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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.

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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.

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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.

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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

Bestiality

Bestiality describes sexual activity between a person and a non‑human animal. In legal practice it denotes the criminal offence of engaging in intercourse or other sexual acts with an animal.

Across the UK and Ireland this conduct is prohibited by statute: in England and Wales under the Sexual Offences Act 2003 (using the term “intercourse with an animal”); in Scotland under the Sexual Offences (Scotland) Act 2009; in Northern Ireland under the Sexual Offences (Northern Ireland) Order 2008; and in Ireland under the Criminal Law (Sexual Offences) Act 2017 (using “sexual act with an animal”). “Bestiality” is therefore a descriptive label rather than the modern statutory wording, but it remains widely used in legal commentary, charging language and case reporting.

Key features include intentional performance of the sexual act; an animal’s “consent” is legally irrelevant. Associated offending often arises, including animal welfare offences (e.g., causing unnecessary suffering) and offences concerning extreme pornographic images depicting sexual activity with animals.

Practical significance includes prosecution and sentencing under the relevant sexual offences legislation, consideration of ancillary orders (such as Sexual Harm Prevention Orders) and, in appropriate cases, disqualification from owning or keeping animals. The core prohibition is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though terminology and maximum penalties vary.

Human rights

Human rights are the fundamental rights and freedoms to which every person is entitled in law, often relied on in litigation, advisory work and public decision-making. In the UK, many core civil and political rights are protected through the European Convention on Human Rights (ECHR), given effect domestically by the Human Rights Act 1998 (HRA). The HRA allows individuals in England and Wales, Scotland and Northern Ireland to enforce Convention rights against public authorities, and requires courts to interpret legislation compatibly with those rights so far as possible. In Ireland, human rights derive from the Constitution, the ECHR (incorporated by the European Convention on Human Rights Act 2003) and EU law, alongside international human rights treaties. Common issues include proportionality, positive obligations, horizontal effect, and the interplay between human rights, constitutional law, judicial review and data protection. Human rights arguments frequently arise in criminal law, immigration and asylum, policing, prisons, community care, mental health, equality and discrimination, freedom of expression, family law and public inquiries. Usage of “human rights” is broadly consistent across the UK and Ireland, though the constitutional framework, remedies and interpretative techniques differ by jurisdiction.

Parole

Parole refers to the conditional release of a prisoner before the end of their custodial sentence, subject to supervision and compliance with specified licence conditions. It allows an offender to serve the remainder of their sentence in the community, with recall to prison possible if conditions are breached or risk increases.

In England and Wales, “parole” is closely linked to the work of the Parole Board under the Criminal Justice Act 2003 and related legislation, particularly for indeterminate and certain extended or long determinate sentences. In Northern Ireland, parole functions similarly, with decisions involving the Parole Commissioners under the Criminal Justice (Northern Ireland) Order 2008. In Scotland, the process is administered by the Parole Board for Scotland under the Prisoners and Criminal Proceedings (Scotland) Act 1993. In Ireland, comparable early release mechanisms exist under the Criminal Justice Act 1960, with proposed reforms towards a statutory Parole Board.

Across these jurisdictions, key issues include risk assessment, public protection, rehabilitation, licence conditions, recall procedures, and the prisoner’s right to make representations and, in some cases, to legal representation at parole hearings.
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