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355 results

  • 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... More
    Closed 12 April 2013
  • 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. More
    Closed 14 March 2013
  • 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... More
    Closed 14 March 2013
  • 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... More
    Closed 14 March 2013
  • 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... More
    Closed 14 March 2013
  • 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... More
    Closed 14 March 2013
  • 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... More
    Closed 14 March 2013
  • 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: ... More
    Closed 14 March 2013
  • 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... More
    Closed 8 March 2013
  • 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... More
    Closed 28 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... More
    Closed 22 February 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... More
    Closed 15 February 2013
  • 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... More
    Closed 8 February 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... More
    Closed 6 February 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... More
    Closed 29 January 2013
  • 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... More
    Closed 24 January 2013
  • 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. More
    Closed 18 December 2012
  • Criminal Cases Review Commission Triennial Review - call for evidence

    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 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... More
    Closed 14 December 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. More
    Closed 11 December 2012
  • Welsh Language Scheme for the National Offender Management Service (NOMS): Public Consultation

    We are seeking your views on the draft Welsh language scheme for the National Offender Management Service (NOMS). The scheme sets out how NOMS will ensure that the public and Welsh-speaking prisoners have access to appropriate services in Welsh. Setting out exactly what is required in terms of the prison estate is challenging - for example, we have a number of Welsh speakers who are not in Welsh prisons. We would particularly welcome views on how we might better approach the Prison... More
    Closed 4 December 2012
  • The new remand framework for children: Allocation of new burdens funding to local authorities

    The youth remand provisions in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 received Royal Assent on 1 May 2012 and allows for local authorities to be given greater financial responsibility for secure remand. In this consultation paper the Ministry of Justice and the Youth Justice Board set out their proposals: for allocating new burdens funding to local authorities in England & Wales in relation to remands to youth detention accommodation; for recovery... More
    Closed 16 November 2012
  • Draft Code of Practice for Adult Conditional Cautions

    This consultation paper invites views from interested parties on the draft Code of Practice for Adult Conditional Cautions under Part 3 of the Criminal Justice Act 2003. The Code of Practice makes provision for conditional cautions as a means of dealing with adult offenders in certain circumstances as an alternative to prosecution. It has been revised to reflect the changes to conditional cautions made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. It also sets out in... More
    Closed 1 November 2012
  • Draft Code of Practice for Youth Conditional Cautions

    This consultation paper invites views from interested parties on the draft Code of Practice for Youth Conditional Cautions under Section 48 of the Criminal Justice and Immigration Act 2008 (that amends the Crime and Disorder Act 1998).Currently youth conditional cautions are only available for 16 and 17 year olds in five pilot areas. The Code of Practice makes provision for youth conditional cautions as a means of dealing with young offenders in certain circumstances as an alternative to... More
    Closed 1 November 2012
  • Damages Act 1996: the discount rate - how should it be set?

    This consultation relates to the methodology to be used by the Lord Chancellor and his counterparts in Scotland and Northern Ireland in independently setting the discount rate for personal injury damages in their respective jurisdictions. The consultation is aimed at people and organisations with an interest in personal injury claims and damages in the UK. More
    Closed 23 October 2012
  • Transforming the services of the Office of the Public Guardian

    The Mental Capacity Act 2005 (“MCA 2005”) provides a statutory framework to empower and protect people who may lack capacity to make some decisions for themselves. The Public Guardian does this by registering Lasting Powers of Attorneys (LPA) and Enduring Powers of Attorneys (EPA), supervising Deputies appointed by the Court of Protection (the Court), and investigating the ways Attorneys and Deputies exercise their powers. The digital transformation... More
    Closed 19 October 2012
  • Insanity and Automatism

    The insanity defence in England and Wales is founded on nineteenth century legal concepts which have not kept pace with developments in medicine and psychiatry. Various bodies have reviewed the law and recommended reform but the substance of the defence has remained unchanged, and so the faults persist. There is now a greater recognition of the difficulties the criminal justice system faces in dealing with people with mental illness and learning disabilities and there is a growing pressure... More
    Closed 17 October 2012
  • Claims Management Regulation - proposals for amendments to the Conduct of Authorised Persons Rules

    The Claims Management Regulation Unit proposes to make a number of changes to the Conduct of Authorised Persons Rules to ensure that the regulatory system remains efficient, clear and sustainable. This follows an assessment of the current Conduct of Authorised Persons Rules by the Claims Management Regulation Unit. More
    Closed 3 October 2012
  • Proposals for the joint inspection of multi-agency arrangements for the protection of children

    Ofsted, the Care Quality Commission (CQC), Her Majesty’s Inspectorate of Constabulary (HMIC), Her Majesty’s Inspectorate of Probation and Her Majesty’s Inspectorate of Prisons are committed to the introduction of a new joint inspection of multi-agency arrangements for the protection of children in England. These inspections will focus on the effectiveness of local authority and partners’ services for children who may be at risk of harm, including the effectiveness of early... More
    Closed 2 October 2012
  • Deferred Prosecution Agreements

    Reference number: Cm 8348 We are seeking your views on proposals to introduce a new enforcement tool: Deferred Prosecution Agreements. Treating economic crime more seriously and taking steps to combat it more effectively are key commitments in the Coalition agreement. We need to develop new tools for prosecutors to use alongside existing methods, to give them the flexibility to secure appropriate penalties for wrongdoing, at the same time as achieving better outcomes for... More
    Closed 9 August 2012
  • Punishment and reform: effective probation services

    Reference number: CP7/2012 This consultation paper sets out the conclusions of an internal review by the Secretary of State of how probation services in England and Wales can be improved. The intention is to ensure probation services are better able to achieve the outcomes in justice that matter to victims and communities: protecting the public, reducing reoffending and ensuring that offenders are properly punished. The consultation paper sets out clear proposals to meet... More
    Closed 22 June 2012
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