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Legal Analysis

CAFCASS – Children and Family Court Advisory and Support

Cafcass -Children and Family Court Advisory and Support Service

Cafcass stands for Children and Family Court Advisory and Support Service. Cafcass “independently advise the family courts about what is safe for children and in their best interests”

Cafcass has come under scrutiny in recent years due to a number of controversies and criticisms. One of the main criticisms has been utter incompetence, bias and the high caseloads faced by FCAs. This made it difficult for Cafcass to provide the level of support and attention needed by children and families.

Cafcass has a number of resources available on its website to help families understand the court process and their rights, including guides on child arrangements, parental responsibility, and adoption. Cafcass also provides a range of support services for children, including counselling and therapy.

Children and Family Court Advisory and Support Service and Family Court Reform

The research briefing Children and Family Court Advisory and Support Service and Family Court reform was published on the House of Commons Library website in advance of the Westminster Hall debate held on Wednesday 22nd March 2023.

Hansard which is the the official report of all Parliamentary debates, published the full transcript of the debate on the webpage Family Court Reform and CAFCASS Volume 730.

Family-Court-Reform-and-CAFCASS-2023-03-22Download

Cafcass and the Sussex Family Justice Board (SFJB)

Cafcass staff are listed as board member of the highly questionable Sussex Family Justice Website (SFJB), along with a number of Senior Sussex Judges including HHJ Bedford and HHJ Farquhar.

Is the Sussex Family Justice Board evidence of bias, secrecy and injustice rife within the judiciary, justice system and legal profession in the UK ?

About Cafcass

Cafcass represents children in family court cases in England. Cafcass independently advise the family courts about what is safe for children and in their best interests. Cafcass put their needs, wishes and feelings first, making sure that children’s voices are heard at the heart of the family court setting. Operating within the law set by Parliament (Criminal Justice and Court Services Act 2000) and under the rules and directions of the family courts, we are independent of the courts, social services, education and health authorities and all similar agencies.

Cafcass duty is to safeguard and promote the welfare of children going through the family justice system, supporting over 140,000 children every year by understanding their experiences and speaking up for them when the family court makes critical decisions about their futures.

Cafcass is the largest employer of qualified social workers in England and is deeply committed to making a positive difference to each child we support. We are proud that everyone working for Cafcass is united in improving the lives of children, families and carers.

Our experienced Family Court Advisers (FCA) may be asked by the court to work with families and then advise the court on what we consider to be the best interests of the children involved in three main areas:

  • divorce and separation, sometimes called ‘private law’, where parents or carers can’t agree on arrangements for their children
  • care proceedings, sometimes called ‘public law’, where social services have serious concerns about the safety or welfare of a child
  • adoption, which can be either public or private law.

Cafcass also actively work with our partners to identify solutions to help reduce the increasing pressures on the family courts and to improve the experiences and outcomes for children and families.

Cafcass About Us

History of Cafcass

The Children and Family Court Advisory and Support Service (Cafcass) was formed on 1 April 2001 as part of the Government’s commitment to supporting families and children.

It brought together the services previously provided by the Family Court Welfare Service, the Guardian ad Litem Services and the Children’s divisions of the Official Solicitor’s Office.

Cafcass is sponsored by the Ministry of Justice and is a non-departmental public body.

Cafcass History

Cafcass Annual report and accounts

Cafcass annual reports and accounts are laid before Parliament and show how Cafcass performed each year and how they spent their budget.

The Annual Report and Accounts 2021-22  were approved by the Cafcass Board in October 2022, subject to any changes from the National Audit Office (NAO). The accounts were signed off by the NAO on 12 December 2022.

Cafcass Annual Report FINAL-2021_22-DigitalDowNLOAD

Cafacss logo used under Copyright exception “Fair dealing for criticism, review or quotation.”

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

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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Judiciary

What is a Magistrate ?

what is a magistrate

In the United Kingdom, magistrates are volunteer judges who are appointed to serve in local courts. Magistrates are also known as justices of the peace (JP).

Magistrates hear a range of criminal and civil cases, and they are responsible for making decisions on whether a case should be heard by a higher court or not. In this article, we will explore the role of magistrates in the UK, their responsibilities, and how they are appointed.

History of Magistrates

The history of magistrates in the UK can be traced back to the 12th century when the first justices of the peace were appointed by King Henry II. These justices of the peace were responsible for keeping the peace and enforcing the law in their local communities.

Over time, the role of justices of the peace evolved, and they began to hear cases and make judgments in local courts. The modern magistrates’ court system can be traced back to the 19th century when the first modern magistrates’ court was established in Bow Street, London.

The creation of magistrates’ courts was part of a wider reform of the criminal justice system in the 19th century. Before this, the criminal justice system was based on a system of punishment and retribution, with little emphasis on rehabilitation or the rights of the accused.

The creation of magistrates’ courts marked a significant shift in the approach to criminal justice in the UK. The emphasis was now on rehabilitation and addressing the root causes of criminal behavior, rather than simply punishing offenders.

Magistrates were initially appointed by local justices of the peace, but in 1919, the responsibility for appointing magistrates was transferred to the Lord Chancellor.

Despite the changes in the role of magistrates over the years, their fundamental principles remain the same. They are volunteers who serve their local community and uphold the law in a fair and impartial manner.

The Role of Magistrates

Magistrates are responsible for hearing cases in the magistrates’ court, which is the lowest tier of the court system in the UK. They are also responsible for making decisions on whether a case should be sent to a higher court, such as the Crown Court. Magistrates’ courts deal with around 95% of all criminal cases in England and Wales.

Magistrates’ duties vary from deciding whether a defendant should be granted bail to deciding whether a defendant is guilty or not guilty of a criminal offence. They also have the power to impose sentences, such as fines, community service orders, and prison sentences of up to six months.

Magistrates also hear civil cases, such as disputes over unpaid debts, and family cases, such as child custody and adoption. In these cases, magistrates are responsible for making decisions on issues such as child custody arrangements, financial support, and visitation rights.

How to become a Magistrate ?

Before you can apply to become a magistrate, you must visit your local court or research how family courts work to prepare for your application.

You must visit a criminal court at least twice in the 12 months before you apply. You’ll be asked about this in your application.

Find your nearest court. The court will tell you when to visit and which courtrooms to see.

Research how family courts work (*)

You cannot visit a family court because these cases are heard in private. To prepare for your application, you must research what it’s like working as a family court magistrate.

Prepare for your application

When you apply you’ll be asked to give examples to show that you can:

  • understand and appreciate different perspectives
  • communicate with sensitivity and respect
  • work and engage with people professionally
  • make fair, impartial and transparent decisions
  • show self-awareness and be open to learning

You also need to provide 2 references. If you’re employed, one of them must be from your employer. They cannot be a relative or someone you live with.

How to apply online

Visit the magistrates website to find a role in your area and apply.

If your application is successful, you’ll be invited to an interview.

If there are no roles available near you

You can register your interest. You’ll get an email when a role in your area is available.

Become a magistrate gov.uk

(*) Unsurprisingly the gov.uk website is out of date and this statement is untrue.

Open justice is a fundamental principle in our courts and tribunals system, and will continue to be as we increase the use of audio and video technology.

Requests from the media and others to observe a hearing remotely In The County Court and The Family Court at Brighton should be made direct to: [email protected] or by calling 0300 1235577. Arrangements will then be made to enable you to attend.

Family Courts and Open Justice / Brighton County Court Courtserve

The Appointment of Magistrates

Magistrates are appointed by the Lord Chancellor, who is the UK government’s Minister of Justice. Magistrates are not required to have any legal qualifications, but they must be over 18 years old and under 70 years old. They must also have no criminal convictions.

Magistrates are selected by local advisory committees, which are made up of people from the local community. These committees are responsible for assessing candidates’ suitability for the role and making recommendations to the Lord Chancellor. The Lord Chancellor then appoints the successful candidates.

Magistrates are appointed for a period of five years and can be reappointed for another five years. Magistrates are volunteers and are not paid for their work. However, they are reimbursed for their expenses, such as travel costs and subsistence.

Training for Magistrates

Magistrates receive training before they take up their role, which includes classroom-based training and on-the-job training. The training covers areas such as court procedures, legal principles, and sentencing guidelines.

Magistrates also receive ongoing training throughout their term of office to ensure that they are up to date with changes in the law and court procedures.

Diversity among Magistrates

There has been criticism in the past that magistrates are not representative of the communities they serve, with concerns that they are predominantly white, middle-class, and elderly. In recent years, efforts have been made to address this issue, with initiatives to encourage a more diverse range of people to become magistrates.

The Judicial Diversity Committee was established in 2010 to promote diversity in the judiciary, including magistrates. The committee’s aim is to encourage more women, ethnic minorities, and people with disabilities to apply for judicial positions.

In 2019, the Ministry of Justice launched a campaign to encourage more young people to become magistrates. The campaign highlighted the benefits of becoming a magistrate, such as gaining new skills, meeting new people, and contributing to the community.

Magistrates play a crucial role in the UK’s justice system, ensuring that justice is administered fairly and efficiently at the local level. They are appointed based on their suitability, and they receive training to ensure that they are able to carry out their duties effectively. Efforts are being made to encourage a more diverse range of people to become magistrates, to ensure that the magistrates are more representative of the communities they serve.

Magistrates provide a valuable service to their local community by hearing cases and making decisions that affect the lives of individuals. Their role is an important one and is essential in ensuring that the justice system is accessible to all.

For more information on the role of magistrates in the UK, the following websites may be useful:

  1. The Magistrates Association – https://www.magistrates-association.org.uk/ The Magistrates Association is a membership organization that represents magistrates in England and Wales. They provide support, training, and guidance to magistrates, and they also work to promote the role of magistrates in the justice system.
  2. Her Majesty’s Courts and Tribunals Service – https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service Her Majesty’s Courts and Tribunals Service is responsible for the administration of the courts and tribunals in England and Wales. Their website provides information on the different types of courts and tribunals, including magistrates’ courts.
  3. Judicial Appointments Commission – https://judicialappointments.gov.uk/ The Judicial Appointments Commission is responsible for selecting and appointing judges in England and Wales, including magistrates. Their website provides information on the appointment process, as well as guidance for potential candidates.

Check out our related articles on Chief Magistrate, Dodgy Magistrates, Judiciary, Complain About a Magistrate, 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.

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

Privacy and Electronic Communications Regulations (PECR)

pecr cookies and privacy

The General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR) are two sets of rules that govern data protection and electronic marketing communications in the UK.

PECR was introduced in 2003 and updated in 2011, while GDPR came into effect in 2018, replacing the Data Protection Act 1998.

Their full title of PECR is The Privacy and Electronic Communications (EC Directive) Regulations 2003 which is derived from European law. PECR implement European Directive 2002/58/EC, also known as ‘the e-privacy Directive’.

The Information Commissioner’s Office (ICO) publish a Guide to Privacy and Electronic Communications Regulations.

Consent and opt-in

One of the key principles of both GDPR and PECR is that marketers must obtain the consent of individuals before processing their personal data or sending them electronic marketing messages. This means that individuals must actively opt-in to receive marketing messages and must be given the opportunity to easily opt-out of receiving future messages. Examples of electronic marketing messages include emails, text messages, and direct messages on social media platforms.

Cookies and online tracking

Both GDPR and PECR govern the use of cookies and other tracking technologies on websites. Websites must obtain consent from users before placing cookies on their devices, except in cases where the cookies are strictly necessary for the functioning of the website. The regulations also require website owners to provide clear and comprehensive information about the types of cookies used on their sites and their purposes.

There are two exemptions which apply where:

  • the cookie is for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or
  • the cookie is strictly necessary to provide an ‘information society service’ (eg a service over the internet) requested by the subscriber or user. Note that it must be essential to fulfil their request – cookies that are helpful or convenient but not essential, or that are only essential for your own purposes, will still require consent.

Direct marketing

Direct marketing is a type of marketing that involves sending messages directly to individuals, such as through email or direct mail. GDPR and PECR require that individuals are given the opportunity to opt-out of receiving direct marketing messages, and that marketers must stop sending messages to individuals who have opted-out. The regulations also prohibit the use of pre-ticked boxes or other forms of consent that are automatically applied to individuals.

Complaints

The concerns section of the ICO website contains more information on when and how individuals can report their concerns to the ICO.

If someone complains about your electronic marketing (eg spam calls or texts), cookies or other privacy issues regarding electronic communications, we will record and review their concerns, and we may investigate your compliance with PECR. If we decide it is likely you have failed to comply with PECR or other data protection legislation, we may ask you to take steps to remedy this and avoid similar complaints in future. If appropriate, we may decide to take enforcement action.

Guide to PECR ICO

Enforcement and penalties

Both GDPR and PECR are enforced in the UK by the Information Commissioner’s Office (ICO). The ICO has the power to investigate and take enforcement action against organisations that breach the regulations, including imposing fines and other penalties.

In 2021, the ICO fined British Airways and Marriott International for breaching GDPR, with fines of £20m and £18.4m respectively.

GDPR and PECR are important sets of regulations that govern data protection and electronic marketing communications in the UK.

Marketers must obtain the consent of individuals before processing their personal data or sending them marketing messages, provide clear and comprehensive information about the use of cookies on their websites, and give individuals the opportunity to opt-out of receiving direct marketing messages.

Failure to comply with GDPR and PECR can result in significant fines and other penalties, so it is essential for organizations to ensure they are following the regulations carefully.

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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Categories
Legal Analysis

What is a Contract ?

what is a contract

Contracts are are used to establish legally binding agreements between parties which can written or oral. Contracts can be simply described as a promise enforceable by law.

In the UK, contracts are governed by the common law, which is a body of law that is derived from judicial decisions rather than legislation.

This article will provide an overview of contracts and contract law in the UK, including the key elements of a contract, the types of contracts, and the remedies available for breach of contract.

Elements of a Contract

There are four essential elements of a contract in UK law: offer, acceptance, consideration, and intention to create legal relations.

  1. An offer is a proposal made by one party to another party that is capable of acceptance. The offer must be sufficiently clear and definite so that the other party can understand what is being offered.
  2. Acceptance is the unqualified agreement to the terms of an offer. The acceptance must be communicated to the offeror and must be made in the manner specified in the offer, or in a reasonable manner if no manner is specified
  3. Consideration is something of value that is given in exchange for something else. The consideration must be something that the parties have agreed to exchange and must be sufficient, but need not be adequate. In other words, the consideration must be of some value, but it does not have to be of equal value to the other party’s consideration.
  4. In order for a contract to be enforceable, both parties must intend to create legal relations. This means that the parties must have a serious intention to be bound by the contract and that the agreement is not merely a social or domestic arrangement.

Types of Contracts

There are many different types of contracts that can be formed in the UK. Some of the most common types of contracts include:

  1. Express contracts are contracts that are formed by the express agreement of the parties. This means that the terms of the contract are explicitly stated either in writing or orally.
  2. Implied contracts are contracts that are formed by the conduct of the parties rather than by their express agreement. In other words, the parties’ actions indicate that they have agreed to certain terms.
  3. Unilateral contracts are contracts in which one party makes a promise in exchange for the other party’s performance. The contract is formed when the second party performs the requested act.
  4. Bilateral contracts are contracts in which both parties make promises to each other. The contract is formed when both parties have made their promises.
  5. Void contracts are contracts that are not enforceable by law. These contracts may be illegal, impossible to perform, or the result of a mistake or fraud.
  6. Voidable contracts are contracts that are valid, but may be avoided by one or both parties. These contracts may be avoided because of a mistake, misrepresentation, undue influence, or duress.

What is an Unfair Contract ?

An unfair contract is a contract that contains terms and conditions that are deemed to be unjust, unreasonable, or unconscionable. These terms may provide one party with an unfair advantage over the other or impose burdens or restrictions on one party that are significantly disproportionate to the benefits received.

Unfair contracts can take many forms and can be found in a variety of contexts, including consumer contracts, employment contracts, and commercial contracts. Examples of unfair contract terms might include clauses that:

  • Limit liability for one party while providing no such protection for the other
  • Grant one party the right to terminate the contract without cause or notice, while denying the same right to the other party
  • Give one party the exclusive right to make decisions or take actions that affect both parties
  • Provide for automatic renewals or extensions of the contract without sufficient notice or opportunity to terminate
  • Require one party to waive certain legal rights or remedies in exchange for entering into the contract

The exact criteria for what constitutes an unfair contract may vary. In general, however, an unfair contract is one that places one party at a significant disadvantage and is not the result of a freely negotiated agreement between the parties.

Remedies for Breach of Contract

If one party breaches a contract, the other party may have legal remedies available to them. Some of the most common remedies for breach of contract include:

  1. Damages are a monetary award that is intended to compensate the non-breaching party for the loss suffered as a result of the breach.
  2. Specific performance is a court order that requires the breaching party to fulfil their obligations under the contract.
  3. An injunction is a court order that prohibits the breaching party from doing something that would cause harm to the non-breaching party.
  4. Rescission is the cancellation of the contract and the parties are put back into the position in which they were before the contract was made.. This remedy is available when one or both parties have been induced to enter into the contract by fraud or mistake.

Contracts and contract law are complex topics that require careful consideration and attention to detail. By understanding the elements of a contract, types of contracts, and remedies for breach of contract, businesses and individuals can protect their interests and ensure that they operate in compliance with UK law.

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

Check out our articles on  What is the Law ?, R v Sussex Justices, Rule of Law, Litigants in Person, McKenzie Friends, HHJ Farquhar, HHJ Bedford and the highly dubious Sussex Family Justice Board.

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

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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
Law

What is the Law ?

what is law

The law is a fundamental aspect of any society, and the United Kingdom is no exception.

The law governs our everyday lives, providing a framework for behaviour and a means to resolve disputes. But what exactly is law in the UK ?

‘If you think the criminal courts are dysfunctional, take a look at the family court system. Just a giant money tree for the lawyers.’

Chris Daw KC

Sources of UK Law

The UK legal system is based on common law, which means that laws are created through court decisions as well as through legislation. The main sources of UK law are:

  1. Statute law – Statute law is law that is created by Parliament through Acts of Parliament. These laws are written down and apply to everyone in the UK. Statute law can only be changed or repealed by Parliament. Examples of statutory law include the Human Rights Act 1998, the Equality Act 2010, and the Accessories and Abettors Act 1861.
  2. Common law – Common law is law that is created through court decisions. Judges use precedents (previous court decisions) to decide cases, and these decisions then become part of the law. Common law can be changed or overridden by statute law. Examples of common law include the principles of negligence and tort law.
  3. European Union law – The UK was a member of the European Union until 2020, and during that time, EU law had an impact on UK law. EU law includes regulations, directives, and decisions, and it takes precedence over UK law. Examples of EU law include the General Data Protection Regulation (GDPR), the Working Time Directive, and the Environmental Liability Directive.
  4. International law – International law is the set of rules and principles that govern relations between states. The UK is bound by international treaties and agreements, and international law can also be used to interpret UK law. Examples of international law include the Universal Declaration of Human Rights, the Geneva Conventions, and the United Nations Convention on the Rights of the Child.

Principles of UK Law

There are several key principles that underpin UK law. These include:

  1. The Rule of Law – This principle means that everyone is subject to the law, including the government. The law is applied fairly and equally to everyone, and no one is above the law. The rule of law ensures that the legal system is fair, predictable, and consistent.
  2. Parliamentary Sovereignty – This principle means that Parliament is the supreme law-making authority in the UK. Parliament can make or unmake any law, and no other body can override or challenge its decisions. This principle gives Parliament significant power over the legal system and ensures that the law reflects the will of the people.
  3. Separation of Powers – This principle means that the UK government is divided into three branches: the executive, the legislature, and the judiciary. Each branch has its own powers and responsibilities, and they act as a check on each other to prevent any one branch from becoming too powerful.
  4. Human Rights – The UK is bound by various international human rights treaties and agreements, including the European Convention on Human Rights. These treaties and agreements provide legal protection for fundamental human rights such as freedom of speech, freedom of religion, and the right to a fair trial.

Structure of UK Law

The UK legal system is hierarchical, with different courts having different levels of authority. The highest court in the UK is the Supreme Court, which is the final court of appeal for all civil and criminal cases in the UK. Below the Supreme Court are the Court of Appeal, the High Court, and various lower courts such as the Magistrates’ Court and the Crown Court.

In conclusion, the law is an essential aspect of UK society, providing a framework for behaviour and a means to resolve disputes.

UK law is based on common law and statutory law, and it is underpinned by principles such as the rule of law, parliamentary sovereignty, separation of powers, and human rights.

The UK legal system is hierarchical, with different courts having different levels of authority, and the Supreme Court being the final court of appeal.

Check out our related articles on Rule of Law, Open Justice, Is the Law Black and White ?, Branches of Law, 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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Law

Accessories and Abettors Act 1861

Accessories and Abettors Act 1861

This Accessories and Abettors Act 1861 was introduced to clarify the legal position of those who assist, encourage, or facilitate the commission of a crime. It is therefore a piece of legislation that has had a significant impact on criminal law in England and Wales.

Could a Senior Financial Remedy Judge such as HHJ Farquhar, whilst sitting in Private, have committed a criminal offence under Section 3 of Accessories and Abettors Act 1861 by “encouraging and turning a blind eye” to an allegation of fraud ?

The Rule of Law is clear that “no one is above the law”.

Prior to the introduction of this Act, the law surrounding accomplices was unclear and inconsistent.

The Accessories and Abettors Act 1861 aimed to address this by providing a clear and consistent framework for dealing with those who aid or encourage the commission of a crime.

The Act consists of three sections, each dealing with a different aspect of criminal liability.

Section 1 deals with those who aid, abet, counsel or procure the commission of an offence. This section makes it an offence to aid, abet, counsel or procure the commission of an offence, even if the person who aids or encourages the offence does not actually commit the offence themselves.

Section 2 of the Act deals with those who are present at the scene of a crime and who help the person who has committed the offence to escape punishment. This section makes it an offence to assist a person who has committed an offence to avoid arrest, trial or punishment.

Section 3 of the Act deals with those who receive, relieve, comfort or assist a person who has committed an offence, knowing that person to be guilty of that offence. This section makes it an offence to help someone who has committed a crime to evade justice.

Accessories and Abettors Act 1861Download

The Accessories and Abettors Act 1861 has been used in a wide range of criminal cases, from minor offences such as shoplifting to more serious crimes such as murder. It has proved to be a useful tool for prosecutors, allowing them to hold not only the principal offender but also those who aided or encouraged the offence to account.

In recent years, the Act has been used in cases involving cybercrime and terrorism. For example, in 2015, a man was charged under Section 1 of the Act for providing material support to ISIS. In this case, the man was not directly involved in any terrorist activities himself, but he was found to have provided financial and logistical support to those who were.

While the Accessories and Abettors Act 1861 has been a useful tool for prosecutors, it is not without its critics. Some have argued that the Act is too broad and can be used to prosecute individuals who had only a minor role in a crime.

Others have argued that the Act is outdated and in need of reform to take into account modern technology and the changing nature of criminal activity.

In conclusion, the Accessories and Abettors Act 1861 has been an important piece of legislation in the development of criminal law in England and Wales.

Its clear and consistent framework for dealing with accomplices has helped to ensure that those who aid or encourage the commission of a crime can be held accountable for their actions. However, as with any piece of legislation, there is always room for debate and discussion about its effectiveness and potential for reform.

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

Oldest Legislation that is still in use today ?

Oldest Legislation

Here are the 25 oldest pieces of UK legislation, in chronological order, that are still in use today :-

  1. Statute of Marlborough 1267: This statute established the common law in England, including the principle of due process, the right to a fair trial, and the requirement that legal disputes be resolved by a jury.
  2. Magna Carta 1297: This historic document established the principle of the rule of law and limited the power of the monarch by granting certain rights and freedoms to the people.
  3. Statute of Westminster 1275: This statute set out the legal procedure for bringing criminal charges and introduced the concept of “treason” as a criminal offense.
  4. Quia Emptores 1290: This statute regulated the sale of land and established the principle of subinfeudation, which allowed tenants to sublet or sell their land.
  5. Statute of Gloucester 1278: This statute set out the legal procedure for bringing civil claims and established the principle of “trial by jury.”
  6. De Donis Conditionalibus 1285: This statute established the concept of “fee tail” in property law, which allowed landowners to restrict the inheritance of their property.
  7. Statute of Quo Warranto 1290: This statute regulated the granting of royal charters and established the principle that all franchises and liberties should be granted by the king or his representative.
  8. Westminster II 1285: This statute regulated the use of the writ of “novel disseisin,” which allowed a landowner to recover property that had been taken by force.
  9. Statute of Winchester 1285: This statute established the principle of “hue and cry,” which required all citizens to assist in the capture of criminals and the maintenance of law and order.
  10. Articuli Super Chartas 1300: This statute confirmed the rights and privileges granted in Magna Carta and established the principle that the king was subject to the law.
  11. The Charter of the Forest 1217: This historic document granted certain rights and freedoms to the people, including the right to use the royal forests for grazing and hunting.
  12. The Charter of Liberties 1100: This historic document granted certain rights and freedoms to the people, including the right to a fair trial and protection from arbitrary imprisonment.
  13. The Assize of Clarendon 1166: This law established the principle of “trial by jury” and regulated the legal procedure for criminal trials.
  14. The Statute of Mortmain 1279: This statute regulated the transfer of land to the church and limited the ability of religious orders to acquire land.
  15. The Statute of Westminster II 1285: This statute established the principle of “trial by jury” in civil cases and regulated the use of the writ of “novel disseisin.”
  16. The Statute of Merton 1235: This statute regulated the use of “common land” and established the principle that landowners could enclose their land.
  17. The Statute of Marlborough 1267: This statute established the principle of “trial by jury” and regulated the legal procedure for civil trials.
  18. The Statute of Westminster III 1354: This statute established the principle of “due process” and granted certain rights to accused persons, including the right to a fair trial.
  19. The Statute of Westminster I 1275: This statute regulated the legal procedure for criminal trials and introduced the concept of “treason” as a criminal offense.
  20. The Statute of Gloucester 1278: This statute established the principle of “trial by jury” and regulated the legal procedure for civil trials.
  21. The Statute of Quia Emptores 1290: This statute regulated the sale of land and limited the ability of tenants to sublet or sell their land.
  22. The Statute of Winchester 1285: This statute regulated the maintenance of law and order and established the principle of “hue and cry.”
  23. The Statute of Northampton 1328: This statute regulated the use of force by constables and established the principle that individuals had the right to protect themselves and their property.
  24. The Statute of Westminster I 1275 (Second enactment): This statute regulated the legal procedure for civil trials and established the principle of “trial by jury.”
  25. The Statute of Treasons 1351: This statute established the concept of “high treason” as a criminal offense and regulated the legal procedure for treason trials.

It is worth noting that while these laws are still technically in use, many have been amended or repealed over the centuries, and their relevance in modern legal practice is limited.

If you wish to learn more about these laws or access their full text, you can search for them on the official UK legislation website.

What is an Act of Parliament ?

An Act of Parliament creates a new law or changes an existing law. An Act is a Bill that has been approved by both the House of Commons and the House of Lords and been given Royal Assent by the Monarch. Taken together, Acts of Parliament make up what is known as Statute Law in the UK.

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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The Privy Council

the privy council united kingdom

The Privy Council is an institution that has played an important role in the governance of many countries throughout history.

Its origins can be traced back to the medieval period when it was established as a group of trusted advisors to the monarch.

Over time, the role and composition of the Privy Council have changed, but it remains an important institution today.

History of the Privy Council

The origins of the Privy Council can be traced back to the 13th century when it was established as a group of advisors to the English monarch. Its role was to provide advice on matters of state, and its membership was made up of senior nobles and bishops.

Over time, the Privy Council’s role expanded, and it became involved in the administration of justice and the governance of the country.

During the Tudor period, the Privy Council played an important role in the governance of England. It was responsible for enforcing royal policy, managing the economy, and overseeing the administration of justice. The Privy Council also had the power to make laws, and its decisions were binding.

In the 17th century, the Privy Council’s role changed once again. With the rise of Parliament, its power was reduced, and it became more of a ceremonial institution. However, it remained an important symbol of the monarch’s authority and continued to play a role in the governance of the country.

In the 19th century, the Privy Council’s role changed once again. With the growth of the British Empire, the Privy Council became responsible for overseeing the administration of justice in the colonies. It established the Judicial Committee of the Privy Council, which became the final court of appeal for many countries in the Commonwealth.

The Privy Council Today

Today, the Privy Council remains an important institution in many Commonwealth countries. Its role varies from country to country, but it continues to provide advice to the monarch and play a role in the governance of the country.

“These days, however, the Privy Council is simply the mechanism through which interdepartmental agreement is reached on those items of Government business which, for historical or other reasons, fall to Ministers as Privy Counsellors rather than as Departmental Ministers.

Although members of the Privy Council are appointed for life, only Ministers of the current Government participate in its day-to-day business and they are accountable to Parliament for all matters conducted through the Privy Council. The Ministerial head of the Privy Council Office is the Lord President of the Council.

Privy Council business falls into two main categories:

  • Prerogative business – where there is no legislation allocating the responsibility to a particular Minister, the Privy Council provides a mechanism for Ministerial advice to The King, since constitutionally The King acts only on such advice.
  • Statutory business – where an Act of Parliament has given order making powers to either the The King in Council (Orders in Council) or the Privy Council (Orders of Council).

“Prerogative” business taken through the Privy Council means, almost exclusively these days, the affairs of Chartered bodies; the 1000 or so institutions, charities and companies who are incorporated by Royal Charter. Most other historical prerogative powers have been taken over by Parliament, and the Privy Council is not involved for example in declarations of war or the prerogative of mercy.

The Privy Council also has an important part to play in respect of certain statutory regulatory bodies covering a number of professions including health, and in the world of higher education.

Orders “in” and “of” Council are no different from other forms of delegated legislation. Where they are statutory they will usually involve a Parliamentary procedure. Where they are prerogative they will usually be of no particular public interest, other than to the bodies to which they refer.

The details of its past meetings are published on the Privy Council website, along with all Orders “in”, and Orders “of”, Council.

The Rt Hon Penny Mordaunt was appointed as Lord President of the Council in September 2022.“

The Privy Council

Origins of the Word Privy

The word “privy” comes from the Latin word “privatus,” which means “private.” In medieval times, a privy council was a group of advisors who were chosen by the monarch to provide private counsel.

The word “privy” also has a connection to the word “privacy,” which suggests that the council’s discussions were confidential and private.

There is also the noun privy which is an outdoor toilet, typically a small shed with a bench with a hole over a pit.

The word “privy” as a toilet can be traced back to Middle English, where it was originally used to refer to a private room or chamber. Over time, the term came to be associated specifically with a small, enclosed room that was used as a toilet.

In medieval times, people often used chamber pots or simply relieved themselves in the open air. But as cities grew more crowded and sanitation became a concern, some households began to construct small, enclosed rooms that could be used as a private toilet. These rooms were often located in a separate building outside the main house, and they were known as “privies.”

As indoor plumbing became more common in the 19th and 20th centuries, the use of outdoor privies declined. However, the term “privy” has persisted as a somewhat old-fashioned way of referring to an outdoor toilet or outhouse.

The Full Title of the Privy Council

The full title of the Privy Council is the “Most Honourable Privy Council.” This title reflects the council’s importance and status as a symbol of the monarch’s authority.

The Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council (JCPC) is an important institution that has played a key role in the administration of justice in many Commonwealth countries. It was established in the 19th century to provide a final court of appeal for the colonies.

The Judicial Committee is made up of judges who are appointed by the monarch on the advice of the Prime Minister. Its decisions are binding and cannot be appealed, and it has the power to hear cases from any country in the Commonwealth.

Today, the Judicial Committee continues to hear cases from many Commonwealth countries, including Canada, Australia, and New Zealand. Its decisions have played an important role in the development of the law in these countries.

Commonwealth Countries and the Privy Council

The Privy Council continues to play a role in the governance of many Commonwealth countries. Its role varies from country to country, but it remains an important institution in many places.

In the United Kingdom, the Privy Council provides advice to the monarch on matters of state, and its members are appointed by the monarch on the advice of the Prime Minister. The Privy Council also has the power to make laws, and its decisions are binding.

In Canada, the Privy Council is a group of advisors to the Governor General, who acts as the King’s representative. Its role is to provide advice on matters of state, and its members are appointed by the Governor General on the advice of the Prime Minister.

In Australia, the Privy Council no longer plays a role in the governance of the country. In 1986, the country abolished appeals to the Privy Council and established the High Court of Australia as the final court of appeal.

In New Zealand, the Privy Council was the final court of appeal until 2004 when the country established the Supreme Court of New Zealand. Today, the Privy Council no longer plays a role in the governance of New Zealand.

In many other Commonwealth countries, the Privy Council continues to play a role in the administration of justice. Its decisions have had a significant impact on the development of the law in these countries, and its role as a symbol of the monarch’s authority remains an important part of their constitutional systems.

The Privy Council is an institution that has played an important role in the governance of many countries throughout history. Its origins can be traced back to the medieval period, and it has evolved over time to reflect changing political and social conditions.

Today, the Privy Council remains an important institution in many Commonwealth countries, providing advice to the monarch and playing a role in the administration of justice.

Its role varies from country to country, but it remains an important symbol of the monarch’s authority and a key part of the constitutional system.

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 Professionals

1 Crown Office Row Barrister Chambers (1COR)

1 crown office row barrister chambers

1 Crown Office Row Barrister Chambers was founded in 1935 and has been operating for over 85 years. One Crown Office Row has built a reputation as one of the leading sets of barristers in the UK. 1 Crown Office Row (1COR) Barrister Chambers have offices based in London and Brighton Sussex UK.

On the 1COR history page on their website, they claim

“No fewer than 16 former members have been appointed as judges of the High Court and above, with Lord Woolf being appointed a Law Lord, Lord Chief Justice and Master of the Rolls and both Lord Justice Watkins and Lord Justice Latham being appointed Deputy Lord Chief Justice. Numerous members have been appointed to positions on the circuit bench and in the County Court.”

The 1 Crown Office Row Barrister Chambers (1COR) website states :-

“1COR is one of the best common law sets of chambers at the Bar. It has strength-in-depth and all of its members are intellectually out of the top-drawer.”

1 Crown Office Row Barrister Chambers London 1COR

“1 Crown Office Row members provide expert legal counsel and representation with clerks offering first class service to our a diverse client base.”

1 Crown Office Row Barrister Chambers Brighton Sussex 1COR

“Save time and money on legal services with a Direct Access Barrister. Our Direct Access Clerks are waiting to assist you. They will happily recommend which Direct Access Barrister is best placed to help you.”

1COR Direct – Direct Access 1 Crown Office Row Barristers

1 Crown Office Row London Office

1 Crown Office Row
Temple
London
EC4Y 7HH

Tel: 020 7797 7500
Email: [email protected]

1 Crown Office Row Brighton Office

1 Crown Office Row
119 Church Street
Brighton
BN1 1UD

Tel: 01273 625 625
Email: [email protected]

1COR Direct Barristers London

1 Crown Office Row
Temple
London
EC4Y 7HH

Phone: 020 7797 7500
Email: [email protected]

1 COR Direct Barristers Brighton

1 Crown Office Row
119 Church Street
Brighton
BN1 1UD

Phone: 01273 81 00 11
Email : [email protected]

Check out our article on the highly questionable Sussex Family Justice Board.

Read our review of Gavin Howe Barrister and Eleanor Battie Barrister who are both based at the 1 Crown Office Row Barrister Chambers (1COR) in Brighton Sussex.

This page is not sponsored by 1 Crown Office Row (1COR) Barrister Chambers / 1COR Direct / Gavin Howe / Eleanor Battie nor is it an endorsement of 1 Crown Office Row (1COR) Barrister Chambers / 1 COR Direct / Gavin Howe / Eleanor Battie.

The photo featured in this article is of Rev D A C Barnes DD (RIP) which was taken on the 24th November 2022 outside the offices of 1 Crown Office Row Barrister Chambers (1COR) in Brighton Sussex. Rev Barnes was not a barrister.

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

Equality Act 2010

law and justice equality

The Equality Act 2010 is a piece of legislation in the UK that was introduced to provide a comprehensive framework for tackling discrimination and promoting equality.

The Act was introduced on the1st October 2010 and replaced previous anti-discrimination laws, such as the Race Relations Act and the Disability Discrimination Act.

The Act covers a wide range of areas, including access to goods and services, employment, and schools and education.

Its provisions are designed to ensure that everyone has equal opportunities and is treated fairly, regardless of their protected characteristics.

Protected Characteristics

The Equality Act 2010 outlines nine protected characteristics that are protected by law. These characteristics are:

  1. Age
  2. Disability
  3. Gender reassignment
  4. Marriage and civil partnership
  5. Pregnancy and maternity
  6. Race
  7. Religion or belief
  8. Sex
  9. Sexual orientation

These characteristics are protected by law, which means that it is illegal to discriminate against someone based on any of these characteristics.

Discrimination can take many forms, including direct discrimination, indirect discrimination, harassment, victimisation, and failure to make reasonable adjustments.

Understanding the Protected Characteristics

Age

Age discrimination occurs when someone is treated unfairly because of their age. This can include refusing to hire someone because they are too old or too young, or treating someone differently because of their age.

Disability

Disability discrimination occurs when someone is treated unfairly because of a physical or mental disability. This can include things like refusing to make reasonable adjustments to accommodate someone’s disability or treating someone differently because of their disability.

Gender Reassignment

Gender reassignment discrimination occurs when someone is treated unfairly because they are transitioning or have transitioned from one gender to another.

Marriage and Civil Partnership

Marriage and civil partnership discrimination occurs when someone is treated unfairly because they are married or in a civil partnership.

Pregnancy and Maternity:

Pregnancy and maternity discrimination occurs when someone is treated unfairly because they are pregnant, have given birth, or are on maternity leave.

Race

Race discrimination occurs when someone is treated unfairly because of their race or ethnicity. This can include things like racial slurs, jokes, and offensive comments.

Religion or Belief:

Religion or belief discrimination occurs when someone is treated unfairly because of their religion or belief system. This can include things like refusing to hire someone because of their religion or treating someone differently because of their beliefs.

Sex

Sex discrimination occurs when someone is treated unfairly because of their sex. This can include things like paying women less than men for the same work or refusing to hire someone because of their gender.

Sexual Orientation

Sexual orientation discrimination occurs when someone is treated unfairly because of their sexual orientation. This can include things like refusing to serve someone in a restaurant because of their sexual orientation or treating someone differently because of their sexual orientation.

Public Sector Equality Duty

The Equality Act 2010 also introduced a public sector equality duty, which requires public authorities to promote equality and eliminate discrimination in their policies and practices. This duty applies to all public authorities, including government departments, local councils, and the NHS.

Under the public sector equality duty, public authorities must:

  • Eliminate discrimination, harassment, and victimisation.
  • Advance equality of opportunity.
  • Foster good relations between different groups.

Public authorities must also publish equality objectives and gather data on the diversity of their workforce and service users.

The Equality Act 2010 is an important piece of legislation that is designed to promote equality and protect individuals from discrimination.

Its provisions cover a wide range of areas, including access to goods and services, employment, and education, and it outlines nine protected characteristics that are protected by law.

By ensuring that everyone has equal opportunities and is treated fairly, the Act helps to create a more inclusive society where everyone can thrive. The Act also includes the public sector equality duty, which requires public authorities to promote equality and eliminate discrimination in their policies and practices.

If you feel that you have experienced discrimination based on any of the protected characteristics outlined in the Equality Act 2010, there are several resources available to you.

The Equality and Human Rights Commission (EHRC) is an independent body that is responsible for promoting and enforcing equality and human rights laws in the UK. They provide information and guidance on discrimination and can also take legal action against individuals or organizations who violate the Equality Act.

You can also seek advice and support from organisations that specialise in supporting individuals who have experienced discrimination. Some examples include:

  • The Citizens Advice Bureau: Provides free and confidential advice on a wide range of issues, including discrimination.
  • Stonewall: A charity that works to promote equality for lesbian, gay, bi, trans, queer, questioning and ace (LGBTQ+) people
  • Disability Rights UK: A charity that provides support and information for disabled people.
  • Equality and Employment Law Centre is a not-for-profit, specialist provider of employment law, discrimination and HR advice and services.

In conclusion, the Equality Act 2010 is an essential piece of legislation that protects individuals from discrimination and promotes equality.

By understanding the protected characteristics and the provisions of the Act, we can all work towards creating a more inclusive and equal society.

Equality Act 2010Download
Equality Act 2010 Correction SlipDownload

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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