This consultation proposes a series of reforms to the fees payable in the Supreme Court of the United Kingdom. These reforms will secure additional resources that will go directly towards supporting the Supreme Court’s operation. In doing so, this will support the Supreme Court in its important constitutional role as the final court of appeal in the United Kingdom. The aims of these proposals are:
to ensure a straightforward system for applicants to understand and the...More
This is a public consultation by the Law Commission for England and Wales.
The Law Commission is conducting a review of the law, guidance, and practice relating to the trial process in prosecutions of sexual offences and considering the need for reform in order to increase the understanding of consent and sexual harm and improve the treatment of victims while ensuring that defendants receive a fair trial.
For more information about this project, click here .
...More
This paper sets out for consultation the current system of youth remand funding and asks for views about how funding can be used to meet the youth justice system’s aim of preventing offending and reoffending by children and young people. The consultation is aimed at Local Authorities, Youth Offending Teams (YOTs) and others working with children in the youth justice system in England and Wales.
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This public consultation invites views on the operational impact and workability of the newly drafted Code of Practice for the statutory two-tier framework of Out of Court Disposals, as set out in The Police, Crime, Sentencing and Courts (PCSC) Act 2022.
Out of Court Disposals (OOCDs) is the term used for a range of pre-charge sanctions, used by Police and other prosecution agencies to deal with less serious offending. The PCSC Act 2022 set out reforms to replace the current framework of...More
We are seeking stakeholder input on several issues of relevance to those who commission and/or provide medical reports used in support of RTA related PI claims valued up to £5,000. Specifically, we are seeking views on:
revised qualifying criteria for medical reporting organisations (MROs) and rules for medical experts who accept direct instructions (DMEs)
the number and type of MROs and/or DMEs ‘offered’ to both represented and unrepresented claimants when...More
This consultation seeks to gather views on potential changes to the scope and time limits of the Criminal Injuries Compensation Scheme 2012 (the Scheme) in response to the recommendations of the Independent Inquiry into Child Sexual Abuse.
We previously undertook a public consultation in 2020 on recommendations from a review of the Scheme. In this, we sought views on proposals to improve the experience of victims applying to the Scheme, by making it simpler and easier to...More
This consultation is open to the public and seeks to gather views on how the government will manage the process of applying a time limit on funds paid into the Court Funds Office for civil claims which remain unclaimed for 30 years or more and returning the funds to the Exchequer.
The consultation is aimed at users of the Court Funds Office services, judiciary, court and tribunal services, heir hunter firms or members of the public with an interest in or views on the subject covered...More
The consultation is aimed at anyone with an interest in the provision of immigration and asylum legal aid, specifically the work impacted by the Home Office’s Illegal Migration Bill (IMB). This includes, but is not limited to, members of the legal profession and their professional representative bodies, and legal services regulators.
The Ministry of Justice has published a consultation paper outlining the proposal that for all work undertaken pursuant to Clause 55 of the IMB,...More
This is a public consultation by the Law Commission for England and Wales.
The Law Commission is conducting a review of the law, guidance, and practice relating to the trial process in prosecutions of sexual offences and considering the need for reform in order to increase the understanding of consent and sexual harm and improve the treatment of victims while ensuring that defendants receive a fair trial.
For more information...More
This is a public consultation by the Law Commission for England and Wales.
The Law Commission is conducting a review of the law, guidance, and practice relating to the trial process in prosecutions of sexual offences and considering the need for reform in order to increase the understanding of consent and sexual harm and improve the treatment of victims while ensuring that defendants receive a fair trial.
For more information about this project,...More
The independent office of Senior President of Tribunals (SPT) provides leadership to the tribunals judiciary. Since the creation of the statutory office, the senior judiciary across the courts and tribunals have taken forward a number of initiatives to bring the courts and tribunals closer together (the ‘One Judiciary’ programme) and shape a modern justice system.
To give further support to One Judiciary, the Government proposes to replace the existing office of...More
This is a public consultation by the Law Commission for England and Wales.
This project reviews the Arbitration Act 1996, to consider whether any reform is necessary, to ensure the Act remains state of the art. This is our second consultation paper.
For more information about this project, click here .
We recommend that consultees read the second consultation paper before responding to the consultation. A shorter...More
A consultation on resolving families’ disputes earlier through family mediation.
This consultation is open to all. We would be particularly interested to hear from organisations representing separating families, family justice professionals, mediation service providers, other dispute resolution service providers and individuals who have lived experience of the family courts or mediation.
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This consultation seeks views on a number of changes to the ‘Help with Fees’ remission scheme for courts and tribunal fees.
This consultation proposes a series of reforms to make the Help with Fees scheme more generous, target financial assistance at those most in need, whilst providing value for money for the taxpayer. The key changes are to:
Raise the income thresholds for determining eligibility
Revise the...More
This call for evidence examines how a dual/multiple personal injury discount rate system might work and what its effects on claimants and defendants might be.
It is aimed at people with an interest in high value personal injury claims in England and Wales and how damages awarded are invested.
The call for evidence closed on 11 April 2023 and a response document has now been prepared and published. The response document summarises the submissions received from stakeholders but does...More
The implementation of the Nationality and Borders Act 2022 will introduce new forms of appeal routes in the Immigration and Asylum Chambers of the First-tier and Upper Tribunal.
This consultation seeks views on a number of changes to the fees structure in force in the Immigration and Asylum Chambers of the First-tier and Upper Tribunal.
The consultation will run for 6 weeks and closes on 4 January 2023.
We look forward to hearing the views of those with an interest in these...More
This is a call for evidence by the Law Commission for England and Wales.
The Law Commission has been asked to undertake a 15-month scoping study to explore and describe the current treatment of DAOs under the law of England and Wales and identify options for how they should be treated in law in the future in a way which would clarify their status and facilitate uptake. Given the myriad DAO implementations, the scoping study might identify different “types” or...More
What is this consultation about?
The Sentencing Council is proposing to revise the Totality guideline. In summary, when sentencing an offender for more than one offence, or where the offender is already serving a sentence, courts must consider whether the total sentence is just and proportionate to the overall offending behaviour. The Totality guideline sets out the principles to be followed, the approach for different types of sentence and gives examples of how sentences should...More
This is a public consultation by the Law Commission for England and Wales.
This project reviews the Arbitration Act 1996, to consider whether any reform is necessary, to ensure the Act remains state of the art.
For more information about this project, click here .
We recommend that consultees read the consultation paper before responding to the consultation. A shorter summary is also available. Both are...More
What is this consultation about?
The Sentencing Council has built up a large body of sentencing guidelines and accompanying materials that are in use in courts throughout England and Wales. Over time guidelines require updating because users have pointed out issues (often using the feedback function on all guidelines) or case law or new legislation may render aspects of guidelines out of date. The Council therefore holds an annual consultation on miscellaneous amendments to...More
What is this consultation about?
The Sentencing Council proposes to amend its existing sentencing guidelines for child cruelty offences, to reflect recent changes to the statutory maximum penalties. These offences are:
Causing or allowing a child to die or suffer serious physical harm (contrary to section 5 of the Domestic Violence, Crime and Victims Act 2004); and
Cruelty to a child (contrary to section 1(1) of the Children and Young Persons Act...More
The Ministry of Justice is seeking the views of residents and businesses on proposed plans to expand HMP Fosse Way.
Having reviewed where we may be able to provide extra places to keep up with demand, we believe it would be possible to expand HMP Fosse Way using the northern compound of the existing site, which is owned by the Ministry of Justice.
Before we progress with these proposals, we want to engage with you and your local community to ensure your...More
This is a public consultation by the Law Commission for England and Wales.
The UK Government asked the Law Commission to make recommendations for reform to ensure that the law is capable of accommodating both crypto-tokens and other digital assets in a way which allows the possibilities of this type of technology to flourish.
We published our consultation paper on digital assets on 28 July 2022. We argue that the law of England and Wales has gone some way to...More
This document sets out the Government’s proposal to introduce a requirement to attempt mediation for all proceedings allocated to the small claims track of the County Court. This is the case management process that applies to most types of claims valued under £10,000, although the level is lower for personal injury and housing disrepair claims.
Under the Government’s proposal, unless an exemption is granted by the court, all parties to a defended small claim (the phrase...More
What is the Sentencing Council?
The Sentencing Council is the independent body responsible for developing sentencing guidelines which courts in England and Wales must follow when passing a sentence. The Council consults on proposed guidelines before they come into force and makes changes to the guidelines as a result of consultations.
Why motoring offences?
The existing sentencing guidelines for motoring offences were published in 2008 by the Sentencing Guidelines...More
The Law Commission for England and Wales invites responses to its remote driving issues paper published on 24 June 2022.
The Law Commission is considering the law surrounding remote driving, where a person outside a vehicle uses wireless connectivity to control a vehicle on a public road. The Centre for Connected and Autonomous Vehicles (CCAV) and the Department for Transport have asked us to clarify the current legal status of remote driving and consider...More
This consultation proposes new fees to ensure that immigration legal aid fees properly reflect the changes coming to the immigration system.
The government invites all interested in the delivery of legally-aided asylum and immigration services to respond to this consultation on new immigration legal aid fees.
Access to legal aid is an important part of a firm but fair immigration system, and this includes ensuring that immigration legal aid fees reflect the essential work...More
A consultation on the unspent convictions eligibility rule of the Criminal Injuries Compensation Scheme 2012.
This consultation seeks to gather views on whether or not to revise the unspent convictions eligibility rule of the Criminal Injuries Compensation Scheme 2012 (the Scheme).
Unspent convictions may result in an applicant’s compensation award being reduced or withheld depending on the sentence that has been imposed for the offence committed. The current rule in the...More
What is this consultation about?
The Sentencing Council is proposing to issue two guidelines for the offence of the sale of knives etc to persons under 18 contrary to section 141A of the Criminal Justice Act 1988; one for sentencing individuals and one for sentencing organisations.
What is the Sentencing Council?
The Sentencing Council is the independent body responsible for developing sentencing guidelines which courts in England and Wales must...More
What is this consultation about?
The current sentencing guideline for animal cruelty, which can be found here , encompasses offences contrary to the following sections of the Animal Welfare Act 2006: section 4 (unnecessary suffering), section 8 (fighting, etc.) and section 9 (breach of duty of person responsible for animal to ensure welfare). The guideline was last revised in 2017 and, until 2021, the offences it covered were summary only, triable in magistrates’ courts and...More