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About Public Law

As a government lawyer your clients are experiencing various impacts on policy making from numerous and competing interests such as austerity, efficiency, collective/individual rights, European and devolved/delegated jurisdictions. Your job advising on legislation and risk of challenge through judicial review is increasingly time consuming and complex.

Brexit

With reform of retained EU law high on the agenda, post-Brexit legal changes remains a key issue. Get key information and updates for all practitioners, with practice area specific Brexit content across the modules.

Judicial Review

We outline the key principles and procedural requirements with a clear focus on the public sector perspective. The content focusses primarily on judicial review in the Administrative Court in England and Wales.

Public Procurement

Failure to stick to procedures can have significant legal, financial and practical consequences for a contracting authority. We guide you through various processes, focussing on the Public Contracts Regulations 2015.

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Associated legal terms

Concurrent sentence

A concurrent sentence is a criminal sentence ordered to run at the same time as one or more other sentences, so that the offender serves them together rather than one after another. It is the opposite of a consecutive (or cumulative) sentence.

In England and Wales and Northern Ireland, the power to order concurrent or consecutive sentences is principally governed by sentencing legislation (for example, the Criminal Justice Act 2003 in England and Wales) and developed through case law and Sentencing Council guidelines. Courts consider factors such as whether offences arise out of the same incident or transaction, or represent a series of distinct crimes, when deciding between concurrent and consecutive terms.

In Scotland, concurrent sentencing is recognised in common law and statute, with similar principles applied: offences forming part of the same course of conduct are more likely to attract concurrent sentences.

In Ireland, concurrent sentences are also a recognised sentencing structure under statute and case law, with judges retaining broad discretion subject to proportionality and totality principles.

Across all four jurisdictions, concurrent sentences are central to applying the totality principle and ensuring that overall punishment remains just and proportionate.

Justice system

The justice system describes the institutions, processes and laws through which the state prevents, investigates, prosecutes, adjudicates and enforces legal rights and obligations. It is a descriptive term, not usually defined in legislation or case law, but widely used in criminal justice, civil justice and public law contexts across England and Wales, Scotland, Northern Ireland and Ireland.

In practice, the justice system encompasses: the police and investigative bodies; public prosecution services; criminal, civil, family and administrative courts and tribunals; the judiciary and juries; legal aid and legal representation; prisons, probation and youth justice; and regulatory and oversight bodies (for example, inspectorates, ombuds and human rights institutions).

Usage and underlying concepts are broadly consistent across the four jurisdictions, but the structures are distinct: each has its own court hierarchy, prosecution service, legal aid framework and penal institutions, and Ireland operates within a separate constitutional and EU law framework.

For legal practitioners, “justice system” is often used when addressing access to justice, systemic delay, court reform, judicial independence, rule of law compliance, human rights standards and the effectiveness of remedies and enforcement.

Taking of hostages

Taking of hostages describes the unlawful seizing, detaining or holding of a person, combined with a threat to kill, injure or continue to detain them in order to compel a third party (such as a state, organisation or individual) to act, refrain from acting, or make a concession.

Across the UK and Ireland, the concept is closely aligned with the offence of hostage‑taking under international and domestic terrorism and criminal legislation. In the UK, the Taking of Hostages Act 1982 implements the International Convention Against the Taking of Hostages, creating an offence applicable in England and Wales, Scotland and Northern Ireland, including extra‑territorial conduct. In Ireland, analogous conduct is typically prosecuted under offences involving false imprisonment, kidnapping, extortion and terrorism legislation.

Key legal features include absence of consent, use or threat of force, coercive purpose, and the leveraging of a victim’s liberty as a bargaining tool. In practice, the term is used in terrorism cases, organised crime, piracy, prison disturbances and armed conflict, and is relevant to issues of jurisdiction, extradition, mutual legal assistance, state responsibility and compliance with international humanitarian and human rights law.
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