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NEWS
The Ministry of Justice (MoJ) has reported that the new Lord Chancellor, Shabana Mahmood, has set out to tackle the ‘impending collapse’ of the criminal justice system. Mahmood plans to address the prison capacity crisis, which, if ignored, the MoJ notes could lead to delays in sending offenders to jail, leaving the public at risk of ‘unchecked criminality’. The Lord Chancellor has confirmed that the End of Custody Supervised Licence scheme will come to an end and instead the government will temporarily reduce the amount of specific custodial sentences served in prison from 50% to 40%. Mahmood has also announced plans to recruit over 1,000 additional trainee probation officers by March 2025.
NEWS
The Ministry of Justice (MoJ) has reported on plans to increase sentencing powers of magistrates to help ease the prison crisis and deal with the backlog in courts. MoJ has reported that the Lord Chancellor has confirmed plans to enable magistrates to sentence offenders to up to 12 months in custody for a single offense, an increase from the current six month limit. This is expected to help save 2,000 days in the Crown Court, to allow more time for serious and complex cases. The statutory instrument to increase sentencing powers is due to be laid on 28 October 2024, with the changes expected to come into force on 18 November 2024.
NEWS
The Ministry of Justice (MoJ) has reported on amendments to the Victims and Prisoners Bill which will allow victims of serious crimes committed by those with mental disorders to explain the impact the offence has had on them. MoJ indicates that survivors will have an opportunity to make a 'victim impact statement' during the Mental Health Tribunal process and request release conditions. Additionally, the amendments impose a statutory duty and place police and criminal justice agencies under greater scrutiny as they will be required to inform victims of their rights under the Victims' Code and deliver services accordingly. The Victims' Commissioner will oversee compliance and will require minister to consult them when agencies fail to deliver the required standard of service ahead of being issued with 'notifications of non-compliance'. Further amendments include the requirement to consult the Victims' Commissioner on all changes to the Victims' Code, a requirement for ministers to review agencies' compliance with the Victims' Code and publish non-compliance notifications, a duty for ministers to publish annual reports on compliance and clarification that confidentiality clauses cannot be enforced if they prevent victims from reporting a crime.
NEWS
The Ministry of Justice (MoJ) has reported on how the government is urging top accountancy firms to recruit prison leavers as part of a national campaign. MoJ has said that employment of the prison leavers will help reduce reoffending, grow the economy and reduce the £18bn cost of re-offending. KPMG UK is one of the firms joining the government’s efforts to reduce the £18bn cost of re-offending by employing prison-leavers.
NEWS
The Ministry of Justice has responded to the Joint Committee on Human Rights’ (JCHR) eighth report of session 2024–26 on a proposed Remedial Order to amend section 9(3) of the Human Rights Act 1998 (HRA 1998) in relation to judicial immunity, alongside an updated draft Human Rights Act 1998 (Remedial) Order 2026. The proposed amendment seeks to implement the European Court of Human Rights (ECtHR) judgment in SW v UK, in which the Court found violations of Article 8 (right to respect for private and family life) and Article 13 (right to an effective remedy), where a judicial act done in good faith breached procedural fairness and no damages were available under domestic law. The updated draft Remedial Order has been laid before Parliament for approval.
NEWS
The Ministry of Justice (MoJ) has issued a response to the Justice Committee's report on the constitutional relationship with the Crown Dependencies. Key commitments include improving awareness of the relationship across Whitehall, reviewing guidance on extending UK legislation to the Dependencies, and clarifying the use of permissive extent clauses. The government pledged to seek extension mechanisms in future trade agreements to facilitate the Dependencies' participation and to streamline the Royal Assent process for Guernsey legislation. The response also emphasised the need for ongoing consultation with the Dependencies on UK legislation affecting them, while maintaining that the inclusion of a permissive extent clause in the Fisheries Act 2020 was constitutionally sound.
NEWS
The Ministry of Justice (MoJ) has announced a call for evidence as part of Sir Brian Leveson's independent review of the criminal courts. A new 'Engagement' section has been added, inviting stakeholders to submit their views on any aspect of the review by 31 January 2025. Sir Brian encourages ambitious and innovative ideas that challenge current thinking or highlight best practices. This update provides an opportunity for legal practitioners and other interested parties to contribute to the ongoing review of the criminal court system in England and Wales.
NEWS
Deputy Prime Minister, David Lammy, has outlined a programme of criminal justice reforms aimed at delivering a faster and more consistent system, advancing measures put forward in Part 2 of Sir Brian Leveson’s Independent Sentencing Review of the Criminal Courts. Measures include the introduction of a National Listing Framework to standardise case scheduling among courts, and the rollout of ‘Blitz’ courts to fast-track specific case types, beginning with older assault cases against emergency workers in London from April 2026. In his speech, Lammy also set out plans to expand use of AI to better support the courts, increase the use of online hearings, and enhance case coordination across Crown Courts, as part of wider efforts to tackle criminal court delays and deliver faster justice for victims.
NEWS
On 14 November 2024, the Ministry of Justice (MoJ) and Home Office of the United Kingdom signed a Memorandum of Understanding (MoU) with the Ministry of Justice of the Republic of Poland in Warsaw. This agreement aims to enhance cooperation and mutual learning on criminal justice matters between the two nations. The MoU encompasses several key areas, including mutual legal assistance, the surrender of individuals based on arrest warrants, support for victims, the transfer of sentenced persons, the exchange of criminal record information and the protection and promotion of human rights. This collaborative effort seeks to strengthen the criminal justice systems of both countries through shared expertise and resources.
NEWS
The Ministry of Justice (MoJ) has announced that it will introduce the Sentencing Guidelines (Pre-sentence Reports) Bill to prevent new Sentencing Council guidelines from taking effect. The legislation aims to block provisions that would create different approaches to pre-sentence reports based on race, culture or religion. The Bill follows formal objections raised by the Lord Chancellor to the Sentencing Council and will apply to England and Wales. The government is seeking expedited parliamentary passage to ensure the guidelines do not come into force.
NEWS
The Ministry of Justice (MoJ) has introduced two significant updates to the Criminal Procedure Rules forms. A new form for applications to inspect and copy bank records has been added under Part 17 witness summonses, warrants and orders. The Application for a special measures direction under Part 18 has been updated and now includes a supplementary form for confidential information. These forms are designed to support criminal case management in England and Wales courts and must be used in accordance with the relevant Criminal Procedure Rules and associated legislation.
NEWS
The Ministry of Justice (MoJ) has introduced the Crown Court (Amendment No. 2) Rules 2024, effective from 2 December 2024. These rules amend the Crown Court Rules 1982 to establish procedures for appeals against magistrates' court orders concerning the seizure and forfeiture of cryptoassets. This update follows amendments to the Proceeds of Crime Act 2002 and the Anti-terrorism, Crime and Security Act 2001, introduced by the Economic Crime and Corporate Transparency Act 2023. The new rules facilitate the Crown Court's handling of appeals related to the confiscation of criminal and terrorist property in the form of digital assets such as Bitcoin.