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  • Law Commission second consultation on the Arbitration Act 1996

    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
    Closed 22 May 2023

  • Personal Injury Discount Rate: Exploring the option of a dual/multiple rate

    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
    Closed 11 April 2023

  • Totality guideline consultation

    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
    Closed 11 January 2023

  • Implementing the Nationality and Borders Act 2022: Amendments to tribunal fees

    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
    Closed 4 January 2023

  • Law Commission Consultation: Review of the Arbitration Act 1996

    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
    Closed 15 December 2022

  • Miscellaneous amendments to sentencing guidelines 2022

    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
    Closed 30 November 2022

  • Law Commission consultation on digital assets

    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
    Closed 25 November 2022

  • Child Cruelty Sentencing Guidelines Consultation

    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
    Closed 27 October 2022

  • Increasing the use of mediation in the civil justice system

    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
    Closed 4 October 2022

  • Motoring Offences Sentencing Guidelines Consultation

    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
    Closed 29 September 2022

  • Law Commission issues paper on remote driving

    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
    Closed 9 September 2022

  • Immigration legal aid: consultation for new fees for new services

    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
    Closed 5 September 2022

  • Sale of knives etc to persons under 18

    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
    Closed 24 August 2022

  • Proposed expansion of HMP Fosse Way

    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
    Closed 19 August 2022

  • Criminal Injuries Compensation Scheme Review: supplementary consultation

    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
    Closed 5 August 2022

  • Animal Cruelty Consultation

    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
    Closed 1 August 2022

  • Perverting the course of justice and Witness intimidation consultation

    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 Perverting the Course of Justice and Witness Intimidation offences? There currently is no guideline for perverting the... More
    Closed 22 June 2022

  • Response to Independent Review of Criminal Legal Aid

    In December 2021 the department published Sir Christopher Bellamy QC’s independent review into criminal legal aid. This explored what is working well and what more could be done to improve criminal legal aid for providers and the public. We want to: Use legal aid to increase the efficiency of the criminal justice system; Deliver fair pay for work done; and Increase the sustainability and stability of the criminal defence professions. ... More
    Closed 7 June 2022

  • Legal Aid Means Test Review

    In February 2019, the government announced a review of the means test for legal aid as part of the Legal Support Action Plan. This review has considered the legal aid means tests in the round, including the income and capital thresholds for civil and criminal legal aid eligibility, wider eligibility criteria (such as our approach to benefits recipients), and the income and capital contributions potentially payable towards the costs of legally aided representation. The proposals set out... More
    Closed 7 June 2022

  • Strategic Lawsuits Against Public Participation (SLAPPs)

    The Deputy Prime Minister has launched an urgent call for evidence in response to the challenges presented by the increasing use of a form of litigation known collectively as SLAPPs – Strategic Lawsuits Against Public Participation. SLAPPs can be characterised as an abuse of the legal process, where the primary objective is to harass, intimidate and financially and psychologically exhaust one’s opponent via improper means. These actions are... More
    Closed 19 May 2022

  • Human Rights Act Reform: a Modern Bill of Rights

    The Government has now issued an Easy Read version and an audio version of the consultation. We will be allowing for extensions until 19 April only for those who would be assisted by an Easy Read or audio version in order to respond. This includes organisations who solely or greatly represent the interests of those who would be assisted by an an audio or Easy Read version in order to respond. Please contact HRAreform@justice.gov.uk in order to request an extension. The consultation... More
    Closed 19 April 2022

  • Delivering justice for victims: A consultation on improving victims’ experiences of the justice system

    This consultation seeks to understand how we can improve victims’ experiences of the criminal justice system across England and Wales. This consultation is the first significant step towards a landmark ‘Victims’ Law’ - a Bill which will build on the foundations provided by the Victims’ Code to substantially improve victims’ experiences of the criminal justice system. It will make a tangible difference to ensuring all victims of crime receive the support they need through and... More
    Closed 3 February 2022

  • Outdoor marriages and civil partnerships

    This consultation seeks views on the government’s proposals to continue to permit outdoor civil marriages and civil partnerships on approved premises, and to permit outdoor religious marriages in the grounds of places of worship. Since July 2021, couples have been able to have their civil marriage and civil partnership proceedings outside, in the grounds of buildings such as stately homes and hotels which are approved or become approved for civil ceremonies. This was made possible... More
    Closed 24 January 2022

  • Mental Capacity Act: Small Payments Scheme

    It is a long-held legal principle that an adult must have proper legal authority to access or deal with property belonging to another adult. Where an adult has mental capacity, this legal authority can be provided by an ordinary power of attorney. Where the adult lacks mental capacity the Mental Capacity Act 2005 (MCA) provides the framework for them to grant legal authority by a lasting power of attorney while they still have mental capacity, or for third parties to obtain legal... More
    Closed 12 January 2022

  • Terrorism Offences Consultation

    The Need for Further Changes to the Terrorism Guidelines In March 2018 the Sentencing Council published the first package of terrorism sentencing guidelines. They came into force on 27 April 2018 and covered the following offences: Preparation of Terrorist Acts (Terrorism Act 2006, section 5) Explosive Substances (Terrorism Only) (Explosive Substances Act 1883, section 2 and section 3) Encouragement of Terrorism (Terrorism Act... More
    Closed 11 January 2022

  • Immigration legal aid fees and the online system: Call for Evidence

    The Ministry of Justice is seeking evidence on the role and features of the online system in the First-tier Tribunal (Immigration and Asylum Chamber), which will be used to inform the future policy on legal aid fees. The Ministry of Justice welcomes responses from all interested parties, to ensure that future fees are reflective of the introduction of the online system, and that legal aid practitioners are remunerated for their work in representing some of the most vulnerable... More
    Closed 2 December 2021

  • Miscellaneous amendments to sentencing guidelines

    What is this consultation about? The Sentencing Council has been in existence for over ten years and has built up a large body of sentencing guidelines that are in use in courts throughout England and Wales. There are inevitably issues that arise with existing guidelines over time and the Council has decided to hold an annual consultation on miscellaneous amendments to guidelines. This is the first of these annual consultations in which the Council seeks the views of guideline... More
    Closed 2 December 2021

  • Proposed new prisons in Wethersfield - Public Consultation

    The Ministry of Justice is seeking the views of residents and businesses on proposed plans for two new prisons in the Braintree District. Having reviewed a number of sites across the country, we believe that land at the Wethersfield Air Base Site in Braintree would be an appropriate location two new prisons. Before we progress with these proposals, we want to engage with you and your local community to ensure your views are considered and to share with... More
    Closed 8 November 2021

  • Dispute resolution in England and Wales: Call for Evidence

    This Call for Evidence is seeking evidence on Dispute Resolution from all interested parties, the judiciary, legal profession, mediators and other dispute resolvers, academics, the advice sector, court users. We are particularly interested in collecting evidence from individuals or organisations with data to share on the relevant questions; or those who have had experience of dispute resolution within and outside of the courts system to support the development of more effective dispute... More
    Closed 31 October 2021

  • Modernising Lasting Powers of Attorney

    The lasting power of attorney (LPA) was introduced in 2007. It was designed to provide more flexibility and greater protections than its predecessor, the enduring power of attorney (EPA). However, the world is changing and people increasingly want to access services digitally. Digital channels provide many opportunities to improve access and speed of service, but they also require us to think anew about the safeguards we put in place in such systems. It’s for... More
    Closed 13 October 2021
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