337 results
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Fraud, bribery and money laundering offences draft guideline
The Sentencing Council is updating guidance for courts so that all fraud offences are covered by a consistent set of guidelines that will also deal with corporate offenders. The Council is seeking the views of as many people as possible interested in the sentencing of fraud, bribery and money laundering offences, particularly in respect of: the principal factors that make any of the offences included within the draft guideline more or less serious; the additional factors... MoreOpened 27 June 2013 -
Review of Legal Services Regulation
To obtain more information about the challenges legal service providers face the Ministry of Justice is conducting a review of the legal services statutory framework. The review, part of the Government's red tape challenge, will consider what could be done to simplify the regulatory framework and reduce unnecessary burdens on the legal sector while ensuring there is still appropriate oversight. Further info can be found on the cabinet office red tape challenge website. MoreOpened 10 June 2013 -
Crime and Courts Act 2013: Consultation on the application of the equal merit provision
The Judicial Appointments Commission (JAC) is interested in views on potential approaches to the application of the provisions in Part 2 of Schedule 13 to the Crime and Courts Act 2013 (CCA) relating to diversity considerations where candidates for judicial office are of equal merit. The provisions in the CCA clarify that the JAC’s duty to make selections ‘solely on merit’ (S63(2) Constitutional Reform Act 2005) does not prevent it from selecting one candidate over another for the... MoreOpened 17 May 2013 -
Standards for expert witnesses in the family courts in England and Wales
This is a consultation on minimum standards for expert witnesses providing evidence in the family courts in proceedings relating to children in England and Wales. The consultation is aimed at experts, the professional and regulatory bodies for the professions from which experts are drawn, and solicitors and other practitioners in the family justice system in England and Wales. We invite views in particular on the scope, content and language of the standards, their applicability to... MoreOpened 16 May 2013 -
Balance of Competences Review: Call for Evidence on Civil Judicial Cooperation (including family matters)
The Balance of Competences Review, launched by the Government last summer, is an opportunity for people to have their say on what the EU does and how it affects the UK. This piece of work will deepen our understanding of EU membership, and help shape the UK’s policies in relation to the EU. This call for evidence is to examine the scope and nature of the EU’s power to act in the area of Civil Judicial Cooperation (including family matters). To ensure this is an informed and objective... MoreOpened 16 May 2013 -
Fee remissions for the courts and tribunals
This consultation paper sets our proposals for reform of the fee remissions system, which ensures that access to justice is maintained for those individuals on lower incomes who would otherwise have difficultly paying a fee to use court or tribunal services. The objective of these reform proposals is to create a single system of fee remissions (waivers) for all fee paying courts and tribunals which is simple to use, more cost efficient and better targeted to those who need it the most. ... MoreOpened 18 April 2013 -
Improving the Code of Practice for Victims of Crime
This consultation sets out the Government’s plans to reform the Victims’ Code to give victims clearer entitlements from criminal justice agencies and to better tailor service to individual need. It is aimed at all criminal justice agencies, victims of crime and businesses. The consultation paper covers: Victims’ entitlements Duties on criminal justice agencies Specific entitlements for children and young people The Victim Personal Statement ... MoreOpened 29 March 2013 -
Assessment Notices under the Data Protection Act 1998 - Extension of the Information Commissioner’s Powers
This consultation paper sets out our proposal to extend the powers of the Information Commissioner to carry out compulsory assessments of NHS bodies’ compliance with the Data Protection Act 1998 and its data protection principles. It seeks views from NHS data controllers across the United Kingdom. The proposals are informed by the Information Commissioner’s experience working with NHS bodies to improve their compliance with data protection law. MoreOpened 25 March 2013 -
Draft Inheritance and Trustees’ Powers Bill
Introduction Consultation on the draft Inheritance and Trustees’ Powers Bill. This Bill gives effect to the recommendations in parts 2–7 of the Law Commission’s report, Intestacy and family provision claims on death. The consultation is aimed at those with an interest in succession law, probate and private international law, in particular practitioners, professional groups and academics, in England and Wales. Background In 2008, the Law Commission began work... MoreOpened 21 March 2013 -
Environmental offences guideline
The aim of the guideline is to address the need for improved guidance in this area and remove inconsistencies in sentencing, including the levels of fines being given. The Council is seeking views on: the principal factors that make an environmental offence more or less serious; the additional factors that should influence the sentence; the sentences that should be given for environmental offences; and anything else that you think... MoreOpened 14 March 2013 -
Implementing the coroner reforms in Part 1 of the Coroners and Justice Act 2009
This consultation paper sets out our proposals for implementing the coroner reforms in Part 1 of the Coroners and Justice Act 2009. It seeks views on proposed coroner investigation regulations, inquest rules, fee and allowance regulations, coroner areas, and statutory guidance for bereaved people. This consultation is aimed at coroners, coroners' officers and other staff, bereaved people, voluntary organisations who help bereaved people, local authorities, and all those who have an... MoreOpened 1 March 2013 -
Transforming Youth Custody: Putting education at the heart of detention
‘Transforming Youth Custody: Putting education at the heart of detention’ describes the Government’s plans for placing high quality education at the centre of youth custody. Plans to reform youth custody will see young people appropriately punished while at the same time learning to take responsibility for their actions and gaining the skills and qualifications they need to lead productive, law-abiding lives. The paper invites views and outline proposals from a wide range of... MoreOpened 14 February 2013 -
Damages Act 1996: the discount rate - review of the legal framework
This consultation paper seeks views on two subjects relating to the setting of the discount rate under section 1 of the Damages Act 1996: Whether the legal parameters defining how the rate is set should be changed. Whether there is a case for encouraging the use of periodical payment orders instead of lump sum payments. Please note: the consultation paper was revised on 5 March 2013 to correct an error in paragraph 79. This paragraph stated that there could be... MoreOpened 12 February 2013 -
Transforming Rehabilitation - a revolution in the way we manage offenders
‘Transforming Rehabilitation – a revolution in the way we manage offenders’ describes the Government’s proposals for reforming the delivery of offender services in the community to reduce reoffending rates whilst delivering improved value for money for the tax payer. The proposals set out in the consultation paper include: opening the majority of probation services to competition, with contracts to be awarded to providers who can deliver efficient, high quality services... MoreOpened 9 January 2013 -
Law Commission Triennial Review - call for evidence
The Government’s response to the Public Administration Select Committee report ‘Smaller Government: Shrinking the Quango state’ sets out the plans for reforming public bodies. It includes new Triennial Review requirements for Non-Departmental Public Bodies (NDPB). Triennial Reviews are expected to take between 3 – 6 months and are carried out by the Sponsor Department of the respective bodies. The Ministry of Justice is the sponsor Department for the Law Commission. Functions of... MoreOpened 9 January 2013 -
Youth Justice Board triennial review 2013
Triennial Review programme The Government’s response to the Public Administration Select Committee report ‘Smaller Government: Shrinking the Quango state’ sets out the plans for reforming public bodies. It includes new Triennial Review requirements for Non-Departmental Public Bodies (NDPB). Triennial Reviews are expected to take around six months and are carried out by the Sponsor Department of the respective bodies. The Ministry of Justice (MoJ) is the sponsor Department for the... MoreOpened 8 January 2013 -
Fee remissions in the First-tier Tribunal (Immigration and Asylum Chamber)
The consultation is aimed at anyone who has an interest in immigration, asylum and nationality matters or who would be affected by the removal of legal aid for most non-detention immigration appeals when the relevant provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force in April 2013. We currently utilise the fact that legal aid solicitors establish whether or not appellants meet the financial eligibility criteria for legal aid and if they do and... MoreOpened 18 December 2012 -
Judicial Review: proposals for reform
The Government is seeking views on a package of measures to stem the growth in applications for judicial reviews. The measures aim to tackle the burden that this growth has placed on stretched public services whilst protecting access to justice and the rule of law. The engagement exercise seeks views on proposals in three key areas; reducing the time limits for bringing a judicial review relating to procurement or planning, bringing them into line with the appeal timetable which already... MoreOpened 13 December 2012 -
Reducing the number and cost of whiplash claims
The Government is committed to finding ways of tackling fraudulent and exaggerated whiplash claims, whilst ensuring that people who have suffered a genuine neck injury should continue to be able to get appropriate compensation. However, increases in claims for compensation relating to whiplash injuries are having a significant impact on the motor insurance premiums paid by individuals, families and businesses. This consultation considers the creation of independent medical panels to... MoreOpened 11 December 2012 -
Sexual offences guideline: Rape and assault offences
This is part of a wider consultation on a new guideline for sentencing sexual offences. This section considers the offences of rape, assault by penetration, sexual assault and sexual activity without consent. The draft guidelines are for offenders who are over 18 years of age who have committed offences against victims who are over 13 years of age. Offences committed against victims aged under 13 are addressed separately under the subject of child sex offences. MoreOpened 6 December 2012 -
Sexual Offences Guideline: Exploitation offences
This is part of a wider consultation on a new guideline for sentencing sexual offences. This section deals with offences concerning the commercial sexual exploitation of both adults and children. The offences that will be dealt with in this part of the consultation are: Sexual exploitation of adults Causing or inciting prostitution for gain Controlling prostitution for gain Keeping a brothel Sexual exploitation of children Paying for the sexual... MoreOpened 6 December 2012 -
Sexual Offences Guideline: Child sex offences committed by young offenders under the age of 18
This is part of a wider consultation on a new guideline for sentencing sexual offences. The offences that will be dealt with in this part of the consultation are: sexual activity with a child; causing or inciting a child to engage in sexual activity; sexual activity with a child family member; inciting a child family member to engage in sexual activity; engaging in sexual activity in the presence of a child; and causing a child to watch... MoreOpened 6 December 2012 -
Sexual Offences Guideline: Indecent images of children
This is part of a wider consultation on a new guideline for sentencing sexual offences. This section covers offences relating to indecent images of children. These offences relate to photographs (including moving images) and also images made, for example, on a computer but which look like real photographs. The indecent images offences have a statutory maximum of five years’ imprisonment for possession of images and 10 years’ imprisonment for the distribution, taking or making... MoreOpened 6 December 2012 -
Sexual Offences Guideline: Other sexual offences
This is part of a wider consultation on a new guideline for sentencing sexual offences. The offences that will be dealt with in this part of the consultation are: exposure; voyeurism; sex with an adult relative; and preparatory offences (administering a substance with intent; committing an offence with intent to commit a sexual offence; and trespass with the intent to commit a sexual offence). This section will also highlight the approach that... MoreOpened 6 December 2012 -
Sexual Offences Guideline: Offences where the victim is a child
This is part of a wider consultation on a new guideline for sentencing sexual offences. This section considers offences where the victim is a child and the offender is over the age of 18. The definition of ‘child’ varies between offences in the Sexual Offences Act 2003. Generally, a child is defined as anyone under the age of 16 but there are some offences designed to give greater protection to those under the age of 13 and others where the definition of ‘child’ extends to... MoreOpened 6 December 2012 -
Sexual Offences Guideline: Offences against those with a mental disorder
This is part of a wider consultation on a new guideline for sentencing sexual offences. This section considers a number of offences designed to protect some of society’s most vulnerable adults who have a mental disorder. The Sexual Offences Act 2003 overhauled previous legislation in this area and introduced a number of new offences, for example, offences committed by care workers. The offences against those with a mental disorder are split into three categories. These are: ... MoreOpened 6 December 2012 -
Criminal Injuries Compensation Authority Triennial Review - call for evidence
The Government’s response to the Public Administration Select Committee report ‘Smaller Government: Shrinking the Quango state’ sets out the plans for reforming public bodies. It includes new Triennial Review requirements for Non-Departmental Public Bodies (NDPB). Triennial Reviews are expected to take between 3 – 6 months and are carried out by the Sponsor Department of the respective bodies. The Ministry of Justice is the sponsor Department for the CICA. Functions of the CICA... MoreOpened 30 November 2012 -
Contempt of Court
The law governing contempt of court is vast. Several specialist textbooks devote hundreds of pages to the topic. The number of different contempt offences is equally huge. Our work is necessarily constrained by the time and resources available and it would not be possible to produce meaningful reform proposals for the entire law of contempt within those constraints. This consultation, therefore, addresses specific, practical problems that have been identified by our research and communication... MoreOpened 28 November 2012 -
Regulation fees paid by claims management companies
This consultation invites views on the fees for applications for authorisation and annual fees for the regulation year 1 April 2013 to 31 March 2014 and initial views on a fees framework for complaints handling by the Legal Ombudsman. This consultation is primarily aimed at persons authorised to provide regulated claims management services in England & Wales under the Compensation Act 2006 and those businesses and individuals contemplating making an application for authorisation. MoreOpened 6 November 2012 -
Crown Court means testing of criminal legal aid
The proposals set out in this consultation paper seek to improve the effectiveness of the Crown Court means testing scheme of criminal legal aid. MoreOpened 30 October 2012
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