337 results
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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... MoreOpened 9 April 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... MoreOpened 28 March 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... MoreOpened 26 March 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... MoreOpened 26 March 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... MoreOpened 28 February 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... MoreOpened 14 February 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... MoreOpened 28 January 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... MoreOpened 28 January 2019 -
Revising the Mental Capacity Act 2005 Code of Practice: Call for evidence
The Mental Capacity Act (MCA) 2005 , covering England and Wales, is designed to protect and empower people who may currently lack the mental capacity to make their own decisions about their care and treatment; or who have capacity but wish to make preparations for a time when they may lack capacity in the future. It applies to people aged 16 and over. This legislation covers a wide range of decisions and circumstances, providing a flexible framework to ensure that individuals are placed... MoreOpened 24 January 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... MoreOpened 21 January 2019 -
Guardianship (Missing Persons) Act 2017: Implementing the Act
The Guardianship (Missing Persons) Act 2017 was passed to help families and others trying to cope with the effects of a disappearance of a loved one. The Act creates a legal framework for those left behind to secure the appointment of a trusted person to use and look after the property and financial affairs of the person who is missing. The purpose of this consultation paper is to obtain views from the people, businesses and organisations, who will be most affected by the system, on... MoreOpened 19 December 2018 -
Law Commission consultation on reinvigorating commonhold: the alternative to leasehold ownership
This is a public consultation by the Law Commission for England and Wales. Commonhold is an alternative form of property ownership which allows homeowners to own the freehold of their flats. Our commonhold project looks at aspects of the law of commonhold which may be preventing its uptake. For more information about this project, click here . We recommend that consultees read the consultation paper before responding... MoreOpened 10 December 2018 -
Review of enforcement agent (bailiff) reforms: call for evidence
This call for evidence asks about people’s experiences of the 2014 reforms which regulate how enforcement agents (bailiffs) operate. The government is conducting the second post-implementation review of regulations which were introduced in 2014 to regulate the operation of enforcement agents and the fees that they charge. The reforms implemented provisions in the Tribunals, Courts and Enforcement Act 2007. This call for evidence will feed into that review. We are interested in hearing... MoreOpened 25 November 2018 -
Law Commissions' consultation on Automated Vehicles: A Preliminary Consultation Paper
This is a public consultation by the Law Commission for England and Wales and the Scottish Law Commission. We are reviewing the regulatory framework for the safe deployment of automated vehicles in the UK. We recommend that consultees read the consultation paper before responding to the consultation. A shorter summary is also available. You can read our preliminary consultation paper here . You can read the summary of our... MoreOpened 8 November 2018 -
Law Commission Consultation on Employment Law Hearing Structures
This is a public consultation by the Law Commission for England and Wales. The project addresses the problem of shared and exclusive jurisdiction in the fields of discrimination and employment law. This has generated boundary issues between the courts and the Employment Tribunal System (the Employment Tribunal and the Employment Appeals Tribunal). The project also analyses the outdated and in some respects arbitrary limits on the Employment Tribunal’s jurisdiction in... MoreOpened 26 September 2018 -
Law Commission leaseholder survey
This leaseholder survey (link below) accompanies the main response form for the leasehold enfranchisement consultation that is being conducted by the Law Commission for England and Wales. That response form can be accessed at: https://consult.justice.gov.uk/law-commission/leasehold-homeownership The purpose of this survey is to collect information on the range of different leases held by current and former leaseholders in England and Wales, and on leaseholders’ experiences of... MoreOpened 20 September 2018 -
Law Commission consultation on leasehold home ownership: buying your freehold or extending your lease
This is a public consultation by the Law Commission for England and Wales. What is this consultation about? Leasehold enfranchisement law concerns those who own property on a long lease. The enfranchisement legislation gives these leaseholders several important rights: the right to extend their lease; the right to acquire the freehold of their house; and the right to acquire (collectively) the freehold of... MoreOpened 20 September 2018 -
Reform of the legal requirements for divorce
The breakdown of a marriage is a difficult time for families. The decision to divorce is often a very painful one. Where children are involved, the effects in particular where there is ongoing conflict, can be profound. Under current law in England and Wales, couples must either live apart for a substantial period of time before they may divorce, or else they must make allegations about their spouse’s conduct. This is sometimes perceived as showing that the other spouse is “at... MoreOpened 15 September 2018 -
Establishing an Independent Public Advocate
The government is committed to introducing an Independent Public Advocate who will act for bereaved families after a public disaster and support them at inquests and inquiries. This consultation sets out our proposals for the role of the Independent Public Advocate, exploring how they might best support bereaved families, and potentially others, to enable them to fully understand and engage in the investigation following a disaster. It seeks views on when the support of the... MoreOpened 10 September 2018 -
Amending the Advocates’ Graduated Fee Scheme
This consultation brings forward proposals for allocating an additional £15 million of spending to the Advocates’ Graduated Fee Scheme (AGFS). The AGFS is the fee scheme through which criminal defence advocates are paid for carrying out publicly funded work in the Crown Court. MoreOpened 31 August 2018 -
Law Commission consultation on the electronic execution of documents
This is a public consultation by the Law Commission for England and Wales. The law relating to signatures and other formal documentary requirements has a history spanning centuries. As far back as 1677, the Statute of Frauds required certain documents to be in writing and signed. It is still in force today. But the documents executed in today’s world are no longer the same as those used over 400 years ago. Individuals, consumers and businesses demand modern, convenient methods... MoreOpened 21 August 2018 -
Strengthening probation, building confidence
The Ministry of Justice is responsible for providing probation services in England and Wales. These are delivered via the public-sector National Probation Service and through contracts with Community Rehabilitation Companies. This consultation seeks feedback on proposed changes to the structure and content of these services. There will be a range of engagement activity planned throughout the consultation period: details can be found on GOV.UK. MoreOpened 27 July 2018 -
Review of legal aid for inquests
An inquest is a distinct judicial process. It is a public hearing held to determine who the deceased was, and how, when and where they died. It can be a traumatic ordeal for the bereaved, both in hearing how their loved ones died and through the frustration in the search for answers. However, that search to find out what happened is important in helping the bereaved to understand and make sense of their loss as well as ensuring that there is proper accountability. As such,... MoreOpened 19 July 2018 -
Part 39 Civil Procedure Rules: proposed changes
The proposed changes in this consultation are from the Civil Procedure Rule Committee (CPRC) but the consultation is being undertaken by the Ministry of Justice (MoJ). MoreOpened 12 July 2018 -
Transforming the response to domestic abuse (Sign Language version)
This consultation seeks to address domestic abuse at every stage from prevention through to rehabilitation. It references the connections and provisions of cross-sector agencies and departments and reinforces the Government’s aim to make domestic abuse everyone’s business. MoreOpened 28 June 2018 -
General sentencing guideline for use where there is no offence specific guideline
What is this consultation about? The Sentencing Council is consulting on a draft General sentencing guideline for use where there is no offence specific guideline. A link to the draft guideline can be found here . What is the Sentencing Council? The Sentencing Council is the independent body responsible for developing sentencing guidelines for the courts to use when passing a sentence. The Council’s remit extends to allow consultation on the sentencing of offenders... MoreOpened 19 June 2018 -
Public Order Offences
What is the Sentencing Council? The Sentencing Council is the independent body responsible for developing sentencing guidelines for the courts to use when passing a sentence. Part of the Council’s remit [1] is to conduct public consultations on guidelines for the sentencing of offenders. Why Public Order offences? Public order offences are high volume offences both in the magistrates’ courts and Crown Court. In 2016 there were 22,500 adult offenders sentenced for these... MoreOpened 9 May 2018 -
Reconsideration of Parole Board decisions: Creating a new and open system
In January 2018, the Secretary of State launched a Review into the law, policy and procedure relating to parole decisions, focussing on the following four work strands: the law, policy, guidance and practice relating to challenges to Parole Board decision making the transparency of Parole Board decision making victim involvement in Parole Board hearings arrangements for communicating with victims As a result, we have concluded that, in certain circumstances,... MoreOpened 28 April 2018 -
Arson and Criminal Damage Offences Guidelines
What is the Sentencing Council? The Sentencing Council is the independent body responsible for developing sentencing guidelines for the courts to use when passing a sentence. The Council’s remit extends to allow consultation on the sentencing of offenders following conviction. Why arson and criminal damage offences? Currently the Magistrates’ Court Sentencing Guidelines (MCSG) contains limited guidance for the sentencing of arson, criminal damage and racially or religiously... MoreOpened 27 March 2018 -
Transforming the response to domestic abuse
Joint Home Secretary and Justice Secretary foreword All forms of violence and abuse are unacceptable but it is particularly shocking when it is carried out by those who are supposedly closest to the victims, and by those who profess to love the very people that they subject to terrible psychological, emotional and physical abuse. Domestic abuse impacts on victims’ everyday lives, can feel inescapable and have devastating inter-generational consequences on children. Both women and... MoreOpened 8 March 2018
337 results.
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