This outlines the background and responses to Consultation paper CP 15/2013, Cm. 8608 (ISBN 9780101860826). It covers the reforms of the fee remission system; next steps; summary of responses and resultant policy changes. In summary the changes are: the amendment of the disposable capital test to include more thresholds and the provision of a different threshold for those aged 61 or over; amendments and clarifications to the terms of the disposable capital test; the addition of more excluded benefits under the gross monthly income test; time period in which to apply for a retrospective fee remission to be three rather than two months; and application of the same eligibility test to prisoners and their partners. The government intends to implement the changes by Statutory Instrument by October 2013.
This Code of Practice for Victims of Crime forms a key part of the wider Government strategy to transform the criminal justice system by putting victims first, making the system more responsive and easier to navigate. Victims of crime should be treated in a respectful, sensitive and professional manner without discrimination of any kind. They should receive appropriate support to help them, as far as possible, to cope and recover and be protected from re-victimisation. It is important that victims of crime know what information and support is available to them from reporting a crime onwards and who to request help from if they are not getting it. This Code sets out the services to be provided to victims of criminal conduct by criminal justice organisations in England and Wales. Criminal conduct is behaviour constituting a criminal offence under the National Crime Recording Standard. Service providers may provide support and services in line with this Code on a discretionary basis if the offence does not fall under the National Crime Recording Standard (NCRS) (see the glossary of key terms found at the end of this Code). Non-NCRS offences include drink driving and careless driving. This Code also sets a minimum standard for these services. Criminal justice organisations can choose to offer additional services and victims can choose to receive services tailored to their individual needs that fall below the minimum stand
Judicial review allows individuals, businesses and others to ask the court to consider whether, for example, a government department has gone beyond its powers, a local authority has followed a lawful process or an arms-length body has come to a rational decision. As such, it is a crucial check to ensure lawful public administration. The expansion of judicial review has, in the government's view, led to abuse of the system. The earlier consultation "Judicial Review: Proposals for Reform" (ISBN 9780101851527), introduced changes to the time for bringing planning or procurement challenges and offered a way for courts to filter out unmeritorious challenges. This follow-up review seeks further reform in areas such as: the courts' approach to cases which rely on minor procedural defects; rebalancing financial incentives; speeding up appeals to the Supreme Court in a small number of nationally significant cases and planning challenges. Also this paper looks at the potential reform as to who can bring judicial review and whether alternative mechanisms exist to resolve disputes. The paper also includes a proposal in relation to the payment of legal aid providers in judicial review cases.
The Ministry of Justice are transforming how they manage offenders, so that they are both punished when they break the law, and are also more supported to get their chaotic lives back on track. They now want to make sure that these same principles are applied to the way young adults in custody are managed. Young adults (18-20 year olds) who are held in custody are usually accommodated in Young Offender Institutions (YOIs) rather than adult prisons. The context in which this was an effective means of managing this group has changed, and the current approach is no longer appropriate or effective. They are proposing a new approach to managing young adults that takes into account the challenges of this age group as well as ensuring they benefit from wider reforms. Many young adults are still maturing and sometimes lack the skills to negotiate complex social situations. When large numbers of people in this age group are held together, they can become so volatile it becomes difficult for staff to manage them. If this continues, there is a danger that the experience of young adults in custody will become more about containment and less about rehabilitation and supporting them to desist from offending. In the new framework, it is proposed that all young adults will be accommodated in mixed institutions, where resources are targeted on their risks and rehabilitation and resettlement needs. The aim is to ensure that their time in custody is both safe and effective.
In this response to the Justice Committee following their inquiry into female offenders, the Ministry of Justice sets out plans to establish an open unit at HMP Styal and test this approach, set up community employment regimes across the estate to improve more women's access to jobs for their release, and create strategic hubs in order to improve closeness to home in certain regions. In addition to this, for the first time, all women will receive support through-the-gate and 12 months supervision on release as part of the Transforming rehabilitation reforms. NOMS' Stocktake of Community Services for Female Offenders shows that the spread and availability of community services specifically for women has been increasing. This sets the groundwork for the expansion of community support to women on release from short-sentences in 2014 and beyond. Efforts to divert women from custody where it is appropriate to do so also continue. The Ministry is also introducing legislation through the Offender Rehabilitation Bill to ensure that the Secretary of State enters into contracts with probation providers that identify and consider the particular needs of female offenders. To this end guidance is being issued so that probation providers fully understand the particular needs of female offenders and how to meet those needs.
This is the latest in a series of reports to the Joint Committee on Human Rights setting out the Government's position on the implementation of adverse human rights judgments from the European Court of Human Rights (ECtHR) and the domestic courts. It covers the period 1 August 2012 to 31 July 2013. The main focus of this paper is on two particular types of human rights judgments: judgments of the ECtHR in Strasbourg against the United Kingdom under the European Convention on Human Rights (ECHR); and declarations of incompatibility by United Kingdom courts under section 4 of the Human Rights Act 1998. A feature of these judgments is that their implementation may require changes to legislation,4 policy or practice, or a combination thereof
This White Paper contains a three volume set of documents (Cm. 7342-I/II/III, ISBN 9780101734226) and is part of the Governance of Britain series examining constitutional renewal. In July 2007, the Governance of Britain Green Paper was published (ISBN 9780101717021) which set out the Government's vision and proposals for constitutional renewal, calling on the public, Parliament and other organisations to submit views. The result of the consultation is the publication of this White Paper. Volume 1 covers the substantive issues of constitutional renewal, including: the Government's policy proposals; the Attorney General; judicial appointments; treaties; the civil service; war powers; flag flying and other policies, such as the reform of the Intelligence and Security Committee; a wider review of the Royal Perogative; passports; the National Audit Office; public appointments and Church of England appointments. Volume 2, presents the draft Constitutional Renewal Bill, with Volume 3, setting out an analysis of the consultations. For specific publications on a number of the issues examined here, see Cm. 7239, War Powers & Treaties - ISBN 9780101723923; Cm. 7210, Judicial Appointments, ISBN 9780101721028; Cm. 7192, Role of the Attorney General, ISBN 9780101719223.
This publication presents a comprehensive set of statistics on judicial and court activity in England and Wales during 2008. Divided into 11 chapters, it provides statistics on the following areas: Appellate Courts; High Court - Chancery Division; High Court - Queen's Bench Division; County Courts (non family); Family matters; the Crown Court; Magistrates' courts; the Mental Capacity Act; Offices of the Supreme Court ; the judiciary; assessment of litigation costs, and publicly funded legal services. An annex sets out the data quality and sources.
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