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Law Legal Analysis

GDPR and Subject Access Requests

gdpr and rights of access (sar)

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

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

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

Key Features of the Data Protection Act 2018

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

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

How the Data Protection Act relates to the GDPR

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

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

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

Data Protection Officer (DPO)

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

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

Rights of Access – Subject Access Request

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

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

How to make a Subject Access Report (SAR)

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

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

Make a data protection complaint to an organisation

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

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

To make a complaint you must follow the steps below:

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

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

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

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

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

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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Free Speech Law Legal Analysis

Domain Names and Freedom of Expression

Freedom of Expression

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

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

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

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

I am told suspension is “Something you are just going to have to live with”.

Freedom of expression

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

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

Article 10 of the Human Rights Act

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

MOI domains

btppolice.uk
ci5.uk
cityoflondonpolice.uk
cjsm.uk
cpsgov.uk
hampshirepolice.uk
hertspolice.uk
judges.uk
justice.me.uk
met-police.uk
mi5gov.uk
mi6gov.uk
ministryofinjustice.co.uk
ministryofinjustice.com
ministryofinjustice.uk
moi.me.uk
ncagov.uk
pdspolice.uk
roguelawyer.co.uk
royalcourtsofjustice.co.uk
royalcourtsofjustice.uk
unlawful.co.uk
sisgov.uk
sussexpolice.uk
sussex-police.uk
thesecretbarrister.co.uk
west-midlands-police.uk

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

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

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

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

List of .gov.uk domain names

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

List of .gov.uk domain names as of 13th January 2025

For some reason this list was not updated in 2024 ?

Domain Squatting and Cyber Security ?

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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Legal Analysis

You Can Leave Your Hat On at Horsham County Court

horsham county court hats on security

On the 4th July 2023 at 9.30am a McKenzie Friend and I went through “strict” airport style security at Horsham County Court in Hurst Rd, Horsham RH12 2ET.

Horsham County Court Entrance

Pockets were emptied into a tray and my laptop bag was searched by a Security guard using a torch taped to a ruler. Very unusual apparatus operated by a security guard in a shirt that was once white !

Horsham County Court Security and Staff Smoking Area

At least he and the other security guards were displaying their SIA badges as required by law under Section 9 of the Private Security Industry Act 2001.

One of the Security guards was obviously under pressure to secure the Court building as he was regularly going outside for a smoke !

Hats on Security at Horsham County Court

Inadvertently I left my Eurostar hat on (as pictured) and I wore it during the security screening including going through the airport style metal detector.

At no time was I asked to remove the hat nor was it scanned using the handheld scanner. The CCTV from the Court building, if working, would confirm this. I could request this footage from the Court by submitting a Subject Access Request.

The article Going through security at a court or tribunal building is published on the gov.uk website and explains the security when you enter a court or tribunal building.

You’ll go through a security check, like you would at an airport. This may include:

  • emptying your pockets into a tray
  • taking off your shoes, coat, gloves or hat
  • being asked to take off or open your belt
  • walking through an archway detector
  • being checked by hand or with a handheld scanner

If you’re wearing a head covering for religious or cultural reasons, you can ask for it to be checked with a handheld scanner so you do not have to take it off.

Going Through Security – gov.uk

The guidance says “may” which is a little odd.

In my opinion, the Security staff at Horsham County Court failed to do their job properly. I do not think a Eurostar hat could ever be classed as a head covering for religious or cultural reasons !

At Horsham County Court it seems that you can leave your hat on !

Horsham County Court Royal Coat of Arms

Horsham County Court Literature

There were a number of leaflet holders in the waiting area that were empty apart from a leaflet about “Restorative Justice For You” and one containing a Mars Bar Wrapper that has been there for at least 3 months !

“Restorative Justice For You” mentions the Sussex Criminal Justice Board.

Restorative Justice For You – Sussex Criminal Justice Board

Are the Sussex Criminal Justice Board as dodgy as the Sussex Family Justice Board ? The MOI will be investigating for a future article.

Horsham County Court Security Review

Horsham County Court Security staff made regular security patrols which was very reassuring. I am aware there were VIP’s in the building including my mentor DDJ Mills !

They used a phone to scan targets that were a circle with a cross hand drawn with a black sharpie on a Tipp-Ex background. Improvisation that rivals the skills of MacGyver.

I couldn’t help but notice that there was a lot of network cables in trunking attached to the ceiling that were secured with red cable ties. This is assumed to be for a secure network, however there were gaps in the trunking and the cables were exposed where they entered the wall. No doubt the Ministry of Justice/HMCTS IT will want to review this as a security risk.

In summary :-

  • Horsham Security should review their Airport Style security. Can you leave your hat on ?
  • Improve the appearance of their security staff.
  • Horsham Court staff or the Ministry of Justice/HMCTS should review their smoking policy on Court premises.
  • MoJ/HMCTS IT to review the secure cabling.

I will back to Horsham County Court in October 2023 to review again.

You may be interested in the article about the Royal Courts of Justice which explains Court security and spoons !

Check out our articles on R v Sussex Justices, Dodgy Judges, HHJ Farquhar, HHJ Bedford, Can you Criticise a Judge ? 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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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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Police

His Majestys Inspectorate of Constabulary and Fire and Rescue Services

HMICFRS

His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) independently assesses and reports, in the public interest, on the effectiveness and efficiency of police forces and fire & rescue services.

“Promoting improvements in policing and fire & rescue services to make everyone safer”

HMICFRS ask the questions that they believe the public wish to have answered, and publish their findings, conclusions and recommendations. HMICFRS use their expertise to interpret the evidence and make recommendations for improvement.

Police and crime commissioners are required to publish their comments on each HMICFRS report within 56 days of its publication, and must include an explanation of the steps to be taken in response to each HMICFRS recommendation or an explanation of why no action has been or is to be taken in that respect.

HMICFRS Powers

HMICFRS provide authoritative information to allow the public to compare the performance of their police force and fire & rescue service against others. HMICFRS also routinely monitor the performance of police forces in England and Wales.

HMICFRS inspects across England, Wales and Northern Ireland.

HMICFRS also inspect law enforcement arrangements in British Overseas Territories and Crown Dependencies, on invitation from the relevant government, as well as non-territorial services, specialist agencies and international police forces.

Read the latest HMICFRS inspection of Sussex Police and the Met Police.

History of HMICFRS

For over 160 years, His Majesty’s Inspectorate of Constabulary (HMIC) independently inspected and reported on the efficiency and effectiveness of police forces.

On the 150th anniversary of HMIC in July 2006, a book The History of Her Majesty’s Inspectorate of Constabulary, The First 150 Years was produced.

In the summer of 2017 HMIC took on the inspections of England’s fire and rescue services, inspecting and reporting on their efficiency, effectiveness and people.

To reflect this new role, HMIC changed their name to HM Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS).

Public Interest

HMICFRS Police Inspections :-

HMICFRS’s annual inspection programme and framework for police forces in England and Wales is subject to the approval of the Home Secretary under the Police Act 1996.

The Home Secretary may also require HMICFRS to carry out further inspections of police forces, beyond the terms of the annual inspection programme. Local policing bodies may commission HMICFRS to do inspections in their force areas, although HMICFRS is not required to accept any such commission.

In devising its policing inspection programme and framework for the Home Secretary’s approval, HMICFRS considers the risks to the public, service quality, public concerns, the operating environment, the effect which inspection may have on a force, and the benefits to the public of improvements which may follow inspection.

HMICFRS may also carry out inspections of police forces on its own initiative if it considers that the performance or circumstances of a force merit it.

HMICFRS Public Interest

HMICFRS Fire & rescue service inspections :-

The Fire and Rescue Services Act 2004 provides that HMICFRS will inspect and report on the efficiency and effectiveness of fire & rescue authorities in England.

HMICFRS’s inspection programme and framework for fire and rescue authorities in England is subject to the approval of the Home Secretary.

The Home Secretary may also require HMICFRS to carry out further inspections of any or all fire and rescue services in England.

In its inspections, HMICFRS focuses on the efficiency and effectiveness of each English fire and rescue authority and how well it looks after its people. HMICFRS may also on its own initiative carry out an inspection not in its inspection programme and framework if it considers that the performance or circumstances of the fire and rescue authority merit it.

HMICFRS Public Interest

HMICFRS Powers

HMICFRS is an inspectorate, not a regulator. Inspectorates have powers to secure information, but no powers to give orders for change. Recommendations are not orders.

Regulators, on the other hand, have powers of intervention, direction and enforcement.

It is for chief constables (whose operational independence is a cornerstone of British policing), police and crime commissioners (with powers to set local priorities and budgets) and, in extreme cases, the Home Secretary (who has ultimate democratic responsibility for policing) to take action as a result of HMICFRS’s recommendations. The same applies to the fire & rescue service itself, and the fire & rescue authorities.

HMICFRS Powers

Recent HMICFRS Publications

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Check out our articles on Sussex Police, What is Policing by Consent, Two Tier Policing, Wasting Police Time 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.

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Legal Analysis

Do You Have to Bow to a Judge ?

Bow to a Judge

The Royal Coat of Arms appear in every courtroom in England and Wales (with the exception of the Magistrates’ court in the City of London*), to demonstrate that justice comes from the monarch and that a law court is part of the Royal Court.

The presence of the Royal Arms explains why lawyers and court officials bow to the judge or magistrates’ bench when they enter the room. They aren’t bowing to the judge – they are bowing to the coat of arms, to show respect for the King’s justice.

Traditions of the courts judiciary.uk

According to the HM Courts & Tribunals Service article What to expect coming to a court or tribunal :-

You may see some people bow to the judge or magistrate when they walk in or out of the hearing room. You don’t have to do this, but you can if you want to.

What to expect coming to a court or tribunal HMCTS

It’s interesting that HMCTS think that “people” are bowing to the judge or magistrate when this is clearly wrong according the judiciary !

In answer the question Do You Have to Bow to a Judge ? :-

No you do not have to bow to a Judge.

Check out our articles on HHJ Farquhar, HHJ Bedford, Dodgy Judges, Can you Criticise a Judge ?, Etiquette and Manners in Court 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.

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Judiciary

Lord Chief Justice

lord chief justice

The Lord Chief Justice is the most senior judge in England and Wales, and is responsible for the administration of justice. Since the 1st October 2023 Dame Sue Carr is the first Lady Chief Justice of England and Wales.

The role of The Lord 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 Lord Chief Justice plays a significant role in upholding the rule of law in England and Wales.

The Lord Chief Justice is also President of all the Courts of England and Wales. The Lord 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 Lord 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.
Lord Chief Justice Courts and Tribunals Judiciary

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

History of the Lord 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.

Former Lord Chief Justice

The former Lord Chief Justice of England and Wales is Ian Duncan Burnett, who has held the position since October 2017.

Ian Burnett was called The Lord Chief Justice of England and Wales – The Right Honourable Lord Burnett of Maldon. In Court he is addressed as My Lord.

Lord Burnett studied law at Pembroke College, Oxford and was called to the Bar in 1980 where he became a pupil and then a member of Temple Garden Chambers. He practised there until May 2008, for the last five years as Head of Chambers.

At the Bar Lord Burnett’s practice was in common law and public law. In the early part of his career he undertook a broad range of common law work including personal injury, professional negligence, landlord and tenant, crime and family law. Thereafter he focussed on public and administrative law, personal injury and health and safety law, including acting as junior counsel to the King’s Cross Fire inquiry and to the inquiry into the convictions of the Guildford Four and Maguire family. He was leading counsel to the inquiry into the Southall rail crash and into train protection systems following the Paddington train crash.

Lord Burnett was Junior Counsel for the Crown, Common Law from 1992 and was appointed as Queen’s Counsel (now King’s Counsel) in 1998.

Lord Burnett’s first judicial role came on his appointment as a Recorder in 1998, in which capacity he sat part-time in the Crown Court trying criminal cases. On his appointment to the High Court in 2008 Lord Burnett joined the Queen’s Bench Division (now King’s Bench Division) hearing civil law and public law cases in the Administrative Court as well as hearing serious criminal matters out of London and sitting in the Court of Appeal, Criminal Division.

Lord Burnett was Presiding Judge of the Western Circuit from 2011 until 2014 when he was appointed to the Court of Appeal. He was also Deputy Chairman of the Security Vetting Appeals Panel. In the Court of Appeal Lord Burnett heard the full range of civil, family and criminal appeals and continued to sit in Divisional Courts of the High Court. Lord Burnett was the judge of the Court of Appeal with responsibility for extradition cases and was also supervising Lord Justice for immigration and public law appeals. He was Vice Chairman of the independent Judicial Appointments Commission from November 2015 until March 2017. He was appointed Lord Chief Justice of England and Wales on 1 October 2017 at the age of 59.

Judiciary UK – Lord Chief Justice of England and Wales – The Right Honourable Lord Burnett of Maldon

As Lord Chief Justice, Lord Burnett was responsible for overseeing the administration of justice in England and Wales, and for ensuring that the legal system operates fairly and efficiently. He also played 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 Lord Chief Justice, Burnett also served as a member of the Privy Council. He is widely respected for his legal expertise and his commitment to upholding the rule of law, and is regarded as one of the most influential legal figures in the UK today.

Lord Chief Justice Vacancy January 2023

The Judicial Appointments Commission published the following on the 16th January 2023 (updated 1 February 2023)

The Lord Chancellor has asked the Judicial Appointments Commission (JAC) to convene a selection panel to recommend a candidate to fill the position of Lord Chief Justice of England and Wales.

The exercise launched on 30 January 2023, and anyone interested in making an application should contact the JAC’s Head of Senior Appointments and panel secretary, Lisa Grant, for further information on the eligibility and selection criteria and details of the documentation required to make an application. Candidates must submit a “Notice of Intent” to apply for the role by close of 6 February 2023.

Once we receive confirmation of a candidate’s “Notice of Intent” we will provide them with the relevant application forms and details of the required written submission.  This part of the process will close on 6 March 2023. Interviews are expected to take place on 21 April 2023.

The role is complex, high profile and demanding, requiring a judge and leader of the highest calibre.  Applications are welcome from talented individuals of all backgrounds

If you are interested in making an application and you think you have the requisite evidence to do so, please send an email to [email protected] in order to request an information pack.

All enquiries are dealt with in the strictest confidence.

A copy of the candidate information pack can be downloaded here:
A copy of the “Notice of intent to apply” form can be downloaded here:

Lord Chief Justice Vacancy Judicial Appointments Commission

Appointment and Selection Process

The appointment of the Lord 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

Conclusion

The Lord 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 Lord 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 Lord 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 Lord Chief Justice is an impartial figure, who must make decisions based solely on the evidence presented in court. This means that the Lord 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 Lord Chief Justice is to oversee the development of the law. The Lord 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 Lord 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 Lord 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.

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

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Law Legal Analysis

What is a Kangaroo Court ?

kangaroo court

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

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

Serafin v Malkiewicz and others [2020] UKSC 23

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a) Deliberately misleading the House

b) Deliberately misleading the Committee

c) Breaching confidence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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Legal Analysis

Sent an Email to the Wrong Person ?

email to the wrong person

In a world which relies so heavily on email, mistakes such as sending an email to the wrong person can and often happen.

Sending an email containing personal information to the wrong person could constitute a data breach according to GDPR. Personal data is defined within Article 4(1) GDPR 2018 as being “any information relating to an identified or identifiable natural person”.

GDPR applies to any organisation that operates within the UK, as well as international organisations that provide goods and services to the UK.

You may be interested in the article Can you Email a Judge ? and The High Court Judge that never was – His Honour Judge Melbourne Inman KC !

Misdirected Email

The Information Commissioner’s Office (ICO) have published the article Common data protection mistakes (and how to fix them) and list sending an email to the wrong person as a common mistake.

An email sent to the wrong recipient is also known as a misaddressed email or a misdirected email.

This is easy to do, especially if more than one person in your address book has the same name.

Tools like Autofill predict who you’re emailing when you start typing someone’s name in the ‘To’ field. It’s a quick way to go through your address book. But the few seconds you save by using Autofill could end up costing you a lot more if you send personal data to the wrong person by mistake.

Sending an email to the wrong person

The ICO publish, in my opinion, minimal guidance on what to do to fix this :-

Act quickly. Try to recall the email as soon as possible. If you can’t recall it, contact the person who received it and ask them to delete it. In the future, consider turning off the Autofill tool when sending work emails.

Fix It – Sending an email to the wrong person

In addition to the guidance from the ICO, you should as the sender of the email, immediately contact the Data Protection Officer (DPO) in your organisation so they can assess the data breach and report it to the ICO if necessary.

The ICO has a search page which makes it easy to find organisations and people registered with the Information Commissioner’s Office (ICO) under the Data Protection Act 2018.

Example ICO search results – East Sussex County Council

If you have received an email in error that contains personal information that you suspect may be in breach of GDPR, you may wish to contact the senders DPO as well as the ICO to report the Personal Data Breach (PDB).

What is the 72 Hour Rule ?

Part 3 of the Data Protection Act 2018 introduced a duty on all organisations to report certain types of personal data breach to the Information Commissioner. This must be done within 72 hours of becoming aware of the breach, where this is possible.

The ICO have published the article 72 hours – how to respond to a personal data breach which details the 7 steps to be taken :-

  • Step one: Don’t panic
  • Step two: Start the timer
  • Step three: Find out what’s happened
  • Step four: Try to contain the breach
  • Step five: Assess the risk
  • Step six: If necessary, act to protect those affected
  • Step seven: Submit your report (if needed)

What is a Personal Data Breach

A personal data breach is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This means that a breach is more than just losing personal data.

What is Personal Data ?

Personal data is defined within Article 4(1) GDPR 2018 as being “any information relating to an identified or identifiable natural person”.

The ICO publish the article What is personal information: a guide along with another article What is personal data? which goes into more detail.

What breaches need to be reported to the ICO?

You are legally obliged to notify the ICO of a data breach if it is likely to result in a risk to the rights and freedoms of individuals. If the data breach is left unaddressed would the data breach have a significant detrimental effect on individuals ?

For example:

  • result in discrimination;
  • damage to reputation;
  • financial loss; or
  • loss of confidentiality or any other significant economic or social disadvantage.

In more serious cases, for example those involving victims and witnesses, a personal data breach may cause more significant detrimental effects on individuals.

You have to assess this on a case by case basis and you need to be able to justify your decision to report a breach to the Information Commissioner.  

Personal data breaches – ICO

Review and Remediation

Following the incident, a thorough internal review should be conducted to identify the root cause and implement measures to prevent future occurrences. This may include training, implementing additional security measures, improving data handling protocols, or enhancing email verification systems.

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

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Law

Malicious Communications Act 1988

legislation

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

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

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

The act was also amended in 2020 and 2022.

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

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

The CPS publish guidance Social Media and other Electronic Communications

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

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

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

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

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

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

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

Check out our related articles on Rule of Law, Open Justice, 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.

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Police

State of Policing Report 2022 and the Loss of Public Trust

HMICFRS

In the first annual assessment of policing in England and Wales, Andy Cooke QPM DL who is His Majesty’s Chief Inspector of Constabulary, has called for major reform, including new legal powers for the inspectors of constabulary.

Andy Cooke has described widespread and systemic failures in both the police and criminal justice system, both of which threaten to damage further the public’s trust in police.

  • the police need to prioritise the issues that matter most to the public;
  • forces are failing to get the basics right in investigation and responding to the public, and they need to concentrate on effective neighbourhood policing; and
  • critical elements of the police service’s leadership and workforce arrangements need substantial reform, such as more scrutiny on vetting and recruitment processes, including for chief officers.

The police are experiencing one of their biggest crises in living memory. I can’t recall a time when the relationship between the police and the public was more strained than it is now.

The public’s trust and confidence are unacceptably low. The fundamental principle of policing by consent, upon which the service is built, is at risk.

Andy Cooke – His Majesty’s Chief Inspector of Constabulary

His Majesty’s Chief Inspector of Constabulary has called for definitive action to be taken to address these failings, instead of “glossy strategies and mission statements” that do not bring about lasting change.

The HMICFRS report State of Policing – The annual assessment of Policing in England and Wales 2022 was published on the 9th June 2023.

State of Policing 2022 HMICFRSDownload REPORT

“I was a police officer for 36 years before I took this job. I am in no doubt of the dedication, bravery and commitment of the vast majority of police officers and staff. But there are clear and systemic failings throughout the police service in England and Wales and, thanks to a series of dreadful scandals, public trust in the police is hanging by a thread.

“I am calling for substantial reform to give the inspectors of constabulary more power to ensure we are able to do everything necessary to help police forces improve. Over the years, we have repeatedly called for change. There are only so many times we can say the same thing in different words – it is now time for the Government to bring in new legislation to strengthen our recommendations.

“Change needs to start at the top. Chief constables and police and crime commissioners need to do more to make sure their forces are efficient and to get a grip on their priorities. The police are not there to be the first port of call for people in mental health crisis or to uphold social justice. They are there to uphold the law.

“Forces need to show professionalism, get the basics right when it comes to investigating crime, and respond properly when someone dials 999. This is what matters most to the communities they serve and this is the way forward for the police to regain the public’s trust. The fundamental principle of policing by consent, upon which our police service is built, is at risk – and it is past time to act.”

Andy Cooke – His Majesty’s Chief Inspector of Constabulary

The then Home Secretary The Rt Hon Suella Braverman KC MP published the following statement on Twitter :-

Statement from the Home Secretary in response to HMICFRS Annual Report 2022

You may be interested in our articles His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS), What is a Police and Crime Commissioner and a Police and Crime Panel ?, Met Police, Sussex Police, Chief Constable Jo Shiner Sussex Police, It’s the Law, What is Policing by Consent ?, Wasting Police Time, 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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Rule of Law - Open Justice - Policing By Consent