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Public Interest Immunity

Public Interest Immunity

Public Interest Immunity (PII) enable UK police forces to withhold sensitive information from disclosure in legal proceedings when its release would harm the public interest.

Rooted in common law and refined by cases like Conway v Rimmer (1968), Public Interest Immunity balances the need for fair trials with the protection of critical public interests, such as informant safety or national security.

Governed by the Criminal Procedure and Investigations Act 1996 (CPIA) in criminal cases, Public Interest Immunity is frequently invoked by the UK police to safeguard operational integrity.

What is Public Interest Immunity ?

  • Definition: Public Interest Immunity permits the non-disclosure of documents or information in court if revealing them would damage the public interest (e.g., national security, public safety, or police operations) more than withholding them would affect justice.
  • Legal Basis: Rooted in cases like Conway v Rimmer (1968), which replaced the older “Crown Privilege” term. Governed by the Criminal Procedure and Investigations Act 1996 (CPIA) for criminal cases and civil procedure rules for other matters.
  • Court Oversight: Courts decide Public Interest Immunity claims through a “balancing exercise,” weighing disclosure’s benefit to justice against potential harm. Judges may review materials in camera (privately).

Police Use of Public Interest Immunity

UK police forces commonly invoke Public Interest Immunity to protect:

  • Informant Identities: To safeguard covert human intelligence sources (CHIS) whose exposure could endanger lives or deter future cooperation (e.g., in organized crime or terrorism cases).
  • Operational Methods: Details of surveillance, undercover tactics, or intelligence-gathering to prevent criminals from adapting.
  • National Security: Information linked to counter-terrorism or sensitive investigations, as seen in cases like R v Yam (2008), where parts of a trial were held in secret to protect MI5/MI6 sources.
  • Examples:
    • In terrorism trials, police may withhold intelligence reports to avoid compromising ongoing operations.
    • During the Matrix Churchill case (1990s), PII misuse to conceal arms export details led to the Scott Inquiry, prompting reforms for transparency.

In the UK, police forces submit a Public Interest Immunity (PII) claim to withhold sensitive information from disclosure in legal proceedings when its release would harm the public interest (e.g., compromising informant safety, police operations, or national security).

The process is governed by the Criminal Procedure and Investigations Act 1996 (CPIA) for criminal cases and civil procedure rules for other matters.

Police Criminal intelligence reports are disseminated on a 5 x 5 x 5 Information Intelligence Report Form and explicitly mention Public Interest Immunity.

“A Risk Assessment Form ‘C’ will be required in respect of the information concerned and that if it is subsequently used in court, an application for Public Interest Immunity will be sought.”

College of Policing – How to Complete a 5x5x5 Form and Relevant Supplements

Criminal Procedure and Investigations Act 1996 and Public Interest Immunity

CPIA Section 3 – Primary Disclosure

  • This section requires the prosecution (often working with the police) to disclose to the defence any material that might reasonably undermine the prosecution’s case or assist the defence.
  • Relevance to PII: Police must review all material gathered during an investigation. If material meets the disclosure test but is sensitive (e.g., informant identities or surveillance methods), they may consider a PII claim to withhold it.

CPIA Section 7A – Continuing Duty of Disclosure

  • This imposes an ongoing obligation on the prosecution to review and disclose relevant material throughout the proceedings.
  • Relevance to PII: If new sensitive material emerges (e.g., additional intelligence), police can initiate a PII claim at any stage, ensuring continuous assessment of public interest concerns.

CPIA Section 8 – Defence Application for Disclosure

  • Allows the defence to apply to the court for disclosure of material they believe was wrongly withheld.
  • Relevance to PII: If police claim PII, the defence can challenge it, prompting a judicial review of the claim, often in camera, to assess whether withholding is justified.

CPIA Section 14 -Public Interest Immunity Applications

  • This section specifically addresses PII, allowing the prosecution (or police via the CPS) to apply to the court to withhold material on public interest grounds.
  • Key Process: The police submit a PII application, often with a certificate or submission detailing the harm of disclosure (e.g., risk to informants or national security). The court conducts a balancing exercise, weighing public interest in non-disclosure against fair trial rights.

Criminal Procedure and Investigations Act Code of Practice

The CPIA Code of Practice is critical for police handling of sensitive material:

  • Paragraph 2.1: Defines sensitive material as that which, if disclosed, could harm the public interest (e.g., compromising national security, informant safety, or police operations).
  • Paragraph 6.12–6.14: Requires police to list sensitive material on a separate “sensitive schedule” (MG6D form) and notify the CPS if PII is sought. Examples include:
    • Identities of covert human intelligence sources (CHIS).
    • Details of surveillance or undercover tactics.
    • National security-related intelligence.
  • The CPS then applies for PII under Section 14, with police providing supporting evidence (e.g., a PII certificate or submission).

How do the Police Submit a Public Interest Immunity (PII) Claim ?

  1. Identify Sensitive Material:
    • During an investigation or case preparation, police identify documents or information (e.g., informant identities, surveillance methods, intelligence reports) that, if disclosed, could harm the public interest.
    • This typically arises under the CPIA, which requires police to disclose material that might assist the defense or undermine the prosecution unless PII applies.
  2. Assess Public Interest Harm:
    • Senior officers (e.g., a detective inspector or above) or the Crown Prosecution Service (CPS) evaluate the material to determine if disclosure would:
      • Endanger lives (e.g., informants or undercover officers).
      • Compromise ongoing investigations or operational tactics.
      • Harm national security or public safety.
    • The harm must be specific and substantial, not speculative, per cases like R v H and C (2004).
  3. Prepare the PII Application:
    • Documentation: Police compile the sensitive material and prepare a detailed justification, often in a PII certificate or written submission. This outlines:
      • The nature of the material (e.g., informant details, surveillance logs).
      • The specific public interest harm if disclosed.
      • Why alternatives (e.g., redaction, summaries) are insufficient.
    • Involvement of Senior Officials: In high-stakes cases (e.g., terrorism or national security), a minister (typically the Home Secretary) may sign the PII certificate, though police or CPS often initiate claims.
    • The application distinguishes between “contents” claims (entire document withheld) and “class” claims (category of documents, e.g., all intelligence reports, withheld).
  4. Notify the Court:
    • The police or CPS inform the court of the PII claim, usually before trial or during pre-trial disclosure hearings.
    • This is done ex parte (without the defense present) to avoid revealing the sensitive material. However, the court may later allow defense input in a limited capacity.
  5. Submit to Judicial Review:
    • The police provide the sensitive material to the court for in camera review (private examination by the judge).
    • The judge conducts a balancing exercise, weighing:
      • The public interest in non-disclosure (e.g., protecting informants).
      • The public interest in a fair trial (e.g., defense access to relevant evidence).
    • The court may request additional details from the police or CPS to justify the claim.
  6. Court Decision:
    • The judge rules on the PII claim:
      • Upheld: The material is withheld entirely or partially (e.g., redacted versions disclosed).
      • Partially Upheld: Summaries or anonymized versions may be provided to the defense.
      • Rejected: The police must disclose the material, or the prosecution may drop the case if disclosure is deemed too damaging.
    • Courts follow guidelines from cases like R v Chief Constable of West Midlands Police, ex parte Wiley (1994), ensuring claims are not “lightly made.”
  7. Safeguards and Alternatives:
    • Police may propose alternatives to full non-disclosure, such as:
      • Redacting sensitive parts (e.g., names, locations).
      • Providing gist statements summarizing the material without compromising details.
    • In rare cases, special advocates (security-cleared lawyers) represent the defense’s interests in closed hearings, especially in national security cases.

Challenges and Criticisms

While PII is vital for police operations, it faces significant scrutiny. Critics argue it can undermine fair trials by restricting defence access to potentially exculpatory evidence, as highlighted in R v H and C (2004) which set stricter scrutiny standards.

The Scott Inquiry (1996), following the Matrix Churchill case, exposed PII misuse to conceal government errors, prompting reforms for transparency. Police must justify claims specifically, avoiding blanket assertions, and courts are vigilant to prevent abuse, such as hiding misconduct.

The tension between operational secrecy and open justice remains a contentious issue, with ongoing debates about proportionality and oversight.

Check out our related articles on Rule of Law, Open Justice, What is Law, 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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Criminal Justice Law Legal Professionals Police

What is the Criminal Justice Secure eMail (CJSM) System ?

Criminal Justice Secure eMail (CJSM) System

The Criminal Justice Secure eMail (CJSM) is a secure group email service available to any justice organisation or practitioner that needs to send or receive sensitive information.

A typical CJSM secure email address might have the format [email protected].

CJSM has been in operation for over 20 years and enables information up to the “OFFICIAL” and “OFFICIAL-SENSITIVE” classification levels to be communicated between assured organisations, both in the public and private sector, such as the Crown Prosecution Service, victim support organisations, the police, probation, legal representatives, healthcare, private prisons and others.

The CJSM (Criminal Justice Secure eMail) service has over 660,000 users, 8,000+ organisations and handles over 50 million messages annually across the UK justice system.

It also offers:

  • a direct connection to central government departments, police and NHS
  • an onboarding and assurance process to provide high levels of security
  • the most complete directory of justice professionals
  • administration tools so organisations can manage their own users
  • a dedicated helpdesk
CJSM – Secure, seamless communication across the justice community

As of the 1st October 2025, Egress Software Technologies (often referred to as Egress Systems or Egress) continues to run the Criminal Justice Secure Mail (CJSM) service for the Ministry of Justice.

Egress have managed the platform since taking over from Vodafone in 2019 and they handle operational delivery, support, and integrations for secure communications in the UK criminal justice system.

It is believed that the Criminal Justice Secure Mail (CJSM) service relies on a combination of proprietary and standard software components including the open source Haraka SMTP Server. The MoJ tender reveals that the existing CJSM service is hosted on MS Azure and hosted mailboxes are on Dovecot.

CJSM used to publish a number of useful guides for the Criminal Justice Secure Mail (CJSM) service. Webmail quick reference guide, Multi-factor authentication guide, CJSM Defend guide and CJSM Website Enhancements 2025 were removed in February 2026

The Ministry of Justice maintains an open microsite for CJSM at: https://github.com/ministryofjustice/cjsm

  • This repo includes various guides/documents under the /training or /downloads folders

You can contact the CJSM Helpdesk on 020 7604 5598. Lines are open every weekday 8am-7pm. Or email [email protected]

The Judiciary of England and Wales use Microsoft 365 for email. Can you Email a Judge ?

How to Get a CJSM Account ?

To obtain a Criminal Justice Secure Mail (CJSM) account, you must be part of an organization involved in the UK criminal justice system, as the service is not available to the general public. You can request access at the CJSM website at https://cjsm.net.

The CJSM application was rejected for the Ministry of Injustice so I setup my own CJSM email address [email protected]

If you have arrived at the Ministry of Injustice from https://cjsm.uk (MOI domain) you may well have been looking for https://cjsm.net which is the official website for The Criminal Justice Secure eMail (CJSM).

Is CJSM Secure ?

The Criminal Justice Secure Mail (CJSM) service is designed to be secure for its intended purpose, transmitting sensitive information up to the “OFFICIAL” and “OFFICIAL-SENSITIVE” classification levels within the UK criminal justice system.

However, its security has been debated due to historical issues and the evolving nature of cyber threats.

Security Strengths
  • End-to-End Encryption: CJSM uses dedicated servers to encrypt emails and attachments (up to 10MB) between registered users, ensuring data confidentiality during transmission. This aligns with UK government standards for handling sensitive justice-related data.
  • Multi-Factor Authentication (MFA): Access to the CJSM portal requires MFA, reducing the risk of unauthorized logins.
  • Restricted Access: Only approved organizations (e.g., police, courts, legal firms) can register, with strict vetting processes. This limits exposure to external threats.
  • Operational Oversight by Egress: Since Egress took over in 2019, they’ve addressed some legacy vulnerabilities (e.g., outdated protocols like RC4 and SSLv3 used under Vodafone). Egress’s expertise in secure email and compliance with ISO 27001 and Cyber Essentials Plus bolsters trust.
  • No Major Breaches Reported: Despite past concerns, no significant data breaches have been publicly documented, indicating functional security for its scope.
  • Policy Safeguards: CJSM prohibits storing emails on unapproved cloud services and restricts overseas access, minimizing data leakage risks.
Historical Security Issues (Pre-2019)

When Vodafone managed CJSM, security flaws were flagged in 2015, raising concerns that persist in discussions about the system’s legacy:

  • Outdated Encryption: Reliance on RC4 (a weak cipher) and SSLv2/SSLv3 protocols, vulnerable to attacks like POODLE.
  • Weak Certificates: Use of a self-signed 1024-bit RSA key, inadequate for modern standards.
  • Poor SSL/TLS Rating: An “F” grade from SSL Labs due to insecure cipher suites, prompting some organizations to block CJSM traffic.
  • Audit Gaps: Ineffective penetration testing failed to address these vulnerabilities promptly. While Egress has likely mitigated these (e.g., upgrading to stronger TLS protocols), specific technical details post-2019 are not publicly disclosed, as is typical for government systems.

Tender and the Transition to Cross Justice Secure Mail (CJSM Replacement)

While Egress operates the current CJSM, the UK Ministry of Justice (MoJ) is actively procuring a new system called Cross Justice Secure Mail to replace it. This upgrade aims to modernise secure email, file encryption and disaster recovery across justice partners.

The tender for Cross Justice Secure Mail (CJSM), the replacement for the existing Criminal Justice Secure Mail (CJSM) service, was issued by the UK Ministry of Justice (MoJ).

It aims to procure a modernized secure email, file encryption, and disaster recovery platform to support over 500,000 users across the criminal justice system in England, Wales, Scotland, and Northern Ireland.

The procurement follows a selective restricted procedure under the Procurement Act 2023, with submissions via the MoJ’s Jaggaer eSourcing Portal.

Key Timeline
  • Procurement Launch: November 8th 2024
  • Tender Submission Deadline: December 13th 2024 (bids closed)
  • Contract Award: Expected in late 2025
  • Implementation Phase: Up to 12 months, starting October 27th 2025
  • Live Service Phase: 60 months (5 years), from October 2026 to October 2031
  • Extensions: Up to 24 months (two 12-month periods), for a maximum total of 8 years
Contract Value
  • Estimated Total: £26–30 million (depending on final scope)
  • Influencing Factors:
    • Tendered prices and implementation plans
    • Uptake of optional services
    • Extension options exercised
    • Participation by additional contracting authorities (e.g., police, courts, probation services)

As of the 1st October 2025, the evaluation phase is ongoing with no award of contract announced yet.

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

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

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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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Criminal Justice Law Legal Analysis Legal Professionals

What is a Defendant’s Costs Order ?

Defendants Costs Order

A Defendant’s Costs Order (DCO) under Section 16 of the Prosecution of Offences Act 1985, is a court order that enables a defendant who is found not guilty (or whose case is dismissed) to reclaim reasonable expenses they incurred while defending themselves in court.

These costs can include legal fees, travel expenses or other out-of-pocket costs directly related to the case.

Key Provisions of Section 16 Prosecution of Offences Act 1985

Section 16 of the Act provides the legal framework for courts to award costs to acquitted defendants. The main points are:

  1. Eligibility:
    • The defendant must be acquitted of the charges or have the case against them discontinued/dismissed.
    • The order typically applies to defendants who privately funded their defense. If legal aid was used, a DCO is generally not applicable, as the state already covered legal costs.
  2. Types of Costs Recoverable:
    • Legal costs: Fees paid to solicitors or barristers for representation.
    • Out-of-pocket expenses: Costs like travel to court, accommodation (if necessary), or loss of earnings due to court attendance.
    • Costs must be deemed reasonable and directly related to the defense.
  3. Court’s Discretion:
    • The court has the authority to decide whether to grant a DCO and how much to award.
    • Factors considered include:
      • Whether the prosecution acted unreasonably in bringing or conducting the case (e.g., insufficient evidence or procedural errors).
      • The financial impact on the defendant.
      • The reasonableness of the costs claimed.
    • If the prosecution’s case was reasonable, even if it failed, the court may refuse to award costs.
  4. Funding Source:
    • Costs awarded under a DCO are typically paid from central funds (government funds), not by the prosecution directly unless specific misconduct by the prosecution is identified.

Criminal Practice Directions

The Criminal Practice Directions 2023 (CPD) provide guidance on the application of the Criminal Procedure Rules in England and Wales, including how costs, such as a Defendant’s Costs Order (DCO) under Section 16 of the Prosecution of Offences Act 1985, are handled in criminal cases.

Specifically, Practice Direction (Costs in Criminal Proceedings) 2015 sections 2.1 (Magistrates Court), 2.2 (Crown Court), 2.3 (High Court) and 2.4 (Court of Appeal – Criminal Division) addresses the principles for awarding costs from central funds in criminal proceedings.

Application Process

  • When to Apply: The application for a DCO is usually made by the defendant or their legal representative at the end of the trial, immediately after the acquittal.
  • Evidence Required: The defendant must provide evidence of costs, such as invoices for legal fees, travel receipts, or proof of lost earnings.
  • Court Decision: The magistrates will review the application and decide whether to grant the order and what amount is reasonable. The awarded amount may not cover all expenses if some are deemed excessive.

Limitations

  • Not Automatic: A DCO is not guaranteed, even if acquitted. The court may refuse if it believes the prosecution acted appropriately or if costs are not sufficiently justified.
  • Reasonable Costs Only: The court will only cover costs considered proportionate and necessary. Extravagant legal fees or unrelated expenses are unlikely to be reimbursed.
  • No Punitive Element: The DCO is meant to compensate, not punish the prosecution, so awards are limited to actual losses.

Practical Considerations

  • Privately Funded Defendants: Those who paid for their own defense are the primary beneficiaries. If you used legal aid, you typically cannot claim additional costs under a DCO.
  • Magistrates’ Court Context: In magistrates’ courts, where cases are often less complex than in Crown Courts, the costs claimed are usually lower, but the principles of Section 16 still apply.
  • Appeals: If a DCO is refused or the amount awarded is insufficient, there may be limited grounds to appeal, typically requiring evidence of a legal error by the court.

Example Scenario

If you were charged with a minor offense (e.g., a traffic violation) in a magistrates’ court, hired a private solicitor, and were acquitted, you could apply for a DCO to recover your solicitor’s fees and travel costs to court.

If the court finds that the prosecution’s case was weak or improperly brought, they may award costs from central funds, but only up to an amount they deem reasonable.

Additional Notes

  • Time Limits: Applications for a DCO should be made promptly, typically at the hearing where the acquittal is granted, though courts may allow later applications in exceptional cases.
  • Legal Advice: A solicitor can help calculate and justify costs to maximize the chances of a successful DCO application.
  • Other Jurisdictions: This explanation applies to England and Wales. Rules in Scotland, Northern Ireland, or other jurisdictions may differ.

Check out our related articles on Public Spaces Protection Order (PSPO), Norwich Pharmacal Orders, Wasted Costs Order, 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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Legal Professionals

Should a Barrister of England and Wales that Lies on their CV be Disbarred ?

Barrister CV Liar

In England and Wales, barristers are regulated professionals bound by strict ethical standards outlined in version 4.8 of the Bar Standards Board (BSB) Handbook.

Lying on a CV by a barrister risks serious professional and criminal consequences, but whether such misconduct warrants disbarment depends on the nature, intent and impact of the deception.

This article examines whether a barrister who falsifies their CV should be disbarred.

What is Disbarment ?

Disbarment is the formal process by which a barrister is stripped of their professional status and prohibited from practising as a barrister in England and Wales.

It is overseen by the Bar Standards Board (BSB), the regulatory body for barristers, through its Disciplinary Tribunal. When a barrister is disbarred, their name is removed from the Bar’s register, and they lose the right to represent clients in court, provide legal advice as a barrister, or hold themselves out as a member of the profession.

Disbarment is permanent unless the barrister successfully appeals or applies for readmission after a significant period, which is rare and subject to stringent conditions.

Ethical Standards and Duties

Barristers are governed by the Bar Standards Board Core Duties, particularly Core Duty 3 (acting with honesty and integrity) and Core Duty 5 (not behaving in a way that diminishes public trust in the profession).

Falsifying a CV, whether to secure pupillage, tenancy in chambers, or client instructions, breaches these duties. The severity of the lie determines the sanction. Minor exaggerations, such as overstating involvement in a case or inflating academic grades, may lead to disciplinary measures like fines, reprimands or suspension.

However, significant falsehoods, such as fabricating academic qualifications, professional credentials, or Bar membership are considered grave misconduct, potentially justifying disbarment especially if they enable unqualified practice or harm clients.

Bar Standards Board Disciplinary Process

The BSB Disciplinary Process is designed to investigate complaints against barristers and impose sanctions for breaches of the BSB Handbook, particularly Core Duties like honesty and integrity (Core Duty 3) and maintaining public trust (Core Duty 5).

Misconduct, such as falsifying a CV, can trigger this process if it undermines a barrister’s fitness to practise or the profession’s reputation.

The process is transparent, independent, and aims to protect the public while ensuring fairness for the barrister. It involves several stages, from receiving a complaint to potential tribunal hearings and sanctions, including disbarment for serious cases.

Stage 1: Receiving and Assessing Complaints

The process begins when the BSB receives a complaint, which may come from clients, colleagues, employers, courts, or the public.

For example, a complaint might allege a barrister misrepresented qualifications on their CV to secure pupillage or tenancy. The BSB’s Professional Conduct Department assesses whether the complaint raises a potential breach of the BSB Handbook.

Minor issues may be resolved informally or dismissed if they lack evidence.

If the complaint suggests serious misconduct, such as fabricating credentials, it proceeds to investigation. The BSB may also initiate investigations without a formal complaint if it becomes aware of potential misconduct such as through media reports or regulatory checks.

Complaint made to Bar Standards Board about a Barrister Lying on Their CV – 18th September 2025
Stage 2: Investigation

During the investigation, the BSB gathers evidence, which may include documents, witness statements or the barrister’s response.

For a CV-related lie, this could involve verifying academic records, professional qualifications, or employment history. The BSB may contact universities, employers, or chambers to confirm the accuracy of the barrister’s claims.

The barrister is given an opportunity to respond to the allegations. The investigation determines whether there is sufficient evidence to refer the case to a Disciplinary Tribunal or resolve it through alternative means, such as an administrative sanction (e.g., a fine or warning for minor breaches).

Stage 3: Disciplinary Tribunal

If the investigation finds evidence of serious misconduct, the case is referred to an independent Disciplinary Tribunal, administered by the Bar Tribunals and Adjudication Service (BTAS).

The tribunal, typically comprising a legally qualified chair and lay members, hears evidence from both the BSB and the barrister. For a CV lie, the tribunal assesses factors like the severity of the deception (e.g., exaggerating case experience versus fabricating a degree), intent, harm caused (to clients, courts, or competitors) and the barrister’s remorse or corrective actions.

The BSB Sanctions Guidance treats dishonesty as an aggravating factor, and tribunals may impose sanctions ranging from reprimands to disbarment.

Sanctions and Outcomes

Sanctions depend on the misconduct’s severity. Minor CV exaggerations might result in fines, reprimands, or temporary suspension, while serious falsehoods, like practising without qualifications, could lead to disbarment, removing the barrister from the profession.

The tribunal’s decision balances proportionality with the need to protect the public and uphold professional standards. Decisions are often published on the BSB and BTAS websites, reinforcing transparency.

Barristers can appeal to the High Court, but successful appeals are rare without procedural errors or new evidence.

Impact of the Lie

The consequences of the lie are critical in determining the sanction or criminal proceedings for fraud.

If the falsehood directly affects the administration of justice, for example, by misleading courts or clients about expertise, it is more likely to result in severe penalties, including disbarment.

Even if the lie is confined to a CV used to secure pupillage or employment, it remains serious, as it may deprive others of opportunities and undermine trust in the selection process.

(1) A person is in breach of this section if he—

(a) dishonestly makes a false representation, and

(b) intends, by making the representation—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if—

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

Fraud by false representation – Fraud Act 2006 – Section 2

Public confidence in the legal profession is paramount, and the BSB prioritises protecting this trust. Dishonesty, even outside direct practice, risks tarnishing the profession’s reputation particularly if it becomes public knowledge.

Precedents and Proportionality

BSB disciplinary findings provide examples of outcomes. In severe cases, such as a barrister practising without proper qualifications, disbarment is common to safeguard the public and uphold professional standards. Less egregious cases, where no direct harm occurs, might result in suspension or conditions on practice.

Barrister Anurag Mohindru KC a ‘brilliantly successful’ barrister has been disbarred for lying that he studied at Oxford – Daily Mail – 15/09/25

His Honour Judge Inman KC – the High Court Judge that never was !

Tribunals aim to balance proportionality with deterrence, ensuring sanctions reflect the misconduct’s severity while discouraging future breaches.

Conclusion

A barrister who lies on their CV should face disbarment if the deception is serious, intentional, and undermines their fitness to practise or public trust in the profession.

Minor or unintentional misrepresentations are more likely to attract lesser sanctions, such as fines or suspension. The BSB Disciplinary Tribunal makes the final determination based on evidence and context.

Read the reviews of Junior Sussex Barrister Gavin Howe and Legal 500 Junior Barrister Eleanor Battie.

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

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

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Law Legal Analysis

What are the Branches of Law ?

Branches of Law

The United Kingdom’s legal system is a rich and intricate framework that governs society through a variety of legal branches. These branches, each with distinct purposes and applications, reflect the UK’s unique blend of common law traditions, statutory provisions, and historical practices.

Understanding these branches is essential for grasping how justice is administered in the UK, from resolving private disputes to regulating state power.

Constitutional Law

Constitutional law forms the foundation of the UK’s governance, defining the structure and powers of the state, its institutions, and their relationship with citizens.

Unlike countries with a single written constitution, the UK’s constitution is uncodified, comprising statutes, conventions, judicial precedents, and historical documents such as the Magna Carta 1215 and the Bill of Rights 1689.

Key legislation, like the Human Rights Act 1998, incorporates protections from the European Convention on Human Rights into domestic law. Constitutional law governs the roles of Parliament, the monarchy, the government, and the judiciary, ensuring a balance of power.

It also addresses devolution, defining the powers of the Scottish Parliament, Welsh Senedd, and Northern Ireland Assembly. Landmark cases, such as R (Miller) v Secretary of State for Exiting the European Union (2017), highlight its role in resolving disputes over governmental authority, particularly during Brexit.

Administrative Law

Closely linked to constitutional law, administrative law regulates the actions of public bodies, ensuring they operate within legal boundaries. It provides mechanisms, such as judicial review, to challenge decisions by government departments, local authorities, or public institutions if they are unlawful, irrational, or procedurally unfair.

For example, a citizen might seek judicial review if a local council’s planning decision violates statutory requirements. Key principles, like natural justice and fairness, underpin this branch, with cases such as Ridge v Baldwin (1964) shaping its development. Administrative law is vital for maintaining accountability, especially in an era of expanding government functions.

Criminal Law

Criminal law addresses offences against society, such as theft, assault, murder, or fraud. Its primary aim is to maintain public order by defining prohibited conduct and prescribing punishments, ranging from fines to imprisonment.

Governed by statutes like the Theft Act 1968, the Offences Against the Person Act 1861, and the Criminal Justice Act 2003, criminal law operates under a high burden of proof, “beyond reasonable doubt.”

The Crown Prosecution Service (CPS) decides whether to prosecute based on evidence and public interest. Criminal law also evolves through case law, with precedents clarifying issues like intent or self-defence. Its societal impact is profound, balancing punishment, deterrence, and rehabilitation.

Civil Law

Civil law governs disputes between private individuals or entities, such as businesses, organisations, or citizens. Unlike criminal law, its focus is on resolving disputes rather than punishing wrongdoing, often through remedies like compensation or injunctions.

Civil law encompasses areas like contract disputes, property issues, and personal injury claims. The standard of proof is lower than in criminal cases, “on the balance of probabilities.”

Statutes like the Consumer Rights Act 2015 and the Civil Procedure Rules 1998 guide civil litigation, ensuring fair and efficient resolution. Civil law’s breadth makes it a cornerstone of everyday legal interactions.

Family Law

Family law regulates personal relationships, including marriage, divorce, child custody, adoption, and domestic violence. It seeks to balance legal, emotional, and social considerations, with the welfare of children being paramount, as outlined in the Children Act 1989.

The Matrimonial Causes Act 1973 governs divorce and financial settlements, while recent reforms, like the Divorce, Dissolution and Separation Act 2020, introduced “no-fault” divorce to reduce conflict. Family courts handle sensitive cases, often involving mediation to minimise adversarial proceedings, reflecting the branch’s focus on practical resolutions.

Tort Law

Tort law, a subset of civil law, addresses civil wrongs where one party’s actions cause harm to another, such as negligence, defamation, or nuisance.

Its goal is to compensate the injured party, typically through damages. Landmark cases like Donoghue v Stevenson (1932) established the modern principle of negligence, introducing the “duty of care” concept. Statutes like the Defamation Act 2013 also shape this branch.

Tort law is dynamic, adapting to societal changes, such as addressing online defamation or environmental harm.

Contract Law

Contract law governs legally binding agreements between parties, ensuring obligations are fulfilled.

It covers issues like breaches of contract, misrepresentation, or unfair terms, with principles derived from statutes like the Sale of Goods Act 1979 and common law. Cases such as Carlill v Carbolic Smoke Ball Co (1893) illustrate foundational principles like offer and acceptance.

Contract law underpins commercial and personal transactions, fostering economic stability.

Property Law

Property law regulates the ownership, use, and transfer of assets, divided into real property (land and buildings) and personal property (e.g., goods or intellectual property).

Statutes like the Land Registration Act 2002 and the Law of Property Act 1925 govern land ownership, leases, and mortgages. Property law also intersects with inheritance and trusts, ensuring clarity in asset distribution.

Its complexity reflects the economic and social importance of property in the UK.

Equity and Trusts

Equity and trusts law addresses fairness in legal remedies, originating from historical courts of equity.

It includes trusts, where one party holds property for another’s benefit, governed by statutes like the Trustee Act 2000. Equity provides flexible remedies, such as injunctions or specific performance, complementing common law.

Its principles ensure justice in cases where strict legal rules may produce unfair outcomes.

European and International Law

Despite Brexit, international law and retained EU law significantly influence the UK. The European Union (Withdrawal) Act 2018 incorporates certain EU regulations into domestic law, particularly in trade, employment, and environmental standards.

International law encompasses treaties, customary law, and obligations under organisations like the United Nations. Examples include:

  • Trade Law: The UK adheres to World Trade Organization (WTO) rules, governing tariffs and trade disputes. Post-Brexit trade agreements, such as the UK-EU Trade and Cooperation Agreement 2020, regulate economic relations with the EU.
  • Human Rights Law: The UK is party to the European Convention on Human Rights (ECHR), enforced through the Human Rights Act 1998. Cases like Hirst v UK (2005) at the European Court of Human Rights challenged UK prisoner voting laws.
  • Environmental Law: The Paris Agreement 2015 commits the UK to reducing carbon emissions, influencing domestic policies like the Environment Act 2021. The Aarhus Convention ensures public access to environmental justice.
  • Maritime Law: The United Nations Convention on the Law of the Sea (UNCLOS) governs UK maritime boundaries. The 2016 Philippines v China arbitration, though not directly involving the UK, illustrates UNCLOS’s role in resolving territorial disputes, relevant to UK interests in global shipping lanes.
  • International Humanitarian Law: The Geneva Conventions regulate UK military conduct, ensuring protections for civilians and prisoners during conflicts, such as in Iraq or Afghanistan.
  • Sanctions and International Criminal Law: The UK uses UN and domestic sanctions to target regimes or individuals, as seen in measures against Russia post-2022 Ukraine invasion. The International Criminal Court (ICC), to which the UK is a signatory, prosecutes war crimes though enforcement challenges persist.

Check out our related articles on Rule of Law, Open Justice, What is Law, 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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Judiciary

His Honour Judge Hiddleston

His Honour Judge Hiddleston

Adam Wallace Hiddleston, known as His Honour Judge Hiddleston was born on the 1st April 1965.

HHJ Hiddleston is currently a Circuit Judge in the London Circuit. He was previously a judge in the First-Tier Tribunal’s Health, Education and Social Care Chamber (Mental Health).

Early Life and Education

HHJ Hiddleston was born in the UK and attended Loretto School in Scotland, graduating in 1981. Specific details about his higher education are not publicly documented, but he qualified as a barrister, developing expertise in criminal and administrative law before his judicial appointments.

Legal Career

His Honour Hiddleston began his career as a barrister at the 3 PB chambers in Greater London, specialising in criminal law and regulatory matters as noted in legal directories like The Law Pages. His practice involved representing clients in court, often in cases involving vulnerable individuals.

He was appointed as a Recorder in 2012 and as a Fee-paid Judge of the First-tier Tribunal assigned to the Health, Education and Social Care Chamber in 2014.This role involves hearing appeals under the Mental Health Act 1983, reviewing detentions and treatment orders to ensure compliance with legal and human rights standards.

In 2015, The Queen appointed Adam Hiddleston to be a Circuit Judge and he was deployed to the South Eastern Circuit based at Croydon Crown Court.

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

His Honour Judge Hiddleston London16-10-2015
List of Circuit Judges

Legal Controversy

On the 13th February 2025, Moussa Kadri, a 59-year-old Muslim man, attacked Hamit Coskun, a 51-year-old Kurdish-Armenian man, outside the Turkish consulate in London’s Knightsbridge after Coskun burned a Quran and made inflammatory statements like “Islam is religion of terrorism.”

Kadri, who pleaded guilty to assault and possessing a bladed article, slashed at Coskun with a knife, later claiming he was protecting his religion.

Attacker of Quran-burning protestor is spared jail – BBC News

At Southwark Crown Court, Judge Adam Hiddleston condemned Kadri’s actions as “disgraceful” and the use of blades as a “curse on our community,” but sentenced him to a 20-week suspended prison term for 18 months, plus 150 hours of unpaid work and 10 days of rehabilitation.

Coskun was convicted of a religiously aggravated public order offence for his “highly provocative” and hate-motivated actions, though he insisted his protest targeted Islam as an ideology, not Muslims.

REX v. Moussa KADRI Sentencing Remarks – HHJ Hiddleston

Anyone can Ask for a Crown Court sentence to be reviewed using the online service to send a request to the Attorney General’s Office. They’ll review it and decide whether to send it to the Court of Appeal, who can make a decision about the sentence.

The incident sparked debate on the two tier justice system and blasphemy laws.

This sentence will do nothing to dispel the suspicion that Britain has a two-tier criminal justice system. Had a knife-wielding white male pleaded guilty to attacking a Muslim for breaching a Christian blasphemy code, you can bet your bottom dollar he would have gone to prison.

Free Speech Union on X

The UK government reaffirmed that no blasphemy laws exist in England and Wales and they have no plans to introduce them.

This decision sends a green light to any Muslim who wants to enforce an Islamic blasphemy by taking the law into their own hands. The court is effectively saying that if you attack a blasphemer with a knife, he will be convicted of causing you harassment, alarm or distress and you won’t have to spend a day behind bars.

The Free Speech Union on X

Authorisation to sit as a High Court Judge

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

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

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

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

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

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

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

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

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

Image of HHJ Hiddleston : Microsoft Co-Pilot

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

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

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

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Free Speech Legal Analysis Police

Is the Dark Web (Tor) Secure ?

Dark Web Tor Secure

Britain’s Secret Intelligence Service (MI6) unveiled on the 19th September 2025 a dark web portal designed to lure potential informants from hostile regimes.

MI6 reveals ‘Silent Courier’ dark web portal upgrade it hopes will help it recruit new spies

Dubbed “Silent Courier” the platform aims to provide a secure channel for individuals worldwide to share sensitive information without fear of detection.

MI6 (SIS) Silent Courier
MI6 Silent Courier on the Dark WebDownload

As cyber threats proliferate, the initiative underscores the agency’s pivot towards anonymous online communications while preserving its storied tradition of clandestine face-to-face operations.

This upgrade reflects MI6’s ongoing efforts to recruit spies, particularly in Russia and other high-risk areas amid rising global tensions.

The portal’s launch coincides with instructional videos released on MI6’s newly established YouTube channel, available in eight languages.

MI6 – Securely Contacting MI6 – Introducing SILENT COURIER

These resources guide users on accessing the site safely, highlighting the blend of cutting-edge technology and practical tradecraft.

Yet, at the heart of this development lies a critical question. In an era of sophisticated surveillance, is Tor the anonymity network powering the dark web truly secure ?

How to Access MI6 Silent Courier

The new “Silent Courier” is accessible exclusively via a .onion address https://mi6govukbfxe5pzxqw3otzd2t4nhi7v6x4dljwba3jmsczozcolx2vqd.onion portal is hosted on the Tor network, enabling users to connect without revealing their IP addresses or locations.

Step-by-Step Guide to Access Tor (The Onion Router)
  1. Download Tor Browser:
    • Visit the official Tor Project
    • Select the Tor Browser download for your operating system (Windows, macOS, Linux, or Android; iOS users can use third-party apps like Onion Browser).
    • Choose the latest version (e.g., Tor Browser 14.5.7 as of 19th September 2025) and your preferred language. Avoid unofficial sources to prevent malware.
  2. Install Tor Browser:
    • Run the downloaded installer and follow the prompts. It’s portable, so no deep system changes are required.
    • For security, install on a clean, updated device free of malware. MI6 recommends a freshly installed browser to avoid tracking.
  3. Launch Tor Browser:
    • Open the Tor Browser application. It looks like a modified Firefox browser, as it’s built on Firefox’s framework.
    • On first launch, click “Connect” to join the Tor network. This routes your traffic through three relays (entry, middle, exit) with layered encryption.
  4. Accessing a .onion Site (e.g., Silent Courier):

Is Tor Secure?

Tor, short for The Onion Router, is a free open-source network that routes internet traffic through multiple volunteer-operated relays, layering encryption like an onion’s peels to obscure origins.

Launched in 2002 by the US Naval Research Laboratory, Tor has become the backbone of the dark web, shielding journalists, activists, and dissidents from oppressive regimes.

But is Tor secure? The short answer is a qualified yes—for most users, it offers robust protection against casual surveillance and basic tracking. Its multi-hop architecture makes it exceedingly difficult for eavesdroppers to correlate entry and exit points, thwarting mass data collection by ISPs or governments. Independent audits, such as those by the Tor Project, consistently affirm its cryptographic strength, employing protocols like Diffie-Hellman key exchange and AES-256 encryption.

Yet, Tor is not impenetrable. Vulnerabilities arise from user error: misconfigurations, JavaScript-enabled browsers, or reusing identifiable details can de-anonymise individuals.

State actors, including the NSA, MI6 and FSB, have exploited “traffic confirmation attacks” by controlling both entry and exit nodes, as revealed in Edward Snowden’s leaks.

Moreover, Tor’s public bridges and directory authorities can be targeted and malware on a user’s device bypasses the network entirely.

Nonetheless, experts caution that no tool is fool proof as Tor excels at evasion but demands vigilance. As cybersecurity experts say, “Tor hides your path, but not your destination if you’re careless.”

Any communication using the internet involves risk: the best method to contact us depends on your personal situation and environment. Data submitted on this website is secured to the highest standard but internet browsing activity, including visits to this website, can be monitored by most hostile governments.

You can decrease this risk by:

  • Using the Tor browser or a virtual private network (VPN) to increase your privacy.
  • If using a VPN (especially in a hostile country), considering carefully the VPN provider that you choose. Do not enter any data linked to your own identity when setting up the VPN.
  • Using a device which is not registered to you.
  • Ensuring your internet browser is updated.
  • Creating a free new email address or social media account for us to reply to. Do not use a name, phone number or other data linked to your real identity when creating this account.
  • Contacting us from outside your country if you are able to travel.
MI6 (SIS) – “Silent Courier”

Is the Dark Web (Tor) Secure ? No but its better than nothing !

We support the important work of the United Kingdom Intelligence Community (UKIC) including MI5 and MI6.

Check out our articles on National Security Online Information Team, Policing by Consent, Are the Police for Hire ?, Police Impartiality, Police Public Confidence and Engagement, Police Professional Standards Department, IOPC, Crime Reporting, What is a Police and Crime Commissioner ?, Sussex Police, Policing, Police News, Two Tiered Policing, Thought Police, Police Digital Service, Wasting Police Time, R v Sussex Justices and the highly questionable Sussex Family Justice Board.

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Criminal Justice Law Legal Analysis

What is the Youth Justice Board for England and Wales ?

Youth Justice Board for England and Wales

The Youth Justice Board (YJB) for England and Wales is dedicated to overseeing and improving youth justice services.

We are an organisation of around 100 people and our headquarters is in London.

Our vision is for a youth justice system that sees children as children, treats them fairly and helps them to build on their strengths so they can make a constructive contribution to society. This will prevent offending and create safer communities with fewer victims.

Youth Justice Board – About Us

Established under the Crime and Disorder Act 1998, the YJB is a non-departmental public body sponsored by the Ministry of Justice. Its primary role is to ensure that the youth justice system effectively prevents offending and reoffending by children and young people under 18, while safeguarding their welfare.

Below, we explore the YJB’s purpose, structure, and key functions.

Leadership

The Youth Justice Board (YJB) for England and Wales is led by a board of experts and a chief executive, with oversight from the Ministry of Justice.

  • Chair: The YJB is chaired by Keith Fraser. The chair leads the board, providing strategic direction and ensuring effective governance. Keith Fraser, appointed in 2020, brings experience from policing and public sector leadership, with a focus on diversity and inclusion in justice systems.
  • Chief Executive: Steph Roberts-Bibby serves as the Chief Executive, overseeing day-to-day operations and implementing the board’s strategies. Sturt, who joined in 2020, has a background in criminal justice, having previously held senior roles in the prison and probation services.

The Board has corporate responsibility for ensuring that the YJB fulfils its strategic objectives, which are agreed with the Secretary of State for Justice, and for ensuring the efficient and effective use of staff and other resources.

The Chair and board members are appointed by the Secretary of State for Justice.

Purpose and Objectives

The YJB aims to create a youth justice system that is fair, effective, and focused on rehabilitation. Its core mission is to prevent crime by young people through early intervention, robust supervision, and tailored support. The board strives to balance accountability with the welfare of young offenders, recognising that many have complex needs, such as mental health issues or disadvantaged backgrounds. By promoting positive outcomes, the YJB seeks to reduce reoffending rates and help young people reintegrate into society as law-abiding citizens.

A key objective is to ensure the system is child-centred. This means decisions prioritise the best interests of the child, aligning with the principles of the United Nations Convention on the Rights of the Child. The YJB also works to address disparities, ensuring equitable treatment for all young people, regardless of background.

  • using information and evidence to form an expert view of how to get the best outcomes for children who offend and for victims of crime
  • advising the Secretary of State for Justice, government departments, local authorities, those working in youth justice services and other organisations about how well the system is operating, and how improvements can be made
  • identifying and sharing best practice
  • promoting the voice of the child, including taking advice from our youth advisory panel of children and young adults who have current or previous experience of the youth justice system
  • commissioning research and publishing information in connection with good practice
  • monitoring the youth justice system and the provision of youth justice services
  • making grants, with the approval of the Secretary of State, for the purposes of the operation of the youth justice system and services
  • providing information technology related assistance for the operation of the youth justice system and services
Youth Justice Board – Our Responsibilities

Structure and Governance

The YJB is led by a board of experts appointed by the Secretary of State for Justice. This board includes professionals with expertise in youth justice, social work, policing, and education, ensuring a multidisciplinary approach. The organisation is chaired by an appointed leader, with a chief executive overseeing day-to-day operations. It operates independently but collaborates closely with government departments, local authorities, and youth offending teams (YOTs).The YJB is headquartered in London but works nationally, engaging with regional services to implement its strategies. It reports to Parliament through the Ministry of Justice and is subject to scrutiny to ensure transparency and accountability.

Key Functions

The YJB’s responsibilities are wide-ranging. It sets standards for youth justice services, monitors their performance, and provides guidance to YOTs, which are local multi-agency teams managing young offenders. The board also oversees the secure estate, ensuring safe and rehabilitative environments for young people in custody, such as young offender institutions.

Additionally, the YJB promotes evidence-based practices by commissioning research and sharing best practices. It advises ministers on youth justice policy and advocates for systemic improvements. The board also allocates funding to YOTs and other initiatives, ensuring resources are used effectively to support prevention and rehabilitation.

Impact and Challenges

Since its inception, the YJB has contributed to a significant decline in youth offending rates, with fewer young people entering the justice system. However, challenges remain, including addressing over-representation of minority groups and supporting young people with complex needs. By fostering collaboration and innovation, the YJB continues to shape a more effective and compassionate youth justice system.

For more information, visit the Youth Justice Board for England and Wales official page on the UK government website.

Check out our related articles on Rule of Law, Open Justice, Is the Law Black and White ?, Family Justice Board, Civil Justice Council, Abuse of Process, What Does Lady Justice Symbolise ?, McKenzie Friend, Wasted Costs Order, 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.

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Civil Justice Criminal Justice Family Law Law Legal Analysis Legal Professionals

What is a Wasted Costs Order ?

Wasted Costs Order

In the legal system of England and Wales, a wasted costs order is a mechanism used by courts to address improper, unreasonable, or negligent conduct by legal representatives that results in unnecessary costs in criminal, civil or family proceedings.

This article explains what a wasted costs order is, how it applies and its significance in ensuring fairness and efficiency in the judicial process.

Definition of a Wasted Costs Order

A wasted costs order is a court order that requires a legal representative—such as a solicitor, barrister, or other advocate—to personally bear the costs incurred due to their improper, unreasonable, or negligent conduct.

These costs may be payable to the opposing party, their own client, or, in criminal cases, sometimes to public funds (e.g., the Legal Aid Agency).

The concept is governed by Section 19A of the Prosecution of Offences Act 1985 for criminal cases, Section 51(6) of the Senior Courts Act 1981 for civil cases and family cases.

Further guidance provided by the Criminal Procedure Rules 2010 (CrimPR 45.8 and CrimPR 45.9), Civil Procedure Rules (CPR 46.8 and Practice Direction 46) and Family Procedure Rules (FPR 28.1), which incorporate CPR 46.8.

“Wasted costs” refer to expenses incurred unnecessarily as a direct result of a legal representative’s conduct, which could have been avoided had they acted appropriately.

This distinguishes wasted costs orders from standard cost orders, which typically arise from the outcome of a case rather than the behaviour of legal professionals.

When Can a Wasted Costs Order Be Made ?

The court has discretion to issue a wasted costs order in both civil and criminal proceedings, but it must satisfy a strict two-stage test, as established in Ridehalgh v Horsefield [1994] Ch 205 for civil cases and reflected in criminal case law such as R v P [2011] EWCA Crim 1130. The two stages are:

  1. Improper, Unreasonable, or Negligent Conduct: The court must determine that the legal representative’s actions were improper, unreasonable, or negligent. For example:
    • Improper conduct includes dishonest or unethical behaviour, such as deliberately misleading the court or pursuing a baseless case.
    • Unreasonable conduct involves actions that are vexatious or misguided, such as persisting with a hopeless defence or prosecution in a criminal case.
    • Negligent conduct refers to failing to meet the standard of care expected of a competent legal professional, such as missing court deadlines or failing to prepare adequately.
  2. Causation of Wasted Costs: The court must be satisfied that the conduct directly caused unnecessary costs. For instance, if a barrister’s failure to advise a defendant properly in a criminal case leads to an unnecessary hearing, the costs of that hearing may be deemed “wasted.”

Courts exercise significant caution when issuing wasted costs orders due to their serious professional and financial implications for legal representatives. The burden of proof lies with the party seeking the order (or the court, if acting on its own initiative), and the threshold for proving misconduct is high.

Making an Application in Criminal, Civil and Family Proceedings

Criminal Proceedings

In criminal cases, wasted costs orders are addressed under Section 19A of the Prosecution of Offences Act 1985 and CrimPR 45.8 (which covers costs resulting from unnecessary or improper acts or omissions) and CrimPR 45.9 (which specifically deals with applications for wasted costs orders against legal representatives). These orders can apply to both prosecution and defence counsel and may involve costs payable to the opposing party, the client, or public funds (e.g., legal aid). Examples of conduct leading to wasted costs in criminal cases include:

  • A prosecution lawyer pursuing a case without sufficient evidence, causing unnecessary court hearings.
  • A defence lawyer failing to advise a client properly, leading to a trial that could have been avoided through a guilty plea or withdrawal.
  • Missing procedural deadlines, resulting in wasted court time or resources.

For instance, in R v Farooqi [2013] EWCA Crim 1649, the Court of Appeal considered a wasted costs order against a barrister whose conduct was deemed improper, though the order was ultimately not imposed due to procedural issues.

The Criminal Procedure Rule Committee and Ministry of Justice publish the Application for a wasted, etc. costs order under CrimPR 45.8, 45.9 or 45.10 form which must be served on the court and other parties.

Civil Proceedings

In civil cases, wasted costs orders are governed by CPR 46.8 and Section 51(6) of the Senior Courts Act 1981. They are typically sought by the opposing party who has incurred unnecessary costs due to the other side’s legal representative’s conduct or by a client against their own lawyer. Examples include pursuing a claim with no reasonable prospect of success or failing to comply with court orders, leading to adjournments.

  • A party can apply for a wasted costs order by filing an application notice in accordance with Part 23 of the CPR or by making an oral application during a hearing.
  • The court can also make a wasted costs order of its own initiative. 
Family Proceedings

There is no specific form titled “Application for a Wasted Costs Order” for family proceedings, just as in civil proceedings. Instead, applications are made under FPR Part 18 (Applications in Family Proceedings), which mirrors CPR Part 23.

In family proceedings, the Form C2 is typically used for applications within existing proceedings (e.g., children’s cases), while Form N244 (the standard civil application form) is used for financial remedy proceedings or where no specific family form applies.

Who Can Apply for a Wasted Costs Order ?

A wasted costs order can be sought by:

  • The opposing party in criminal, civil or family proceedings, who has incurred unnecessary costs due to the other side’s legal representative’s conduct.
  • The legal representative’s own client, if they have suffered financial loss as a result of their lawyer’s actions (e.g., wasted legal fees or costs of unnecessary proceedings).
  • The court itself, which can initiate a wasted costs order on its own motion (suo motu) if it identifies egregious conduct during proceedings.

In criminal cases, the court may also consider the impact on public funds, particularly where legal aid is involved.

The court may require written submissions or a hearing to determine whether the order is justified. Appeals against wasted costs orders in criminal proceedings follow CrimPR Part 34 (for magistrates’ courts to the Crown Court) or CrimPR Part 39 (for Crown Court to the Court of Appeal).

Examples of Conduct Leading to Wasted Costs Orders

Some examples of conduct that might lead to a wasted costs order in civil or criminal proceedings include:

  • Pursuing a case (civil or criminal) with no realistic prospect of success, such as a baseless civil claim or a criminal defence lacking any evidential foundation.
  • Failing to comply with court orders or procedural rules, leading to adjournments or additional hearings.
  • Providing misleading information to the court or failing to disclose relevant facts, such as withholding key evidence in a criminal trial.
  • Acting in a way that unnecessarily prolongs proceedings, such as making frivolous applications or failing to prepare adequately for trial.

Implications and Considerations

Wasted costs orders serve as a deterrent against poor professional conduct and promote fairness and efficiency in both civil and criminal proceedings. They protect parties from bearing the financial burden of their opponent’s or their own lawyer’s misconduct and, in criminal cases, safeguard public funds.

However, courts are cautious about issuing such orders for several reasons:

  • Professional Consequences: A wasted costs order can harm a lawyer’s reputation and financial standing, so courts ensure the evidence is robust and the conduct sufficiently serious.
  • Access to Justice: Courts avoid discouraging lawyers from taking on challenging cases or acting fearlessly, particularly in criminal defence work, where robust advocacy is essential.
  • Proportionality: The costs claimed must be proportionate to the misconduct, and minor errors or oversights are unlikely to justify an order.

Legal representatives are typically given an opportunity to respond to allegations of misconduct before an order is made, ensuring fairness and due process. In criminal cases, the court may also consider the public interest and the impact on legal aid budgets.

Conclusion

In England and Wales, a wasted costs order is a vital tool to address improper, unreasonable, or negligent conduct by legal representatives in criminal, civil and proceedings.

Governed by statute and procedural rules, these orders ensure accountability, protect parties from unnecessary costs, and uphold the integrity of the judicial process.

While rarely used due to their high threshold and significant implications, wasted costs orders play a crucial role in maintaining professionalism and efficiency in the legal system. Legal representatives must act with diligence and integrity to avoid the serious consequences of such an order.

Check out our related articles on Defendant’s Costs Order, Norwich Pharmacal Orders, Public Spaces Protection Order (PSPO), 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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Law Police

Police Misconduct Hearings

Police Misconduct Hearings

Across the United Kingdom, police forces strive to maintain public trust by upholding high standards of professionalism and integrity. A key mechanism for achieving this is the misconduct hearing process designed to address allegations of misconduct or gross misconduct by police officers and staff.

These hearings, detailed on police websites such as the Sussex Police misconduct hearings page, provide a transparent framework for accountability.

This article explores the purpose, structure, and public accessibility of police misconduct hearings across UK forces by highlighting their role in fostering trust and how the public can engage with the process.

Purpose and Structure of Misconduct Hearings

Misconduct hearings are convened when there is evidence that a police officer or staff member has breached the Standards of Professional Behaviour, a code governing police conduct detailed in The Police (Conduct) Regulations 2008.

These standards encompass principles such as honesty, integrity, respect, and the responsible use of authority. Misconduct hearings address less severe breaches, while gross misconduct hearings tackle actions serious enough to potentially warrant dismissal.

The process ensures allegations are thoroughly investigated, with the officer or staff member given an opportunity to explain their actions. Hearings are typically chaired by a senior police officer, such as a Chief Constable or Assistant Chief Constable (a requirement in many forces since May 2024 – The Police (Conduct) (Amendment) Regulations 2024), and include independent panel members, often with a legally qualified person to ensure impartiality.

The panel reviews evidence, hears from witnesses, and determines whether misconduct has occurred, with outcomes ranging from written warnings to dismissal without notice.

Transparency and Public Access

Transparency is a cornerstone of public confidence in UK policing.

Since the 1st May 2015, gross misconduct hearings for police officers are required to be held in public, unless there’s a compelling reason to exclude the public, a significant change brought about by the Police (Conduct) (Amendment) Regulations 2015 to improve transparency and public confidence in the police disciplinary system.

This openness allows the public to scrutinise how police forces handle allegations, reinforcing accountability. However, the Chair of a hearing may hold parts or all of a hearing in private if sensitive issues, such as national security, operational tactics, or personal confidentiality, are involved.

In such cases, the public may be temporarily excluded to ensure fairness and protect sensitive information, but these decisions are made carefully to balance transparency with operational needs. The commitment to public access demonstrates that police forces take breaches of conduct seriously and are willing to be held accountable.

How the Public Can Attend

Public attendance at misconduct hearings is actively encouraged across UK police forces, reflecting their commitment to openness. Members of the public aged 18 or over can attend as observers, though they cannot participate in the proceedings. The process for attending varies slightly between forces but generally involves registering in advance, often through an online form or by contacting the force’s Professional Standards Department.

For example, Sussex Police provides a dedicated section on their website listing upcoming hearings, including the officer’s name, hearing dates, and registration details.

Date(s): 15 – 19 September 2025

Time: 10:00

Location: Sussex Police Headquarters, Church Lane, Lewes, BN7 2DZ

It is alleged that PS Day, who was based at Brighton, sexually harassed a subordinate member of staff. If proved this matter would amount to gross misconduct.

The allegation amounts to a breach of the Standards of Professional Behaviour relating to (a) Authority, respect and courtesy; and (b) Discreditable conduct.

Public notification of misconduct hearing – Former PS Day – Sussex Police

Places are allocated on a first-come, first-served basis, with priority often given to complainants, other interested parties, and representatives of the Independent Office for Police Conduct (IOPC).

The media are also allocated seats to ensure public reporting, further enhancing transparency.

Practical Considerations for Attendees

To attend a hearing, prospective attendees should check their local police force’s website for details of upcoming hearings and registration processes. Forces typically publish hearing details at least five days in advance, though short-notice cancellations can occur due to legal or operational reasons. Attendees are advised to confirm arrangements with the force, as notifications of cancellations may not always be possible.

Most forces, like Sussex Police, note that they cannot cover travel or other expenses for attendees. Accessibility is prioritised, with venues chosen to accommodate attendees where possible, though public parking and refreshments are not always available. Attendees must adhere to conditions set by the Chair, such as prohibitions on recording or broadcasting to maintain the integrity of the process. Texting or using social media may be permitted unless specific restrictions are imposed.

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

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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