Categories
Law

What is the Justice Committee ?

justice committee uk parliament

The Justice Committee is a cross-party group of MPs appointed by the House of Commons to examine the policies and spending of the Ministry of Justice and associated public bodies.

This includes the courts, legal aid, prisons, probation and the rule of law. It also advises on sentencing guidelines. The Justice Committee is chaired by Andy Slaughter.

Role of the Justice Committee

Sir Bob Neill MP, former Chair of the Justice Committee, explained the role of the Justice Committee and how to get involved in the Committee’s work

The Justice Committee was appointed by the House of Commons to examine the expenditure, administration and policy of the Ministry of Justice and associated public bodies, (to include the work of staff provided for the administrative work of courts and tribunals, but excluding consideration of individual cases and appointments, and excluding the work of the Scotland and Wales Offices and of the Advocate General for Scotland); and administration and expenditure of the Attorney General’s Office, the Treasury Solicitor’s Department, the Crown Prosecution Service and the Serious Fraud Office (but excluding individual cases and appointments and advice given within government by Law Officers).

The Justice Committee is one of the 19 Select Committees related to Government Departments, established by the House of Commons under Standing Order No. 152.

Role of the Justice Committee – Parliament Website

Subjects of Inquiry

The Justice Committee chooses its own subjects of inquiry. 

Depending on the subject, external deadlines, and the amount of oral evidence the Committee decides to take, an inquiry may last for several months and give rise to a report to the House; other inquiries may simply consist of a single day’s oral evidence which the Committee may publish without making a report.

When the Committee has chosen an inquiry it normally issues a press notice outlining the main themes of inquiry and inviting interested parties to submit written evidence. It may also identify possible witnesses and issue specific invitations to them to submit written evidence.

Role of the Justice Committee – Parliament Website

Inquiries

Inquiries allow committees to consider oral and written evidence on a particular topic. They usually result in the publication of a report.

All inquires of the Justice Committee past and present are published and can be searched for on the Parliament website.

Contact the Justice Commitee

  • Email: [email protected]
  • Phone: (General Enquiries) 020 7219 7005 (Media Enquiries) 07842 601500
  • Address: House of Commons, London SW1A 0AA
Justice Committee X Feed

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

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

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Law

What is a Private Prosecution ?

Private prosecution

Private prosecution refers to the initiation of criminal proceedings by a private individual or organisation rather than a public authority such as the Crown Prosecution Service (CPS) in the UK.

In the UK, private prosecutions have a long history and are enshrined in common law, allowing individuals and organisations to bring criminal charges against others for a wide range of offenses.

Private prosecutions are relatively rare in the UK, but they are allowed under section 6(1) of the Prosecution of Offences Act 1985.

This article will provide an overview of private prosecution in the UK, including its history, the legal framework, and the process of bringing a private prosecution. It will also discuss the advantages and disadvantages of private prosecution and some high-profile cases.

History of Private Prosecution in the UK

Private prosecution has a long history in the UK, dating back to medieval times. Before the establishment of a professional police force and public prosecution service, private individuals or organisations were responsible for investigating and prosecuting criminal offenses.

In the 19th century, the power to prosecute criminal offenses was gradually transferred to public authorities such as the Crown Prosecution Service. However, private individuals or organisations retained the right to bring private prosecutions, and this right was enshrined in common law.

Today, private prosecution is governed by the Prosecution of Offenses Act 1985 and the Criminal Procedure Rules.

There are, however, some limitations: 

  • the Director of Public Prosecutions (DPP) has power under section 6(2) POA 1985 to take over private prosecutions;
  • in some cases, the private prosecutor must seek the consent of the Attorney General or of the DPP before the commencement of proceedings.

Legal Framework for Private Prosecution

The legal framework for private prosecution in the UK is set out in the Prosecution of Offenses Act 1985, Criminal Procedure Rules and the Magistrates’ Courts Act 1980.

Prosecutions instituted and conducted otherwise than by the Service.

(1)Subject to subsection (2) below, nothing in this Part shall preclude any person from instituting any criminal proceedings or conducting any criminal proceedings to which the Director’s duty to take over the conduct of proceedings does not apply.

Section 6(1) of the Prosecution of Offenses Act 1985

The Criminal Procedure Rules 2020 Part 7 “Starting a Prosecution in a Magistrates’ Court” apply to private prosecutions in the UK.

CPR Part 7 contains specific provisions on the procedure to be followed in private prosecutions, including the requirements for the service of documents, the conduct of preliminary hearings, and the transfer of cases to the Crown Court. These rules provide a clear framework for the conduct of private prosecutions and ensure that they are conducted fairly and efficiently.

Section 1 of the Magistrates’ Courts Act 1980 (MCA 1980) applies to a laying of information at a Magistrates Court :-

Issue of summons to accused or warrant for his arrest.

On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—
(a)a summons directed to that person requiring him to appear before a magistrates’ court to answer the information, or
(b)a warrant to arrest that person and bring him before a magistrates’ court

Section 1 Magistrates’ Courts Act 1980

In order to bring a private prosecution, the individual or organisation must have sufficient evidence to establish a prima facie case against the defendant. This means that there must be enough evidence to suggest that the defendant has committed the offense, and that there is a reasonable prospect of conviction.

The process of bringing a private prosecution is similar to that of a public prosecution. The CPS publish legal guidance about Private Prosecutions on their website.

How to bring a Private Prosecution

To bring a private prosecution, an individual must first lay an information.

This is a document that sets out the details of the alleged offense and provides evidence to support the claim. The information must be laid before a magistrate or a judge, who will decide whether or not to issue a summons.

The information must contain the following details:

  • The name and address of the accused
  • The details of the offense, including the date, time, and location
  • The evidence supporting the claim
  • The name and address of the individual or organization bringing the prosecution
  • The name and address of any witnesses

The gov.uk website have published a word document SP001 dated May 2019 Application for summons or warrant for arrest for alleged offence under Magistrates’ Courts Act 1980 section 1, CrimPR 7.2(6) which captures all the relevant information to “lay an information” at a Magistrates Court.

sp001-eng__1_Download

You can find a Magistrates Court using the Find a court or tribunal service.

Once the information is laid, the magistrate or judge will consider the evidence and decide, using it’s discretion, whether or not to issue a summons or warrant of arrest.

If the summons is issued, the accused will be required to attend court to answer the charges.

If a warrant of arrest is issued under Section 125 of the Magistrates’ Courts Act 1980, then this will be directed to “any constable acting within his police area”.

Advantages of a Private Prosecution

There are several advantages to bringing a private prosecution rather than relying on the public prosecution service.

One of the main advantages is that the individual or organisation has greater control over the proceedings. They can choose the lawyers and experts who will represent them, and they can decide which charges to bring.

Another advantage is that private prosecution can be a more effective way of holding individuals or organisations to account, particularly in cases where the public prosecution service has declined to prosecute. Private prosecutions can also be quicker than public prosecutions, as they are not subject to the same bureaucratic processes.

Disadvantages of Private Prosecution

However, there are also some disadvantages to private prosecution. One of the main disadvantages is the cost.

Private prosecutions can be expensive, as the individual or organisation is responsible for paying for the legal representation and other costs associated with the case. This can be a particular problem for individuals or organisations who do not have significant financial resources.

Private Prosecutions can be seen as a way for individuals and organizations to take the law into their own hands and there is a risk of retaliation, including legal action or harassment.

Private prosecutions can be difficult to win, as the accused person has the right to a fair trial.

If you are considering bringing a private prosecution, it is important to seek legal advice to ensure that you are aware of the risks and potential benefits.

High-Profile Private Prosecutions

In recent years, there have been several high-profile private prosecutions in the United Kingdom that have garnered significant attention. These cases have demonstrated the potential power and impact of private prosecutions in bringing justice to victims and holding individuals accountable for their actions. Let’s explore a few notable examples:

  1. R v. Gary Dobson and David Norris (Stephen Lawrence Case): One of the most prominent private prosecutions in recent UK history was the private prosecution brought by Stephen Lawrence’s family. Stephen Lawrence, a black teenager, was murdered in a racially motivated attack in 1993. Despite strong evidence, the initial investigation failed to secure a conviction. In 1999, Stephen’s parents, Doreen and Neville Lawrence, utilized the private prosecution route to pursue justice. The private prosecution ultimately led to the conviction of Gary Dobson and David Norris for Stephen’s murder in 2012.
  2. R v. John Downey (Hyde Park Bombing Case): In 2013, a private prosecution was initiated against John Downey, who was accused of the 1982 Hyde Park bombing in London, which killed four soldiers and injured many others. The prosecution was launched by the families of the victims after the criminal trial against Downey collapsed due to an error in his prosecution. In 2014, the private prosecution was halted by a judge who ruled that Downey could not face trial again due to an official assurance given to him by the government.
  3. R v. Dale Cregan (Mark Short and David Short Case): Dale Cregan, a notorious criminal, was involved in the murders of Mark Short and his father David Short in 2012 as part of a gangland feud. The Short family decided to pursue a private prosecution against Cregan after the criminal trial against him commenced. However, during the trial, Cregan admitted to the charges, and the private prosecution was discontinued. Nevertheless, this case highlighted the potential for private prosecutions in high-profile criminal matters.

These recent high-profile private prosecutions demonstrate the ability of private individuals to bring justice to victims and hold perpetrators accountable, even in cases where the state prosecution may have faltered or faced challenges. Private prosecutions can play a crucial role in ensuring that no crime goes unpunished.

Private prosecutions are an important part of the legal system in the UK, as they allow individuals to seek justice in the UK legal system.

While there are advantages to bringing a private prosecution, such as control over the case and closure for the victim, there are also several disadvantages.

Nicola Sharp who is a Partner at Rahman Ravelli Solicitors has published a useful article Private Prosecutions: The Process, Defendants’ Options and Mixed Motives.

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

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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

Lady Chief Justice

lady chief justice dame sue carr

The Lady Chief Justice is the most senior judge in England and Wales, and is responsible for the administration of justice. The salary of the Lady Chief Justice is £312,510.

Dame Sue Carr was sworn in as the first Lady Chief Justice of England and Wales on the 1st October 2023.

Check out our articles on HHJ Inman KC and the email to the Lady Chief Justice.

His Majesty The King has been pleased to approve the appointment of Dame Sue Carr as the Lady Chief Justice of England and Wales from 1 October 2023. This appointment follows the retirement of The Rt Hon. the Lord Burnett of Maldon on 30 September 2023.

Dame Sue Carr was called to the Bar in 1987. As a barrister she specialised in general commercial law and took silk in 2003. She became Chair of the Professional Negligence Bar Association in 2007, Chair of the Bar Standards Board Conduct Committee in 2008, and was appointed as the Complaints Commissioner to the International Criminal Court in the Hague in 2011.

Her judicial career began in 2009 in crime, when she became a Recorder. She was appointed to the High Court, Queen’s Bench Division in 2013, and became a nominated Judge of the Commercial Court and the Technology and Construction Court in 2014. In the same year she became a member of the Investigatory Powers Tribunal until 2016. She became a Presider of the Midland Circuit in 2016 until 2020, when she was appointed as a Lady Justice of Appeal. In the same year she was also appointed as the senior Judicial Commissioner and Vice Chair of the Judicial Appointments Commission, a position she held until January 2023.

Dame Sue Carr was educated at Wycombe Abbey School and read law at Trinity College Cambridge.

Appointment of Lord Chief Justice: 15 June 2023 gov.uk

The role of Lady Chief Justice (LCJ) is to oversee the judiciary and ensure that the courts operate efficiently and effectively. This position is a vital one in the legal system, and the Lady Chief Justice plays a significant role in upholding the rule of law in England and Wales.

The Lady Chief Justice is also President of all the Courts of England and Wales. The Lady Chief Justice sits in both the Criminal and Civil divisions of the Court of Appeal, in the Divisional Court and also, by invitation, in the UK Supreme Court.

Under the Constitutional Reform Act 2005, the Lady Chief Justice (LCJ) has some 400 statutory (required by law) duties. The LCJ’s key responsibilities include:

  • Representing the views of the judiciary of England and Wales to Parliament and Government.
  • The welfare, training and guidance of the judiciary of England and Wales. The Lord Chief Justice discusses with Government the provision of resources for the judiciary, which are allotted by the Lord Chancellor.
  • The deployment of judges and allocation of work in courts in England and Wales.
Lady Chief Justice Courts and Tribunals Judiciary

You may also be interested in our article on the Lord Chief Justice, Master of the Rolls and the Lord Chancellor.

History of the Lord/Lady Chief Justice

The history of the Lord Chief Justice dates back to the 12th century, when the office of the Chief Justiciar was established in England. This office was responsible for overseeing the administration of justice in the country, and was considered the most important legal office in the land.

Over time, the role of the Chief Justiciar evolved, and in 1234, the office of the Lord Chief Justice was established by King Henry III. This new position was created to provide greater independence and authority to the judiciary, and to ensure that justice was administered fairly and impartially.

The Lord Chief Justice is appointed by the King on the recommendation of the Prime Minister. The appointment is made from a list of candidates prepared by an independent panel of legal experts. The Lord Chief Justice holds the position for a fixed term of five years, after which he or she may be re-appointed for another term.

The Lord Chief Justice has a number of important responsibilities. These include presiding over the Court of Appeal, which is the second highest court in the land, and overseeing the High Court and the Crown Court. The Lord Chief Justice also plays a key role in the development of the law, and is responsible for ensuring that the judiciary is properly trained and equipped to handle the complex legal issues that arise in the modern world.

One of the key functions of the Lord Chief Justice is to ensure that justice is administered fairly and impartially. This means that the Lord Chief Justice must be independent of political influence, and must make decisions based solely on the evidence presented in court. The Lord Chief Justice is also responsible for ensuring that the court system operates efficiently and effectively, and that the rights of defendants and victims are protected.

The Lord Chief Justice is assisted in his or her duties by a team of judges, including the Lord Justice of Appeal and the High Court judges. These judges are responsible for hearing cases and making judgments in accordance with the law. The Lord Chief Justice also works closely with the Ministry of Justice and the Attorney General’s office to ensure that the legal system operates effectively and efficiently.

In addition to his or her legal duties, the Lord Chief Justice also plays an important role in promoting the legal profession and upholding the principles of justice and fairness. The Lord Chief Justice is often called upon to speak publicly on legal issues, and to represent the legal profession in national and international forums. The Lord Chief Justice is also responsible for ensuring that the legal profession maintains high ethical standards, and that lawyers and judges act with integrity and professionalism at all times.

The role of the Lord Chief Justice is a complex and demanding one, and requires a deep understanding of the law and the legal system. The Lord Chief Justice must be able to balance the demands of the legal profession with the needs of society, and must be able to make difficult decisions in the face of complex legal issues. The Lord Chief Justice must also be able to work closely with other members of the judiciary, as well as with government officials, to ensure that the legal system operates smoothly and effectively.

In recent years, the role of the Lord Chief Justice has become even more important, as the legal system has become more complex and the demands on the judiciary have increased. The Lord Chief Justice must be able to adapt to changing circumstances, and to ensure that the legal system remains effective in the face of new challenges and developments.

As Lady Chief Justice, Dame Carr is responsible for overseeing the administration of justice in England and Wales, and for ensuring that the legal system operates fairly and efficiently. She also plays an important role in promoting the independence and integrity of the judiciary, and in ensuring that judges and lawyers maintain high ethical standards.

In addition to his role as Lady Chief Justice, Carr also serves as a member of the Privy Council. She is widely respected for his legal expertise and her commitment to upholding the rule of law, and is regarded as one of the most influential legal figures in the UK today.

Appointment and Selection Process

The appointment of the Lord/Lady Chief Justice is made by His Majesty The King on the advice of the Prime Minister and the Lord Chancellor following the recommendation of an independent selection panel chaired by Helen Pitcher OBE, Chair of the Judicial Appointments Commission . The other members were Lord Lloyd-Jones of the Supreme Court,  Sue Hoyle OBE and Sarah Lee (lay and professional members of the Judicial Appointments Commission), and Lord Justice Edis (Senior Presiding Judge).

This selection exercise was run under the relevant sections of the Constitutional Reform Act 2005 as amended by the Crime and Courts Act 2013. In accordance with section 70 of the Constitutional Reform Act 2005, as amended by the Crime and Courts Act 2013, the panel determined the selection process to be followed and consulted the Lord Chancellor and the First Minister of Wales on the process followed.

In accordance with s.10(3) of the Senior Courts Act 1981 c.54, the selection exercise was open to all applicants who satisfied the judicial-appointment eligibility condition on a 7-year basis, or were judges of the Supreme Court, Court of Appeal, or High Court.

Given the challenges of reducing the outstanding caseloads across jurisdictions and the drive for modernisation across the Courts and Tribunals, candidates were expected to be able to serve for at least 4 years.

Appointment of Lord Chief Justice: 15 June 2023 gov.uk

The Lady Chief Justice is a vital figure in the English legal system, and plays a crucial role in upholding the principles of justice and fairness. The Lady Chief Justice is responsible for overseeing the administration of justice in England and Wales, and for ensuring that the legal system operates efficiently and effectively.

The Lady Chief Justice is also responsible for promoting the legal profession, and for ensuring that lawyers and judges maintain high ethical standards. This is an important role, as the legal profession plays a key role in upholding the rule of law and protecting the rights of individuals.

The Lady Chief Justice is an impartial figure, who must make decisions based solely on the evidence presented in court. This means that the Lady Chief Justice must be independent of political influence, and must be able to make difficult decisions in the face of complex legal issues.

One of the most important functions of the Lady Chief Justice is to oversee the development of the law. The Lady Chief Justice plays a key role in shaping the law, and in ensuring that the legal system remains relevant and effective in the face of new challenges and developments.

The Lady Chief Justice is also responsible for ensuring that the judiciary is properly trained and equipped to handle the complex legal issues that arise in the modern world. This means that the Lady Chief Justice must work closely with other members of the judiciary, as well as with government officials, to ensure that the legal system remains effective and efficient.

Check out the related articles on the Government Legal Department (GLD), Attorney General, Solicitor General, 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, 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.

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

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

Categories
Law

Royal Courts of Justice

Royal Courts of Justice

The Royal Courts of Justice are a grand court building situated in The Strand London England which are located opposite to the Temple Bar Memorial Pillar.

The Royal Courts of Justice serves as the central court of the High Court of Justice and the Court of Appeal.

His Majesty King Charles III visited the Royal Courts of Justice (RCJ) on the 14th December 2023 for a historic event which celebrated the relationship between the monarchy and the judiciary. The King was met by Lady Carr, Lady Chief Justice of England and Wales (LCJ), who hosted his visit, as well as many judges and magistrates, and Judicial Office and HM Courts and Tribunals Service (HMCTS) staff.

King Charles III visits the Royal Courts of Justice

About the Royal Courts of Justice

The High Court of Justice in London, known properly as His Majesty’s High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales.

Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes.

It deals at first instance with all high value and high importance civil law (non-criminal) cases, and also has a supervisory jurisdiction over all subordinate Courts and Tribunals, with a few statutory exceptions.

The High Court consists of 3 divisions: the King’s Bench Division, the Family Division, and the Chancery Division.

The Central London County Court deals with civil cases of varying complexity and value, including disputes between individuals, businesses, and organisations and is one of the largest County Courts in England and Wales. The County Court is located in the Thomas More Building.

History of the Building

The Royal Courts of Justice building, located on The Strand, was designed by architect George Edmund Street and completed in 1882.

Its impressive Victorian Gothic architecture, grandeur and history make it one of the most recognizable landmarks in London, attracting thousands of tourists and legal professionals every year.

The Royal Courts of Justice was built to address the need for a larger, more centralised court system in London. Prior to its construction, there were several different courts throughout the city that were responsible for different types of cases. This led to confusion and inefficiency, and it was decided that a new, purpose-built courthouse was needed.

The building of the Royal Courts of Justice began in 1873 and took nearly a decade to complete. The cost of construction was substantial, with estimates suggesting that it was around £1.2 million, which was a significant sum of money at the time. The building’s design was based on Gothic architecture, which was popular during the Victorian era.

The Royal Courts of Justice was officially opened by Queen Victoria in 1882. Since then, it has played a central role in the British legal system, serving as the site of many significant cases over the years.

The Royal Courts of Justice is a fascinating and impressive court building that is steeped in history. Its grand architecture and impressive design reflect the importance of the legal system in British society, and it is a must-visit destination for anyone interested in law and history.

Visiting the Royal Courts of Justice

If you are planning on visiting the Royal Courts of Justice you should read the Royal Courts of Justice webpage on the Find a Court or Tribunal service.

Court and tribunal hearings in England and Wales usually take place in public. This means you can observe a court or tribunal hearing whether you’re a journalist, academic or member of the public.

The Royal Courts of Justice daily cause list lists all cases for trial in the Royal Courts of Justice and its outlying buildings.

If you are attending any court, it is important to be aware of what you are allowed to bring with you, as well as what is prohibited. The general rules Going through security at a court or tribunal building should be referred to.

Going through security at a court or tribunal building 28th March 2023

Surrender and seizure of articles

(1)If a court security officer acting in the execution of his duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (3), he must ask the person to surrender the article.

(2)If the person refuses to surrender the article, the officer may seize it.

(3)The grounds are that the article—

(a)may jeopardise the maintenance of order in the court building (or a part of it),

(b)may put the safety of any person in the court building at risk, or

(c)may be evidence of, or in relation to, an offence.

Courts Act 2003 Part 4 Section 54

Spoons at the Royal Courts of Justice

The Royal Courts of Justice appear to have different prohibited item rules to other courts as detailed in Version 1.03 of a Ministry of Justice (MoJ) document (with obligatory spelling mistakes) obtained on the 2nd November 2022. This document may have been updated since.

Prohibited Items at the Royal Courts of Justice London
Royal-Courts-of-Justice-Prohibited-Items-Ver-103Download

As you will notice, Metal cutlery is prohibited but Spoons are explicitly allowed ! They can clearly be used as weapon. How and why are they allowed ?

Spoon as a Weapon – Fawlty Towers © BBC
Spoon Salesman – Fawlty Towers © BBC
What are Judges Lodgings ?

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

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

Categories
Legal Analysis

What is Section 35 of the Anti-Social Behaviour, Crime and Policing Act 2014 ?

Section 35

Section 35 of the Anti-Social Behaviour, Crime and Policing Act 2014 grants police officers the power to direct a person to leave a specified area for up to 48 hours if certain conditions are met.

The Met Police were recently criticised for their use of Section 35 powers to arrest Tommy Robinson who was attending a march against antisemitism in London whilst working as a journalist.


(1) If the conditions in subsections (2) and (3) are met and an authorisation is in force under section 34, a constable in uniform may direct a person who is in a public place in the locality specified in the authorisation—

(a) to leave the locality (or part of the locality), and

(b) not to return to the locality (or part of the locality) for the period specified in the direction (“the exclusion period”).

(2) The first condition is that the constable has reasonable grounds to suspect that the behaviour of the person in the locality has contributed or is likely to contribute to—

(a) members of the public in the locality being harassed, alarmed or distressed, or

(b) the occurrence in the locality of crime or disorder.

(3) The second condition is that the constable considers that giving a direction to the person is necessary for the purpose of removing or reducing the likelihood of the events mentioned in subsection (2)(a) or (b).

(4) The exclusion period may not exceed 48 hours.

The period may expire after (as long as it begins during) the period specified in the authorisation under section 34.

(5) A direction under this section—

(a) must be given in writing, unless that is not reasonably practicable;

(b) must specify the area to which it relates;

(c) may impose requirements as to the time by which the person must leave the area and the manner in which the person must do so (including the route).

(6) The constable must (unless it is not reasonably practicable) tell the person to whom the direction is given that failing without reasonable excuse to comply with the direction is an offence.

(7) If the constable reasonably believes that the person to whom the direction is given is under the age of 16, the constable may remove the person to a place where the person lives or a place of safety.

(8) Any constable may withdraw or vary a direction under this section; but a variation must not extend the duration of a direction beyond 48 hours from when it was first given.

(9) Notice of a withdrawal or variation of a direction—

(a) must be given to the person to whom the direction was given, unless that is not reasonably practicable, and

(b) if given, must be given in writing unless that is not reasonably practicable.

(10) In this section “public place” means a place to which at the material time the public or a section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.

(11) In this Part “exclusion period” has the meaning given by subsection (1)(b).

Directions excluding a person from an area Section 35 ABCP Act 2014

These conditions include the officer having reasonable grounds to suspect that the person’s behaviour has contributed or is likely to contribute to members of the public being harassed, alarmed, or distressed, or to the occurrence of crime or disorder in the area.

The direction must be given in writing (unless impractical), specify the area, and may include requirements on the time and manner of departure, including the route. Failing to comply with the direction is an offence.

The power can be exercised by a Police Constable or a Police Community Support Officer. and must be authorised by a police officer of at least the rank of inspector. Section 34 of the Anti-Social Behaviour, Crime and Policing Act 2014 details the Authorisations to use powers under section 35.

(1) A police officer of at least the rank of inspector may authorise the use in a specified locality, during a specified period of not more than 48 hours, of the powers given by section 35.

“Specified” means specified in the authorisation.

(2) An officer may give such an authorisation only if satisfied on reasonable grounds that the use of those powers in the locality during that period may be necessary for the purpose of removing or reducing the likelihood of—

(a) members of the public in the locality being harassed, alarmed or distressed, or

(b) the occurrence in the locality of crime or disorder.

(3) In deciding whether to give such an authorisation an officer must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.

“Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.

(4) An authorisation under this section—

(a) must be in writing,

(b) must be signed by the officer giving it, and

(c) must specify the grounds on which it is given.

Authorisations to use powers under section 35 Section 34 ABCP Act 2014

Challenge a Section 35 Order

There are several ways to challenge the use of Section 35 of the Anti-Social Behaviour, Crime and Policing Act 2014 if you believe that the powers have been used inappropriately or unfairly :-

  1. Complain to the Police: Initially, you can make a complaint to the police force that issued the direction under Section 35. Each police force and local authority will have a formal complaints procedure.
  2. Independent Review: If you are not satisfied with the response from the police or local authority, you can seek an independent review. For police complaints, this may involve the Independent Office for Police Conduct (IOPC).
  3. Judicial Review: As a last resort, you can consider a judicial review, which is a type of court proceeding where a judge reviews the lawfulness of a decision or action made by a public body. A judicial review could challenge the way in which the powers were exercised.
  4. Legal Advice: It is advisable to seek legal advice if you are considering challenging the use of these powers. A solicitor can provide guidance on the merits of your case and the appropriate course of action.

Remember, the use of these powers is subject to certain conditions and must be proportionate to the issue being addressed. The rights of freedom of expression and freedom of assembly, as set out in the Human Rights Act 1998, must also be considered by the authorities when exercising these powers.

If you need detailed guidance or support, you may want to consult a legal professional who specialises in this area of law. They can provide personalised advice based on the specifics of your situation.

Public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise ”.

Section 33 Criminal Justice Act 1972

Check out our articles on Police Professional Standards, Policing by Consent, Police Impartiality, Police Surveillance, Are the Police for Hire ?, Independent Office for Police Conduct (IOPC),Police Public Confidence and Engagement, Crime Reporting, What is a Police and Crime Commissioner ?, Sussex Police, Policing, Police News, Two Tiered Policing, Thought Police, Wasting Police Time, Police Community Support Officers (PCSO), Met Police, Chief Constable Jo Shiner, R v Sussex Justices and the highly questionable Sussex Family Justice Board.

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Legal Analysis Legal Professionals

Bar Standards Board Justice !

Bar Standards Board Justice
Bar Standards Board Justice !

The Bar Standards Board published disciplinary findings against barrister Mr Thomas David Davidson on the 21st November 2023.

Thomas Davidson, a practising barrister, behaved in a way which was likely to diminish the trust and confidence which the public places in him or in the profession, in that, on 7 February 2022 at Salisbury Magistrates Court, following the conclusion of a trial during which he had represented a defendant before a Bench consisting of three Lay Magistrates, and after the Chairperson raised with him the issue of his having used a German accent during the proceedings and telling him that this conduct had been inappropriate, Mr Davidson looked at the Bench and said “Jawohl” at the same time as raising a hand in a Nazi salute, which conduct was seriously offensive and discreditable.

For professional misconduct contrary to Core Duty 5 (CD5) of the Code of Conduct of the Bar of England and Wales, Thomas Davidson was reprimanded and fined £250 with costs of £1,750.00.

The work that the Bar Standards Board do is governed by the Legal Services Act 2007 (the Act) as well as a number of other statutes.

The BSB Handbook contains the rules about how barristers must behave and work. Version 4.8 of the BSB Handbook came into force on the 21st May 2024.

This is hardly a punishment or deterrent by the Bar Standards Board. Where is the justice in this pathetic reprimand ?

Why was he not dealt with by the magistrates for contempt of court ?

•    setting the education and training requirements for becoming a barrister;
•    setting continuing training requirements to ensure that barristers’ skills are maintained throughout their careers;
•    setting standards of conduct for barristers;
•    authorising organisations that focus on advocacy, litigation, and specialist legal advice;
•    monitoring the service provided by barristers and the organisations we authorise to ensure they meet our requirements; and
•    considering reported concerns about barristers and the organisations we authorise and taking enforcement or other action where appropriate.

Bar Standards Board Responsibilities

Check out our articles on Barristers, Gavin Howe, Eleanor Battie, Direct Access Barristers, Inns of Court, Bar Standards Board, Bar Council, Law Society, Legal Services Board, Rule of Law, Lincoln’s Inn and the highly questionable Sussex Family Justice Board.

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Judiciary

Judicial Appointments and Conduct Ombudsman (JACO)

Judicial Appointments and Conduct Ombudsman JACO

The Judicial Appointments and Conduct Ombudsman (JACO) is a UK government organisation that provides an independent review of complaints about the conduct of judicial office holders and the judicial appointments process.

JACO works with the Ministry of Justice and can look into complaints about how investigating bodies have handled allegations of misconduct by judicial office holders, as well as complaints about the judicial appointments process1.

Here’s what JACO does:-

Judicial Conduct Complaints

If someone is not satisfied with how a complaint about a judge, magistrate, tribunal member, or coroner was handled, they can apply to JACO. The complaint must have already been considered by the Judicial Conduct Investigations Office, tribunal president, or magistrates’ advisory committee.

For judicial conduct investigations process complaints, the JACO are responsible for:

  • considering complaints about the judicial conduct investigations process
  • asking the Judicial Conduct Investigations Office, a tribunal president, or magistrates’ advisory committee to re-investigate a complaint where appropriate
  • recommending changes to procedure in order to prevent the same issue from happening again
  • proposing that compensation be paid if we believe that a complainant has suffered because of maladministration

JACO Judicial Conduct Complaint Form

Complete the JACO judicial conduct complaint form to ask the Judicial Appointments and Conduct Ombudsman to look into the handling of a complaint about judicial conduct.

Judicial Appointment Complaints

JACO also looks at how complaints about the judicial appointments process are handled.

For judicial appointment complaints, the JACO are responsible for:

JACO Judicial Appointment Complaint Form

Complete the JACO judicial appointment complaint form to ask the Judicial Appointments and Conduct Ombudsman to look into the handling of a complaint about judicial appointment.

Judicial Appointments and Conduct Ombudsman

The current Judicial Appointments and Conduct Ombudsman is Douglas Marshall. If you need to contact JACO, their email address is [email protected]

Office of the Judicial Appointments and Conduct Ombudsman
Postal Point 1.55
1st Floor, the Tower
102 petty France
London
SW1H 9AJ
United Kingdom

JACO Important Information

It’s important to note that JACO cannot help with a court or tribunal case, investigate a judicial office holder, or say whether their actions amount to misconduct. They also cannot reopen a court or tribunal case, review a judge’s decision, reprimand the office holder, remove them from office, or force anyone to pay compensation. However, they can recommend an apology, compensation for any loss suffered, or changes to the judicial complaint process.

JACO Decisions

The ombudsman’s decision is final and cannot be appealed against. For more detailed information, you can visit the official JACO website.

Check out our articles on HHJ Farquhar, HHJ Bedford and the highly questionable Sussex Family Justice Board.

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Judiciary

Senior President of Tribunals

Senior President of Tribunals Sir Keith Lindblom

The Senior President of Tribunals is the independent and statutory leader of the tribunal judiciary. The office of the Senior President of Tribunals is independent of both the Executive and the Chief Justices, and was established under the Tribunals Courts and Enforcement Act 2007.

The new Senior President of Tribunals, Sir James Dingemans, was sworn in, by the Lady Chief Justice, at a ceremony in the Royal Courts of Justice on the 2nd October 2025.

Just as the Lady Chief Justice heads the judiciary in England and Wales, the Senior President heads the tribunals judiciary, although his remit extends to Scotland and Northern Ireland depending on the jurisdiction concerned (Immigration and Asylum as well as Tax are UK-wide).

The Senior President of Tribunals provides leadership for around 5,000 office-holders., all those within the First-tier and Upper Tribunals and the Employment Tribunals. This includes all the Chamber Presidents and their Tribunal Judges and members, as well as those within Employment Tribunals in England and Wales and their Scottish counterpart, and the Employment Appeal Tribunal.

The Senior President has a number of statutory responsibilities. These include representing the views of tribunals judiciary to the Lord Chancellor, parliament and ministers.

Check out our related articles on Judiciary, Rule of Law, Open Justice, Is the Law Black and White ?, Abuse of Process, What Does Lady Justice Symbolise ?, McKenzie Friend, 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.

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Law Legal Analysis

Photography in Court

photography in court

Section 41 of the Criminal Justice Act 1925 (CJA 1925) makes it an offence to take any photograph, make or attempt to make any portrait or sketch of a justice or a witness in, or a party to, any proceedings before the court, either in the courtroom or its precincts. A court precinct are its buildings and land.

According to the CPS, the penalty on summary conviction is a fine not exceeding level 3 on the standard scale. A Level 3 fine is a maximum of £1,000 and is published on the Sentencing Council website. The CJA 1925, however only provides for a fine not exceeding £50.

(1) No person shall—

(a) take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or

(b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof;

and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.

Criminal Justice Act 1925 Section 41

The Criminal Justice Act 1925 comes into effect within the precinct of a Crown Court; whereas the Contempt of Court Act 1981 comes into effect on all other HMCTS sites.

The offence at s41 CJA 1925 can be charged as a criminal offence in accordance with the Director’s Guidance on Charging, or the underlying behaviour can be dealt with by the court as a contempt in accordance with the summary procedure at Rule 48.5 of the Criminal Procedure Rules – see R v D (Contempt of Court: Illegal Photography) [2004] EWCA Crim 1271, or on a later application to the High Court by the Attorney General.

If dealt with by summons or charge normal time limits apply. The decision whether to charge a criminal offence or to bring proceedings for contempt will depend on the facts of the case, including the gravity of the interference with the administration of justice.

In Solicitor General v Cox [2016] EWHC 1241 (QB) the Solicitor General brought proceedings for common law contempt in respect of photos and videos taken in court and posted online along with derogatory comments about the judge. The court found that both the taking and publication of the illegally taken images, accompanied by pejorative comments about a judge, amounted to contempt, in circumstances where the contemnor knew phones were banned and had acted in deliberate defiance of it. The court considered the gravity of the risks and of the interference with the due administration of justice in the case and held that proceedings for contempt, rather than prosecution of the criminal offence, were appropriate.

The case of Cox highlights the extent to which the use of social media can interfere with the administration of justice and the need to take appropriate action. Prosecutors should refer to the Criminal Practice Directions (CPD I General matters 6C. This clarifies the use which may be made of live text-based communications, such as mobile email, social media (including Twitter) and internet-enabled laptops in and from courts).

Where evidence exists of an offence contrary to s.41 CJA 1925 prosecutors should assist the court by reference to the above considerations. The court initially decides on whether action must be taken by application of the summary contempt procedure at Rule 48.5. In the magistrates’ court the summary contempt procedure must be completed that day – see Practice and Procedure below. If the court does not proceed in this manner a decision has to be made on whether to proceed by charge or to refer the matter to the Attorney General having regard to the gravity of the risks and interference with the due administration of justice in the case.

Two options

  1. If the offender is apprehended on the day and the court is sitting advise court that it can deal with it as a contempt of court there and then, using the summary procedure at Rule 48.5 above, or have the police decide whether to charge an offence contrary to s.41 Criminal Justice Act 1925. If a magistrates’ court decides to deal with it there and then it may receive an apology but cannot impose a sanction – see Rule 48.5 procedure above.
  2. If the court does not deal with it there and then the normal police investigation and charge procedure applies. The offence is at s41 Criminal Justice Act 1925. Penalty is a level 3 fine. AG consent is not required so police can charge. Prosecutors note – there is no need to contact AGO when this scenario occurs unless the risks and interference with the due administration of justice was particularly grave. See Solicitor General v Cox where particularly serious issue.
Photography in court – Crown Prosecution Service (CPS) Legal Guidance

Contempt of Court

Contempt of Court is conduct that denotes wilful defiance of, or disrespect towards the court, or that wilfully challenges or affronts the authority of the court or the supremacy of the law itself.

Photography Ban and the Crimes and Courts Act 2013 

According to The Law Society Gazette article Court photography ban under review in transparency drive written by Monidipa Fouzder and published on the 11th May 2023 :-

A ban imposed nearly 100 years ago on photography in courts could be lifted under ideas being floated by the government to make the justice system more transparent.

A call for evidence published by the Ministry of Justice today asks if the 1925 prohibition on photography and 1981 prohibition on sound recording remain fit for purpose.

The Crimes and Courts Act 2013 allows the ban to be disapplied in certain circumstances by secondary legislation. For instance, the Court of Appeal and Competition Appeal Tribunal can broadcast proceedings. The Crown court can broadcast sentencing remarks. The Supreme Court is excluded from the two bans because cases heard by the UK’s highest court, which was established in 2009, would have previously been heard in the House of Lords where broadcasting was allowed.

Court photography ban under review in transparency drive

Video of Crown Court and Court of Appeal Cases

The latest cases as captured by Sky News cameras in the Crown Court and Court of Appeal are published on the Sky News – Courts YouTube Channel.

Please be advised that the published videos by Sky News may contain graphic descriptions of serious crimes, including murder and sexual offences.

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Legal Analysis

What is Recusal ?

judge steps down recusal

Judges have a duty to act impartially and without bias. This duty is enshrined in common law principles and is essential for upholding the rule of law.

Recusal is an important ethical and legal principle in the justice system, designed to ensure that legal proceedings are conducted fairly and impartially, and that the rights of all parties are protected. It helps maintain public trust in the legal system and upholds the principles of justice and due process.

The basic principle is that a court or tribunal hearing a case must be impartial and that justice “should not only be done, but should manifestly and undoubtedly be seen to be done” R v Sussex Justices

Recusal is when a judge steps down (recuses) from hearing a case on the basis that it’s not appropriate for them to deal with it. They may have a conflict of interest or there might be actual, presumed or apparent bias against a party. There may also be a real possibility that a fair-minded observer would conclude that the judge should not try the case because they cannot be impartial.

A judge can decide to recuse themselves of their own volition, or a party can make an application for recusal. The application should be made at the beginning of any hearing or proceedings.

A Practical Law article RECUSAL OF JUDGES IN CIVIL LITIGATION is published on the 3 Paper Buildings (3PB) Chambers website.

Recusal-of-judges-1-w-034-0054Download

What is a conflict of interest ?

A conflict of interest (COI) refers to a situation in which a judge is involved in multiple interests or relationships, and these interests or relationships could potentially compromise their ability to make impartial or objective decisions. In such situations, there is a risk that personal or financial considerations may unduly influence a judge’s actions or decisions.

What is bias ?

“Bias is an attitude of mind that prevents the judge from making an objective determination of the issues that they have to resolve” Re Medicaments and Related Classes of Goods (No 2) [2001] 1 WLR 700, Para 37.

The University of Oxford Faculty of Law published Determining Bias: A survey of the law in the United Kingdom in January 2020

Following the decision of the Court of Appeal in In Re Medicaments and Related Classes of Goods (No 2) [2001] 1 WLR 700, the accepted test is that laid down in Porter v Magill [2001] UKHL 67, [2002] 2 AC 357, para 103: “whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased”……. The characteristics of the fair-minded and informed observer are now well understood: he must adopt a balanced approach and will be taken to be a reasonable member of the public, neither unduly complacent or naïve nor unduly cynical or suspicious.

R v. Abdroikof (Appellant) and another (On Appeal from the Court of Appeal (Criminal Division)

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