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328 results

  • Law Commission consultation on consumer sales contracts: transfer of ownership

    This is a public consultation by the Law Commission for England and Wales. We are consulting on a draft Bill to reform the rules on the transfer of ownership of goods as they apply to consumers. The draft Bill seeks to implement recommendations we made in our 2016 report, Consumer prepayments on retailer insolvency, available here . We are seeking views on whether the draft Bill successfully implements the recommendations we made in our 2016 Report, and the impact of... More
    Closed 31 October 2020

  • Consultation on the mandatory retirement age for judicial office holders

    The UK justice system is known across the world for its excellence, objectivity and impartiality. This is due, in no small part, to the exceptional expertise of our courts and tribunal judges, our coroners, and our valued magistrates. Our independent judiciary uphold and exercise the rule of law every day, often on the most difficult legal, technical and sometimes moral issues of our time, underpinning the foundation of our democracy, and helping safeguard fairness and freedom in our... More
    Closed 16 October 2020

  • Criminal Injuries Compensation Scheme Review 2020

    The Criminal Injuries Compensation Scheme (the Scheme) is a statutory scheme that exists to compensate victims of violent crime in Great Britain. Its core purpose is to recognise, through compensation, the harm experienced by victims injured as a result of violent crime, including physical and sexual assault as well as domestic terrorist attacks. The Scheme was last reviewed in 2012. The cross-Government Victims Strategy of September 2018 included undertakings to do more for... More
    Closed 9 October 2020

  • Strengthening the Independent Scrutiny Bodies through Legislation

    This consultation explores a number of options to strengthen the Arm’s Length Bodies’ ability to scrutinise and improve accountability within the criminal justice system, more specifically relating to prisons, probation and custodial settings . It also considers extending the tenure of the interested senior public appointees, as well as placing the National Preventive Mechanism on a statutory footing. Please note that this is not a public consultation but is... More
    Closed 30 September 2020

  • Assault Offences

    Why Assault offences? The Sentencing Council’s Assault Definitive Guideline was the first guideline developed by the Sentencing Council and came into force in 2011. It includes guidelines for sentencing offences under the Offences Against the Person Act 1861: section 18 GBH (causing grievous bodily harm/wounding with intent); section 20 GBH (inflicting grievous bodily harm/unlawful wounding); section 47 ABH (Assault occasioning actual bodily harm) and section 38 Assault with... More
    Closed 15 September 2020

  • What next for the Sentencing Council?

    Public consultation to help shape the future objectives and priorities of the Sentencing Council. **The closing date of this consultation has been extended to 9 September 2020** More
    Closed 9 September 2020

  • Proposal on the future of Medway County and Family Court

    Update: 27 January 2021 The consultation explained that the lease of Anchorage House was due to expire at the end of January 2021. Following negotiations between the landlord of the building and HMCTS, a lease extension has now been agreed to the end of June 2021. Medway County and Family Court will continue to operate as normal until that time, at which point we will be required to vacate the property. Once the process of analysing the consultation responses is complete,... More
    Closed 11 August 2020

  • Criminal Legal Aid Review: An accelerated package of measures amending the criminal legal aid fee schemes

    This consultation was extended on 27 March until further notice due to the Covid-19 pandemic; the consultation will now close on Wednesday 17 June. Criminal defence practitioners play a crucial role in upholding the rule of law. As a former criminal barrister, I greatly value the huge contribution the criminal defence profession makes to our society. I understand the pressures you are under and the need to ensure that you are paid fairly for the work you do. ... More
    Closed 17 June 2020

  • Consultation on Improving the Victims’ Code

    As a result of the coronavirus outbreak, this consultation has been extended and will now run until 28 May 2020. Being a victim of crime can be life-changing, and how people are treated within the justice system can make a huge difference to their ability to cope and recover. As Victims’ Minister I believe it is crucial that victims receive the help and support they need, but this should not be at the expense of them being treated with respect and sensitivity. Following a... More
    Closed 28 May 2020

  • Drug Offences Consultation

    Why Drug offences? The Sentencing Council’s Drug Offences Definitive guideline came into force in February 2012. It includes guidelines for sentencing offences of importation/exportation, supply, possession with intent to supply, production, permitting premises to be used, and possession, all relating to drugs controlled under the Misuse of Drugs Act 1971 (the MDA). The Council evaluated the guideline and published its assessment in June 2018. The evaluation found... More
    Closed 7 May 2020

  • Proposed rule changes relating to contempt of court: redraft of CPR Part 81

    The Civil Procedure Rule Committee (CPRC) is considering whether amendments should be made to Civil Procedure Rules Part 81 concerning the practices and procedures on contempt of court. Given the wide-ranging nature of the rules on contempt, this is a cross-jurisdictional, public consultation aimed at all users and potential users of not only the civil justice system in England and Wales, but also other jurisdictions, including people with an interest in procedural... More
    Closed 1 May 2020

  • Changes to the Magistrates’ Court Sentencing Guidelines and associated explanatory materials

    What is this consultation about? The Sentencing Council has received suggestions from guideline users in magistrates’ courts on improvements that could usefully be made to guidelines and the explanatory materials that accompany them. The Council has considered these helpful suggestions and has produced this short consultation paper in order to seek the views of a wide range of guideline users on the proposals. The proposed changes relate chiefly to the Magistrates’... More
    Closed 15 April 2020

  • Law Commission Consultation on Automated Vehicles: Passenger services and public transport

    This is a public consultation by the Law Commission for England and Wales and the Scottish Law Commission. The consultation questions are drawn from our second consultation paper published as part of a three-year review of automated vehicles. For more information about this project, click here . The focus of our second consultation paper is how passenger-only automated vehicles might be used to supply passenger transport services to the public. We recommend that... More
    Closed 3 February 2020

  • Housing Possession Court Duty Scheme: Towards a more sustainable service

    The government is consulting on proposals to change the Housing Possession Court Duty Scheme. The aim of these proposals is to ensure that the Scheme is sustainable into the future, in order to maintain this vital service for those who need it. The key proposals in this consultation are: Contracting for individual courts rather than larger geographical areas Allowing providers to claim for the scheme fee in addition to the follow up Legal Help fee ... More
    Closed 3 January 2020

  • Terrorism Guideline Consultation

    Why Terrorism Again? The Sentencing Council issued a package of definitive terrorism guidelines in March 2018 which came into effect on 27 April 2018. At the time of developing the current guidelines, the Council was aware that the Government was contemplating changes to terrorism legislation which could impact on sentencing guidelines. At the time of publication, the Government was yet to announce the introduction of a Bill which might take forward the changes and... More
    Closed 3 December 2019

  • Law Commission call for evidence on intermediated securities

    This is a public consultation by the Law Commission for England and Wales. Shares and bonds are increasingly held through a system of “dematerialisation” and “intermediation”. In other words, most paper certificates have been replaced by a system in which most investors “own” securities indirectly, through computerised credit entries held through a chain of intermediaries. However, this system of intermediated securities has been the subject of criticism over issues of... More
    Closed 5 November 2019

  • Consultation in relation to the treatment of Calderbank offers when determining issues relating to costs

    The Family Procedure Rule Committee (FPRC) established a judicially-led working group (the Costs Working Group) in November 2018 to undertake a review, and to engage in ‘blue sky thinking’ in relation to the functioning of the current costs regime in financial remedies cases, and, where appropriate, to make recommendations for reform of the Family Procedure Rules 2010 (FPR 2010). One key area concerned encouraging parties to engage reasonably and responsibly in... More
    Closed 31 October 2019

  • The Law Commissions' Consultation on Surrogacy

    This is a joint public consultation by the Law Commission of England and Wales and the Scottish Law Commission. The Law Commissions are reviewing the law and regulation of surrogacy. Surrogacy is the practice of a woman (the "surrogate") agreeing to become pregnant, and deliver a baby, with the intention of handing him or her over shortly after birth to another set of parents (the "intended parents"), who will care for, and raise, the child. For more information about this... More
    Closed 11 October 2019

  • Proposals for revising the Code of Practice for Victims of Crime

    Becoming a victim of crime is often a traumatic experience, which can have a profound and deeply personal impact on the victim. How people are treated immediately after a crime, and subsequently within the justice system, can make an important difference, not just in helping them play their part in seeing justice delivered, but in helping them to move on from what has happened. Our justice system is highly respected around the world. We want to continue to build on this to... More
    Closed 11 September 2019

  • Assessing risk of harm to children and parents in private law children cases

    Progress update The call for evidence has now closed and the panel are considering the vast amount of evidence gathered. They aim to publish their findings in the coming months. A Progress Update can be found in the Related section of this page detailing the panel’s work to date and next steps. Overview On 21 May 2019 the Ministry of Justice (MOJ) announced a public call for evidence steered by a panel of experts from across family justice, to gather evidence... More
    Closed 27 August 2019

  • Overarching Principles: Sentencing offenders with Mental Health Conditions or Disorders 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. What is this consultation about? The Council has developed a draft guideline for courts to use when sentencing offenders with... More
    Closed 9 July 2019

  • Consultation on coronial investigations of stillbirths

    A stillbirth is a tragedy which has a profound effect upon bereaved families. We are committed to ensuring that, wherever possible we do all we can to ensure that when such a tragedy occurs, lessons are learnt and changes made to prevent avoidable stillbirths in the future. Our rates of stillbirth are the lowest on record but they are still higher than some other comparable countries, which have succeeded in bringing rates down even further. There is much to be proud of in... More
    Closed 18 June 2019

  • Consultation on coronial investigations of stillbirths (short version)

    A stillbirth is a tragedy which has a profound effect upon bereaved families. We are committed to ensuring that, wherever possible we do all we can to ensure that when such a tragedy occurs, lessons are learnt and changes made to prevent avoidable stillbirths in the future. Our rates of stillbirth are the lowest on record but they are still higher than some other comparable countries, which have succeeded in bringing rates down even further. There is much to be proud of in... More
    Closed 18 June 2019

  • Fixed recoverable costs consultation

    This is a consultation on extending Fixed Recoverable Costs in civil cases in England and Wales, following Sir Rupert Jackson’s 2017 report. Fixed Recoverable Costs (FRC) prescribe the amount of damages that can be claimed back from a losing party in civil litigation; they are a way of controlling the legal costs by giving certainty in advance (by reference to grids of costs). The civil justice system in England and Wales has a ‘loser pays’ model, whereby the... More
    Closed 6 June 2019

  • Expanded Explanations in Sentencing Guidelines

    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 its proposed guidelines before they come into force and makes changes to the guidelines as a result of consultations. What is this consultation about? The Council is proposing to embed additional information into offence specific sentencing... More
    Closed 23 May 2019

  • Future Provision of Medical Reports in Road Traffic Accident related personal injury claims

    The government is conducting a short, focused consultation to seek views on a revised medical reporting process for unrepresented claimants. As part of its whiplash reform programme, the government is making changes via the Civil Procedure Rules to increase the small claims track limit for road traffic accident (RTA) related personal injury claims to £5,000. To support this change, a new IT Platform is being designed to enable unrepresented... More
    Closed 17 May 2019

  • Law Commission consultation on simplifying the Immigration Rules

    This is a public consultation by the Law Commission for England and Wales. Topic of this consultation: This consultation paper reviews the Immigration Rules in order to identify the underlying causes of their complexity, and to identify principles under which they can be redrafted to make them simpler and more accessible. It makes a number of preliminary proposals to pave the way for the introduction and maintenance of clear, comprehensible and logically... More
    Closed 3 May 2019

  • Enforcement of possession orders and alignment of procedures in the county court and high court

    The Civil Procedure Rule Committee (“CPRC”) is responsible, under the provisions of the Civil Procedure Act 1997 (“the 1997 Act”), for making rules of court governing the practice and procedure to be followed in the High Court and the County Court, and to do so with a view to securing that the system of justice is accessible, fair, and efficient, and that the rules are both simple and simply expressed. In consequence the CPRC seeks to keep the Civil Procedure Rules and their... More
    Closed 2 May 2019

  • Law Commission consultation on RTM: Leasehold home ownership: exercising the right to manage

    This is a public consultation by the Law Commission of England and Wales. The right to manage (“RTM”) was introduced to give leaseholders control over the management of their buildings. Leaseholders can set up an RTM company, which can then acquire the landlord’s management functions. Once the transfer occurs, the leaseholders become responsible for things such as collecting and managing the service charge and the upkeep of communal areas. However, the current... More
    Closed 30 April 2019

  • Law Commission survey on exercising the right to manage

    This survey accompanies the consultation on exercising the right to manage (“RTM”) being conducted by the Law Commission for England and Wales. The purpose of this survey is to collect information on leaseholders' experiences of the current RTM process. This information will provide part of the evidence base we will use to make our final recommendations for reforming the law. In our consultation paper we ask a number of policy questions about how the law on the RTM should be... More
    Closed 30 April 2019
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