Law and Rights
The Secretary of State for Justice / Lord Chancellor (Michael Gove) has spoken about prisons and reform - The Treasure in the Heart of Man - Making prisons work. All that remains, in this difficult financial climate, is to match the splendid rhetoric with suitably effective action. At least, it seems that Mr Gove has read and noted the contents of the highly depressing Annual Report from HM Inspector of Prisons for England and Wales. This report ought to stand as a shameful indictment of government policy over recent years.
In many areas of prison law, legal aid for prisoners was removed by the coalition government. In March 2014, the High Court refused to allow a challenge to this policy. On 7th July, the Howard League for Penal Reform went to the Court of Appeal to try to overturn the High Court decision - Howard League - Legal Aid for prisoners
See the High Court "decision - (see the judgment) - where Cranston J (delivering the judgment of the High Court) said:
"We can well understand the concerns ventilated through these claims. A range of impressive commentators have argued that the changes to criminal legal aid for prison law in the Criminal Aid (General) (Amendment) Regulations 2013, SI 2013, No 2790 will have serious adverse effects for prisoners. But we simply cannot see, at least at this point in time, how these concerns can arguably constitute unlawful action by the Lord Chancellor. For the time being the forum for advancing these concerns remains the political." (Link to the regulations inserted).
Another point made in the High Court judgment related to the Lord Chancellor's duty under the Constitutional Reform Act 2005 to uphold the rule of law. Were the 2013 Regulations ultra vires (i.e. beyond powers) the statutory and constitutional role of the Lord Chancellor to uphold the rule of law. Cranston J said - "As a legal submission this goes nowhere."
The precise nature of that "duty" remains rather enigmatic and one wonders whether, apart from perhaps politically, it has any real bite.
Mr Gove also appeared this week before the Justice Committee - view the session at Parliament.TV
The fight for criminal legal aid to be adequately maintained continues. Following the Criminal Bar Association's ballot in favour of action to support solicitors (see previous post), the CBA has issued a "No returns" protocol.
The Guardian 15th July - Barristers vote to join solicitors in legal aid protest
Law Society Gazette - Criminal bar announces date for legal aid action
- Criminal Courts Charge Disappears On Christmas Eve ..... Government Reviewing Financial Orders
UPDATE 29th January 2016 - Report of Joint Committee on Statutory Instruments raising question over how the charge was removed Details of the Criminal Courts Charge are in this post of 30th July 2015. In a speech to the Magistrates' Association,...
- Wrong, Mr Gove !
This morning, the Secretary of State for Justice and Lord Chancellor gave evidence to the House of Commons Justice Committee. He would not offer a guarantee that the government would keep the UK in the European Convention on Human Rights. ...
- Speech By The Secretary Of State For Justice ~ Brief Comment
Michael Gove - appointed after the general election as Secretary of State for Justice and Lord Chancellor - has delivered his first major policy speech - What does a one nation justice policy look like. It is a speech with many fine-sounding, flowing...
- Michael Gove As Secretary Of State For Justice And Lord Chancellor
The Rt. Hon Michael Gove MP has been appointed as Secretary of State for Justice and Lord Chancellor - see No. 10 Appointments. This dual role was previously held by Jack Straw, Kenneth Clarke and Chris Grayling. Mr Gove is a somewhat controversial...
- A Bit Of Catching Up ....!
Lady Justice HallettOn the Runs - The Administrative Scheme: Following consultation with the Lord Chief Justice (Lord Thomas), Theresa Villiers (Secretary of State for Northern Ireland) has appointed Lady Justice Hallett to conduct a review of the so-called...
Law and Rights
Mr Gove, "Will policy come to match the rhetoric?"
In many areas of prison law, legal aid for prisoners was removed by the coalition government. In March 2014, the High Court refused to allow a challenge to this policy. On 7th July, the Howard League for Penal Reform went to the Court of Appeal to try to overturn the High Court decision - Howard League - Legal Aid for prisoners
See the High Court "decision - (see the judgment) - where Cranston J (delivering the judgment of the High Court) said:
"We can well understand the concerns ventilated through these claims. A range of impressive commentators have argued that the changes to criminal legal aid for prison law in the Criminal Aid (General) (Amendment) Regulations 2013, SI 2013, No 2790 will have serious adverse effects for prisoners. But we simply cannot see, at least at this point in time, how these concerns can arguably constitute unlawful action by the Lord Chancellor. For the time being the forum for advancing these concerns remains the political." (Link to the regulations inserted).
Another point made in the High Court judgment related to the Lord Chancellor's duty under the Constitutional Reform Act 2005 to uphold the rule of law. Were the 2013 Regulations ultra vires (i.e. beyond powers) the statutory and constitutional role of the Lord Chancellor to uphold the rule of law. Cranston J said - "As a legal submission this goes nowhere."
The precise nature of that "duty" remains rather enigmatic and one wonders whether, apart from perhaps politically, it has any real bite.
Mr Gove also appeared this week before the Justice Committee - view the session at Parliament.TV
The fight for criminal legal aid to be adequately maintained continues. Following the Criminal Bar Association's ballot in favour of action to support solicitors (see previous post), the CBA has issued a "No returns" protocol.
The Guardian 15th July - Barristers vote to join solicitors in legal aid protest
Law Society Gazette - Criminal bar announces date for legal aid action
- Criminal Courts Charge Disappears On Christmas Eve ..... Government Reviewing Financial Orders
UPDATE 29th January 2016 - Report of Joint Committee on Statutory Instruments raising question over how the charge was removed Details of the Criminal Courts Charge are in this post of 30th July 2015. In a speech to the Magistrates' Association,...
- Wrong, Mr Gove !
This morning, the Secretary of State for Justice and Lord Chancellor gave evidence to the House of Commons Justice Committee. He would not offer a guarantee that the government would keep the UK in the European Convention on Human Rights. ...
- Speech By The Secretary Of State For Justice ~ Brief Comment
Michael Gove - appointed after the general election as Secretary of State for Justice and Lord Chancellor - has delivered his first major policy speech - What does a one nation justice policy look like. It is a speech with many fine-sounding, flowing...
- Michael Gove As Secretary Of State For Justice And Lord Chancellor
The Rt. Hon Michael Gove MP has been appointed as Secretary of State for Justice and Lord Chancellor - see No. 10 Appointments. This dual role was previously held by Jack Straw, Kenneth Clarke and Chris Grayling. Mr Gove is a somewhat controversial...
- A Bit Of Catching Up ....!
Lady Justice HallettOn the Runs - The Administrative Scheme: Following consultation with the Lord Chief Justice (Lord Thomas), Theresa Villiers (Secretary of State for Northern Ireland) has appointed Lady Justice Hallett to conduct a review of the so-called...