Tom Little KC also said that Judge Nicholas Rowland was “wrong to conclude that a community sentence could be justified for any of them”.

Judge ‘wrong’ to spare boy rapists from custody, court told – BBC News

Judge Nicholas Rowland was accused of being “unduly lenient” to the rapists by lawyers representing the Attorney General at the Court of Appeal.

On the 2nd July 2026, two teenage boys were given four years’ detention after the Court of Appeal changed the sentence. The third boy did not have his sentence changed. The Lady Chief Justice Baroness Carr, Lord Justice Edis, and Justice Norton presided over the case.

The Lady Chief Justice said courts have to follow sentencing guidelines, which together require the sentencing judge to assess the seriousness of the offence, and whether they pass the custody threshold.

The assessment of seriousness was at the heart of the appeal, Carr says – recognising the difficulty of the case due to the ages of everyone involved.

Carr says a deeper analysis of the sentencing guidelines and of the two separate incidents was undertaken, adding that it was then “concluded that the judge had erred in his assessment of the seriousness of the offences“.

Judge Rowland erred in his assessment of the seriousness – Lady Chief Justice

Authorisation to sit as a High Court Judge

HHJ Rowland may be authorised to sit as a High Court Judge by s9(1) of the Senior Courts Act as amended by the Crime and Courts Act 2013.

According to CRIMINAL PRACTICE DIRECTIONS 2015 DIVISION XII His Honour Judge Rowland should be addressed as “My Lord” in court.

Modes of Address B.1 – The following judges, when sitting in court, should be addressed as ‘My Lord’ or ‘My Lady’

(b) any Circuit Judge sitting as a judge of the Court of Appeal (Criminal Division) or the High Court under section 9(1) of the Senior Courts Act 1981;
(d) any Senior Circuit Judge who is an Honorary Recorder.

Description B.3 – In cause lists, forms and orders members of the judiciary should be described as follows:

(a) Circuit Judges, as ‘His [or Her] Honour Judge A’. When the judge is sitting as a judge of the High Court under section 9(1) of the Senior Courts Act 1981, the words ‘sitting as a judge of the High Court’ should be added;

The three key values which are central to the role of judicial office holders (JOHs) in England and Wales are:
• Independence
• Impartiality
• Integrity

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

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

Image of HHJ Rowland : Microsoft Copilot

The High Court Judge that never was – His Honour Judge Melbourne Inman KC

Check out our articles on Rule of Law, Open Justice, Judges Salaries and Fees, Dodgy Judges, Mr Justice Williams, His Honour Now His Dishonour, His Honour Judge Stuart Farquhar, Do you Have to Bow to a Judge ?, Can you Email a Judge ?, Can you Criticise a Judge ? and the highly dubious Sussex Family Justice Board.

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

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

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

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Civil Justice Criminal Justice Family Law Legal Professionals

What is a Court Legal Adviser ?

Court Legal Advisor

In magistrates’ courts across England and Wales, lay justices (magistrates who are not legally qualified), deal with the overwhelming majority of criminal cases. Magistrates’ courts handle approximately 90-95% of all criminal cases in England and Wales.

To ensure proceedings are conducted lawfully, fairly and efficiently, lay justices are supported by justices’ legal advisers (also known as court legal advisers).

Court Legal advisers are qualified lawyers, either solicitors or barristers, who provide expert assistance to the court on all matters of procedure, evidence and sentencing law.

Alternative job titles for a Court Legal advisers include Court clerk or assistant to justices’ clerk.

We are HMCTS – Legal Adviser

Statutory Basis: Section 28 of the Courts Act 2003

The fundamental legal framework for the role is provided by Section 28 of the Courts Act 2003 (Function of giving legal advice to justices of the peace).

Under Section 28(1), the Lady Chief Justice may authorise a person:

  • (a) to give advice to justices of the peace about matters of law (including procedure and practice) on questions arising in connection with the discharge of their functions, including when the adviser is not personally attending on them; and
  • (b) to bring to the attention of justices of the peace any point of law (including procedure and practice) that is or may be relevant.

Authorisation is limited to suitably qualified court staff and carries statutory protection of independence.

Core Duties in Criminal and Youth Courts

In criminal and youth courts consisting of lay justices, the detailed duties of justices’ legal advisers are set out in Rule 2.12 of the Criminal Procedure Rules 2025.

A justices’ legal adviser must provide the court with any legal advice it needs (whether or not the court asks for it), including advice on:

  • questions of law and mixed questions of law and fact
  • matters of practice and procedure
  • relevant judicial decisions that bind the court
  • the process to be followed to reach a decision
  • the law relating to sentencing
  • the range of penalties and orders available, taking into account any applicable sentencing guidelines
  • any other matter relevant to the case

(5) In performing the functions for which these Rules provide a justices’ legal adviser―

(a) must avoid the appearance of advocacy for a party;

(b) must adhere to the same principles that apply to courts of independence, impartiality, integrity, propriety, competence, diligence and ensuring fair treatment; and

(c) may consult with other justices’ legal advisers.

Rule 2.12 (5) of the Criminal Procedure Rules 2025

Key requirements include:

  • Allowing parties an opportunity to make representations on the advice given
  • Being permitted to ask questions of parties or witnesses to clarify evidence
  • Assisting the court in drafting and recording reasons for its decisions
  • Supporting unrepresented defendants
  • Maintaining strict impartiality at all times

(3) To provide the legal advice required by paragraph (2)(a) a justices’ legal adviser must―

(a) if necessary, attend the members of the court outside the courtroom; and

(b) in that event, inform the parties, if present, of any such advice given there.

Rule 2.12 (3) of the Criminal Procedure Rules 2025

Advisers may not announce verdicts, sentences, or allocation/sending decisions.

Role Beyond Criminal Courts

While their primary and most extensive work is in criminal courts, justices’ legal advisers also support lay justices in family proceedings (under Family Procedure Rules Practice Direction 2C) and certain civil matters in magistrates’ courts.

However, the criminal jurisdiction remains the largest part of their caseload.

Skills and knowledge

As a Courts Legal Advisor , you’ll need:

  • legal knowledge including court procedures and government regulations
  • to be thorough and pay attention to detail
  • persistence and determination
  • analytical thinking skills
  • excellent verbal communication skills
  • the ability to think clearly using logic and reasoning
  • concentration skills
  • the ability to learn through your work
  • to be able to use a computer and the main software packages confidently

Qualifications and Employment

Justices’ legal advisers are employed by His Majesty’s Courts and Tribunals Service (HMCTS). Entry typically requires completion of the academic stage of solicitor or barrister qualification. Candidates may join through the two-year HMCTS trainee legal adviser programme or by direct application if already fully qualified.

Starting salaries are around £32,000, rising to £53,000 or more with experience. The role demands excellent legal knowledge, strong analytical skills, clear communication, attention to detail and the ability to remain calm and impartial under pressure.

Career path and progression

After qualifying, you’ll become as a Tier 1 legal adviser. With more experience, you can move on to be a Tier 2 adviser, working on more complex cases and with more responsibility. For instance, reviewing casework and mentoring trainees.

As your career as a legal advisor develops, and with further training, you can move up in stages to become:

  • a legal adviser team manager in a court
  • an area or regional manager
  • a justices’ clerk, if you have over 5 years’ experience
  • a barrister, crown prosecutor or judge
Dodgy Magistrates (JP)

Check out our articles on Rule of Law, Open Justice, Judges Salaries and Fees, Dodgy Judges, Magistrates, Chief Magistrate, Do you Have to Bow to a Judge ?, Can you Email a Judge ?, Can you Criticise a Judge ?, Crown Prosecution Service, Director of Public Prosecutions (DPP) and the highly dubious Sussex Family Justice Board.

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

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

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

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Civil Justice Criminal Justice Family Law Law Legal Professionals

What is a Skeleton Argument ?

Skeleton Argument

A skeleton argument is a concise written document prepared by a party (or their legal representative) and submitted to the court in advance of a hearing. It summarises the key factual and legal issues in dispute, sets out the main arguments that will be advanced, and identifies the authorities (cases, statutes, or other materials) that will be relied upon.

It acts as a “roadmap” for the judge and the advocate, helping to focus oral submissions and save valuable court time. Skeleton arguments (or their equivalent, such as position statements) are now a standard feature of litigation in England and Wales.

Purpose and Benefits of a Skeleton Argument

The primary purpose of a skeleton argument is to assist the court by clearly and concisely setting out the arguments on which a party intends to rely. A well-drafted skeleton:

  • Defines and narrows the real issues in dispute
  • Allows the judge to pre-read the case efficiently
  • Provides a clear structure for oral advocacy
  • Promotes efficiency in hearings

Judges frequently read skeletons before the hearing. A strong, well-structured skeleton can significantly influence the outcome by framing the case in advance.

Skeleton arguments are generally not required in the Magistrates’ Court unless the court specifically directs for one (e.g. for a complex legal issue).

Skeleton Arguments in Civil Proceedings (CPR)

In civil cases, skeleton arguments are governed by the Civil Procedure Rules 1998 (CPR) and the associated Practice Directions. The most important guidance is contained in Practice Direction 52A (Appeals), Section V, which sets out the requirements for skeleton arguments and is widely followed as best practice in first-instance hearings as well.

Key requirements include:

  • Must be concise, clear and focused
  • Set out in numbered paragraphs
  • Clearly define the areas of controversy
  • Contain cross-references to the relevant documents in the court bundle
  • Be self-contained (no incorporation by reference to earlier documents)
  • For each authority cited, state the proposition of law it supports and give specific page or paragraph references
  • Avoid lengthy quotations from cases or documents

Failure to comply with these requirements may result in costs sanctions or adverse comments from the court.

Skeleton Arguments in Criminal Proceedings (CrimPR)

In criminal cases, skeleton arguments are governed by the Criminal Procedure Rules 2025 (CrimPR) and the Criminal Practice Directions 2023 (as amended Nov 2025).

They are commonly required in the Crown Court for contested applications, trials involving significant legal argument, complex sentence hearings, and all appeals to the Court of Appeal (Criminal Division).

Key requirements include:

  • Strong emphasis on brevity and clarity
  • Must clearly identify the real issues
  • Proper citation of authorities (proposition of law + pinpoint reference)
  • Must comply with any page limits or other directions set by the court
  • Must be filed and served in accordance with any timetable set by the court

Non-compliance may lead to the skeleton being rejected, costs orders, or adjournment of the hearing.

Skeleton Arguments in Family Proceedings (FPR)

In family law cases, the Family Procedure Rules 2010 (FPR) and Practice Direction 27A (Court Bundles and Position Statements) apply. The terminology differs slightly from civil and criminal litigation.

In financial remedy proceedings, the term “position statement” is commonly used, and this includes what would otherwise be a skeleton argument. Strict page limits apply:

  • First Appointment: maximum 6 pages
  • Other interim hearings: maximum 8 pages
  • FDR appointment: maximum 12 pages
  • Final hearing: maximum 15 pages (excluding agreed documents)

In children and other non-financial family cases, a separate skeleton argument may be filed where appropriate (generally not exceeding 20 pages).

For appeals in family proceedings, see FPR PD 30A, which requires a skeleton argument to accompany or follow the appellant’s notice.

Common requirements across family cases include:

  • Numbered paragraphs
  • Cross-references to the court bundle
  • Clear propositions of law for each authority cited
  • No new evidence or factual allegations
  • Emphasis on the welfare of the child (where relevant) or the s.25 factors in financial cases

Recommended Structure for a Skeleton Argument / Position Statement

  1. Introduction – The order or relief sought and the party’s position
  2. The Issues – A clear numbered list of the matters the court must decide
  3. Factual Background – Short neutral chronology or agreed facts
  4. Legal Framework – Relevant statutes and case law
  5. Submissions – Arguments on each issue, clearly linked to the facts and law
  6. Conclusion – Summary of the relief requested

Published Skeleton Argument Templates and Examples

Several official and professional templates are publicly available:

  • Official GOV.UK Template – Form AC014 (Skeleton Argument) – ideal for appeals and tribunals
  • SRA Guidance Template
  • Many barristers’ chambers and law firms publish precedent skeletons for specific applications (e.g. summary judgment, interim injunctions, family financial remedies)

While using a template is helpful, always tailor it to the specific requirements of your court, hearing type and any individual directions from the judge.

Best Practice Tips

  • Use short sentences, clear headings, and numbered paragraphs
  • Use 12-point font with 1.5 line spacing
  • Avoid footnotes where possible
  • File and exchange by the court deadline (usually the day before the hearing)
  • Always comply with any specific directions from the judge

Comparison Table

AreaGoverning RulesDocument NameTypical LengthMandatory?
CivilCPR + PD 52A (Section V)Skeleton ArgumentConcise (often up to 25 pages on appeal)Usually yes, especially on appeals
CriminalCrimPR + Practice Directions 2023Skeleton ArgumentSubject to court directionsCommon in complex/contested cases
Family (Financial)FPR PD 27APosition Statement (incl. skeleton)6–15 pages (stage dependent)Yes for most hearings
Family (Children/Other)FPR PD 27A + PD 30APosition Statement / SkeletonUp to 20 pagesIf appropriate

Conclusion

The skeleton argument (or position statement in family cases) is an essential bridge between written statements and oral advocacy in the UK courts. Whether in civil, criminal, or family proceedings, the golden rules remain the same: clarity, brevity, and precision.

A well-crafted skeleton or position statement does not merely summarise the case, it persuades the court before a single word is spoken in the hearing.

Check out the related articles on the Attorney General, Solicitor General, Lady Chief Justice, Master of the Rolls, Lord Chancellor, Justice Secretary, Rule of Law, Open Justice, Law, Is the Law Black and White ?, Government Legal Department, Crown Prosecution Service (CPS), Abuse of Process, Government Legal Department (GLD), What Does Lady Justice Symbolise ?, McKenzie Friend, Can a Judge Direct a Jury to Find a Defendant Not Guilty ?,Law Society, Law Commission, McKenzie Friend Right of Audience, Solicitors, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, R v Sussex Justices, Police Impartiality and the highly questionable Sussex Family Justice Board.

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

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

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

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Judiciary Legal Professionals

Can you Buy a Judge ?

His Honour Judge Martin John Cook For Sale

His Honour Judge Martin John Cook was for sale, in a box, at the Mega Car Boot Sale at Sayers Common on Sunday 29th March 2026 !

For £100 you could have his judicial gown, sash, court shoes and other memorabilia . His Honours wig had already been sold on eBay for £275.

The judges former court attire had been found in a box during a house clearance of a five million pound house in Esher, Surrey.

His Honour Judge Cook in a Box

His Honour Judge Michael John Cook was a British circuit judge (often referred to as HHJ Michael Cook or simply Judge Michael Cook) known particularly in the field of legal costs in England and Wales.

Judge Michael Cook passed the Solicitor Final Exam on the 31st July 1953

His Honour Judge Cook is more often cited as an author and commentator on costs rather than through a large volume of widely reported appellate judgments.

His Honour Judge Martin John Cook

Stringer v Copley (KT903476) on the 17th May 2002, is the most frequently cited judgment by HHJ Michael Cook in modern costs practice. Disbursements Decoded: The Breakdown Debate in Fixed Costs Litigation

Judge Cook’s holdings (widely quoted in later cases) was that Medical agency fees are recoverable between the parties provided it is demonstrated that their charges do not exceed the reasonable and proportionate cost of the work if done directly by solicitors.

Invoices/fee notes from medical agencies must distinguish between the medical expert’s fee and the agency’s own charges.

Judge Cook’s famous textbook Cook on Costs (now in updated editions dedicated to “the late Michael Cook”) frequently references his practical views, and later cases or articles quote him on topics like:

  • Sufficiency of particulars in solicitors’ bills (referenced in Ralph Hume Garry v Gwillim [2002] EWCA Civ 1500, where his views in Cook on Costs align with Cordery on Solicitors).

    In the latest edition of Cordery, written by His Hon. Judge Michael Cook, it is said that:−”A bill of costs must contain sufficient particulars to enable the client to judge the fairness of the charges.” Judge Cook says the same in his own work Cook on Costs.
  • Blackstock v Blackstock [1990] EWCA Civ J1129-9 before Lord Justice Slade and Lord Justice Butler-Sloss upheld Judge Cook’s reasoning and refusal of the ouster order.
  • Broader costs assessment principles, proportionality and remuneration.

Judge Michael Cook lived a long life in the law and passed away at the age of 93. Costs Judge Master Jennifer James wrote a tribute titled “A life in law well lived – His Honour Judge Michael Cook” in the Costs Lawyer Journal, reflecting on his contributions and the impact of his eponymous textbook.

Do Retired Judges Keep Their Title ?
Dodgy Judges
Can you Email a Judge ?

The High Court Judge that never was – His Honour Judge Melbourne Inman KC

Check out our articles on Rule of Law, Open Justice, Judges Salaries and Fees, Dodgy Judges, Do you Have to Bow to a Judge ?, Can you Email a Judge ?, Can you Criticise a Judge ?, Judicial Guidance on Artificial Intelligence and the highly dubious Sussex Family Justice Board.

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

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

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

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Government Law Legal Analysis Legal Professionals

The Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013

Sir Kier Starmer

In October 2013, the Treasury laid before Parliament a short statutory instrument, in relation to Sir Keir Starmer, that has since gained unexpected political attention.

Officially known as The Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013 (SI 2013/2588), the measure came into force on the 31st October 2013.

Despite its modest length of just three operative paragraphs, the Regulations addressed a specific technical issue arising from Keir Starmer KC’s departure as Director of Public Prosecutions (DPP).

Made – – – – 8th October 2013
Laid before Parliament 9th October 2013
Coming into force – – 31st October 2013

The Treasury, in exercise of the power conferred by section 5(2) of the Pensions (Increase) Act
1971(a) and now vested in them(b) hereby make the following Regulations:

Citation and commencement

  1. These Regulations may be cited as the Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013, and come into force on 31st October 2013.

    Interpretation
  2. (1) In these Regulations, “the 1971 Act” means the Pensions (Increase) Act 1971.
    (2) For the purposes of these Regulations the time when a pension “begins” is that stated in
    section 8(2) of the 1971 Act(c).

    Pensions to which the 1971 Act shall apply
  3. The 1971 Act shall have effect in relation to any pension payable under the Pension Scheme
    for Keir Starmer QC (being a scheme made under section 1 of the Superannuation Act 1972(d)),
    as if it were a pension specified in Part 1 of Schedule 2 to the 1971 Act.
The Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013

Background

Sir Keir Starmer, who is currently the UK Prime Minister, served as Director of Public Prosecutions from 2008 until 2013, leading the Crown Prosecution Service through a period of major reform.

As with other senior public appointments, his remuneration included a pension arranged under section 1 of the Superannuation Act 1972.

This was a bespoke pension scheme created specifically for the role of DPP, separate from the standard civil service pension arrangements. When Keir Starmer left office, a question arose regarding how his pension would be increased for inflation once it came into payment.

Purpose of The Pensions Increase (Pension Scheme for Keir Starmer QC) Regulations 2013

The 2013 Regulations were made under section 5(2) of the Pensions (Increase) Act 1971. They declared that the 1971 Act “shall have effect” in relation to any pension payable under Keir Starmer’s scheme “as if it were a pension specified in Part 1 of Schedule 2” to that Act.

In simple terms, this ensured that Kier Starmer’s DPP pension would receive the same annual up-rating for inflation as most other public-service pensions. Increases would therefore be linked to the Retail Prices Index (or its successor measures), thereby protecting the pension’s real value over time.

Key Provisions and Scrutiny

Signed by Treasury ministers Desmond Swayne and Stephen Crabb on the 8th October 2013, the instrument was laid before Parliament the next day.

An accompanying explanatory note emphasised its narrow scope, stating that it had “no impact upon the private or voluntary sectors”. A parliamentary joint committee scrutinising statutory instruments noted a minor drafting point concerning the definition of when a pension “begins”. However, the committee accepted the Treasury’s clarification and viewed the Regulations as largely technical in nature.

The underlying pension scheme was tax-unregistered, a common feature for certain high-level public posts at the time. The 2013 Regulations did not create or change this tax status; they simply applied standard indexation rules.

Later Controversy

For nearly a decade, the Regulations attracted little public interest. They resurfaced in March 2023 during debates over the abolition of the lifetime allowance. Some critics portrayed the measure as a “special law” granting Kier Starmer, by then Leader of the Opposition, a personal tax advantage.

Supporters argued that the arrangement was standard practice for the DPP post and that the Regulations merely aligned indexation with other comparable public-sector schemes. Keir Starmer has described the pension as the normal entitlement for the office he held.

Labour leader Sir Keir Starmer has been accused of hypocrisy by Conservatives over a tax exempt pension deal he has from a previous job.

Sir Keir criticised measures in the Budget which scrapped the £1m cap on lifetime pensions savings.

The Telegraph reported that Sir Keir got a special “tax unregistered” pension scheme when he stood down as Director of Public Prosecutions (DPP) in 2013.

Labour says it was standard practice for retiring DPPs to get such a deal.

But senior Conservative MP Sir Iain Duncan Smith told The Telegraph it made a “mockery” of Labour’s position on the lifetime pension allowance, and was as “close to hypocrisy as it is possible to get”.

Sir Keir Starmer criticised over tax free pension scheme

Image of The Rt Hon Sir Keir Starmer KCB KC MP – xAI – Grok

Check out our related articles on Statutory Instruments, Director of Public Prosecutions (DPP), Rule of Law, Crown Prosecution Service, Open Justice, What is Law, Is the Law Black and White ?, Branches of Law, Bullying, Harassment and Discrimination at the Bar, The Secret Barrister, Barristers, Direct Access Barrister, Barristers Behaving Badly, Inns of Court, Council of the Inns of Court, Bar Standards Board, Bar Tribunal and Adjudication Services, Bar Council, Innocent until Proven Guilty and the highly questionable Sussex Family Justice Board.

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

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

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

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Categories
Criminal Justice Government Law Legal Analysis Legal Professionals

Director of Public Prosecutions (DPP)

Director of Public Prosecutions (DPP)

The Director of Public Prosecutions (DPP) is the head of the Crown Prosecution Service (CPS). The Director of Public Prosecutions is responsible for the independent prosecution of criminal cases investigated by the police and other agencies.

This role ensures that decisions to prosecute are taken fairly, free from political interference and guided solely by the evidence and the public interest. Established over a century ago, the office has evolved into one of the most influential positions in British law, overseeing hundreds of thousands of cases each year.

Thank you for contacting the Private Office of the Director of Public Prosecutions and the Chief Operating Officer, at the Crown Prosecution Service (CPS). Your email has been received.

The Director of Public Prosecutions (DPP) email is [email protected]

Historical Background

The office dates back to the Prosecution of Offences Act 1879, which created the DPP to advise police and handle serious cases. The first holder, Sir John Maule QC, assumed the post in 1880 but operated with limited powers.

After a brief merger with the Treasury Solicitor in 1884, the role regained full independence under the Prosecution of Offences Act 1908. Significant modernisation occurred between 1944 and 1964 under Sir Theobald Mathew QC, who updated regulations, introduced new technology, and expanded staff numbers.

The pivotal moment came in 1986 with the launch of the Crown Prosecution Service (CPS) under the Prosecution of Offences Act 1985. This transformed the DPP from leading a small department into the chief executive of a national prosecution service.

Role and Responsibilities

The Director of Public Prosecutions is the third most senior public prosecutor, ranking below the Attorney General and Solicitor General. The holder bears personal responsibility for approximately 7,000 CPS staff and around 800,000 prosecutions annually.

Key duties include applying the Full Code Test to decide whether cases should proceed, advising police during investigations, setting charges in complex matters, and issuing legal guidance and policies. The DPP also presents cases in court where necessary and supports victims and witnesses. Crucially, the role demands strict independence; prosecutorial decisions cannot be directed by government.

The DPP reports to the Attorney General, who accounts for the CPS in Parliament, but day-to-day operations remain free from ministerial control.

The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. This is the eighth edition of the Code and replaces all earlier versions and was published on the 26th October 2018. Almost 8 years without an update is quite a long time.

Appointment and Current Leadership

The DPP is appointed by the Attorney General for an initial five-year term following an open competition overseen by the Civil Service Commission. The process emphasises integrity, legal expertise, and leadership.

The current Director of Public Prosecutions is Stephen Parkinson, who took office on the 1st November 2023. A University College London law graduate, Parkinson qualified as a barrister in 1980 and later as a solicitor in 2005.

He began as a junior prosecutor in 1984, rose through CPS ranks, and held senior government posts, including Deputy Head of the Attorney General’s Office. For two decades he practised as a defence solicitor at Kingsley Napley, becoming Senior Partner in 2018. His unique experience on both sides of the courtroom equips him to lead the service effectively.

Stephen Parkinson has been announced as the new Director of Public Prosecutions and head of the Crown Prosecution Service. It is expected that he will take up the appointment in November 2023 for an initial term of five years. He will succeed the outgoing DPP, Max Hill KC.

Chair of the Bar Council, Nick Vineall KC, said: “The Bar Council would like to congratulate and welcome Stephen Parkinson as the new Director of Public Prosecutions and head of the Crown Prosecution Service.  Mr Parkinson practised as a barrister for over 20 years and then qualified as a solicitor and has had a distinguished career in both the public and the private sectors. We very much look forward to meeting and engaging with the new DPP on areas of mutual concern, at a time when the criminal justice sector is under unprecedented pressure, and Crown Court backlogs are at record levels.

“The Bar Council would also like to record its sincere thanks to the outgoing DPP, Max Hill KC, who steered the CPS through the Covid crisis and has always sought to ensure that remuneration for those involved in prosecuting on behalf of the CPS was on a par with criminal defence fees.” 

New DPP Stephen Parkinson announced – Bar Council comment

Stephen Parkinson Legal Experience

Challenges and Future Outlook

Today’s DPP operates under intense pressure. Backlogs, rising caseloads, and high-profile events such as civil disturbances test resources and impartiality.

Maintaining public trust while improving efficiency, supporting victims more effectively, and embracing digital transformation are key priorities. DPP Stephen Parkinson has emphasised collaborative working across the criminal justice system to reduce delays and deliver fair outcomes.

Charlies Prosecution Service (CPS)
Coming Soon at https://cpsgov.uk – Charlie’s Prosecution Service

Image of Stephen Parkinson : PA

Check out our related articles on the Crown Prosecution Service (CPS), Crown Prosecution Service (CPS) Complaints and Feedback, HM Crown Prosecution Service Inspectorate (HMCPSI), Rule of Law, Open Justice, Victims’ Right to Review (VRR), Is the Law Black and White ?, Abuse of Process, What Does Lady Justice Symbolise ?, McKenzie Friend, Can a Judge Direct a Jury to Find a Defendant Not Guilty ?,Law Society, Law Commission, McKenzie Friend Right of Audience, Solicitors, Solicitors Regulation Authority, Barristers, Bar Council of England and Wales, Bar Standards Board, Contra Mundum, R v Sussex Justices, Police Impartiality and the highly questionable Sussex Family Justice Board.

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

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

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

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

Rule of Law - Open Justice - Policing By Consent