Prisons and Courts Bill Explanatory Notes
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Time for a Gastric Band
Journal of Politics and Law; Vol. 6, No. 3; 2013 ISSN 1913-9047 E-ISSN 1913-9055 Published by Canadian Center of Science and Education Modernising the English Court System - Time for a Gastric Band Graham S McBain1 1 Solicitor. MA (Cantab), LLB (Cantab), LLM (Harv). Open Scholar, Peterhouse, Cambridge. Fulbright Scholar, Harvard Law School. UK Correspondence: Graham S McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: March 11, 2013 Accepted: April 23, 2013 Online Published: August 30, 2013 doi:10.5539/jpl.v6n3p17 URL: http://dx.doi.org/10.5539/jpl.v6n3p17 Abstract There is a lot in the newspapers these days about human obesity and its detrimental effect on human health - as well as on the health budget. Indeed, statistics suggest that one in five adults in the United Kingdom is now clinically obese. What applies to human beings can also apply to human institutions and it is asserted that our legal system is clinically obese. It needs a gastric band. Why is our legal system clinically obese ? First, the volume of English primary - and subordinate - legislation is growing exponentially 1 and, at this rate, it will start to become like that of the United States. Thus, it needs to be curtailed since the direct - and indirect - cost of all this is huge.2 Second, the present court system dates from the Victorian era and it creaks. Distinctly. In what way? There are too many obsolete courts; There are too many courts which - while not obsolete – should be merged with others; The court system is replete with anomalies and there are too many jurisdictional and procedural issues; The domestic court structure is a four tier system - when it should only be three tier; The complexity of the court system is such that it is not understood by lawyers -far less by the general public. -
Legislative Consent Memorandum
LEGISLATIVE CONSENT MEMORANDUM Coronavirus Bill 1. This Legislative Consent Memorandum is laid under Standing Order (“SO”) 29.2. SO29 prescribes that a Legislative Consent Memorandum must be laid, and a Legislative Consent Motion may be tabled, before the National Assembly for Wales if a UK Parliamentary Bill makes provision in relation to Wales for any purpose within, or which modifies the legislative competence of the National Assembly. 2. The Coronavirus Bill (the “Bill”) was introduced in the House of Commons on 19 March. The Bill can be found at: https://services.parliament.uk/Bills/2019-21/coronavirus.html Policy Objective(s) 3. The objective of the Coronavirus Bill is to enable the Governments of the UK to respond to an emergency situation and manage the effects of a Coronavirus pandemic. The Bill contains temporary measures designed to either amend existing legislative provisions or introduce new statutory powers which are designed to mitigate these impacts. Summary of the Bill 4. The Bill is sponsored by the Department of Health and Social Care. 5. The purpose of the Bill is to enable the Governments of the UK to respond to an emergency situation and manage the effects of a COVID-19 pandemic. A severe pandemic could infect up to 80% of the population leading to a reduced workforce, increased pressure on health services and death management processes. The Bill contains temporary measures designed to either amend existing legislative provisions or introduce new statutory powers which are designed to mitigate these impacts. The Bill aims to support the UK Government in the following: • Increasing the available health and social care workforce • Easing the burden on frontline staff • Containing and slowing the virus • Managing the deceased with respect and dignity • Supporting people 6. -
Standing Committee on Judicial
Chapter 3 : The British Experience 3.01 In the Mason Report, the case of Britain is presented as one of the jurisdictions where there is an absolute prohibition against reduction of judicial remuneration. 1 The existing British system of determination of judicial remuneration and the latest review on judicial salaries have also been discussed in the Mason Report. On the issue of reduction of remuneration in the United Kingdom, the following passages are relevant. 3.12 In 1760 the Commissions and Salaries of Judges Act2 made explicit what may have been implicit in the Act of Settlement. It secured the payment of the judges’ salaries without reduction so long as the judge’s commission continued and remained in force. The Act did not apply to colonial judges. 3.14 More recently, the Courts Act 1971 and the Supreme Court Act 1981, ss 12(1) and (3), have expressly provided that the salaries of Circuit Judges and Supreme Court Judges respectively “may be increased but not reduced”. 3.02 The 1760 Act is also referred to in the context of the discussion of the Australian position in the Mason Report – 3.28 Section 40 of the Constitution Act 1855 (NSW) provided for judicial remuneration but reverted to the earlier wording of the Commissions and Salaries of Judges Act 1760 (Imp). It provided that salaries fixed by Act of Parliament shall be paid and payable to every judge for the time being so long as their commissions should continue and remain in force. No express reference was made to the prohibition of the diminution of a judge’s salary. -
Tribunals, Courts and Enforcement Act 2007 (C.15) Which Received Royal Assent on 19Th July 2007 TRIBUNALS, COURTS and ENFORCEMENT ACT 2007
These notes refer to the Tribunals, Courts and Enforcement Act 2007 (c.15) which received Royal Assent on 19th July 2007 TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 —————————— EXPLANATORY NOTES INTRODUCTION 1. These explanatory notes relate to the Tribunals, Courts and Enforcement Act 2007 which received Royal Assent on 19th July 2007. They have been prepared by the Ministry of Justice in order to assist the reader of the Act. The explanatory notes have not been endorsed by Parliament. 2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given. Where a section makes a change to the system currently in place, an overview is given of that system followed by an explanation of the change that the Act makes. OVERVIEW 3. The Tribunals, Courts and Enforcement Act implements the main recommendations contained in the following reports and papers: x the White Paper, Transforming Public Services: Complaints, Redress and Tribunals,1 published in July 2004 (“Transforming Public Services”); x the consultation paper Increasing Diversity in the Judiciary, published in October 2004; x the Law Commission Report, Landlord and Tenant – Distress for Rent,2 published in February 1991 (“the Law Commission’s Report”); x a Report to the Lord Chancellor, Independent Review of Bailiff Law, by Professor J. Beatson QC published in July 2000; x a White Paper, Effective Enforcement, published in March 2003 (“Effective Enforcement”); x a consultation paper, A Choice of Paths: better options to manage over- indebtedness and multiple debt, published on 20 July 2004 (“the Choice of Paths Consultation”); x a consultation paper, Relief for the Indebted, an alternative to bankruptcy, published in March 2005; and x a consultation on providing immunity from seizure for international works of art on loan in the UK (March 2006). -
[Senior Courts Act 1981]1
Senior Courts Act 1981 Page 1 [Senior Courts Act 1981] 1 1981 CHAPTER 54 Thomson Reuters (Legal) Limited. UK Statutes Crown Copyright. Reproduced by permission of the Controller of Her Majesty©s Stationery Of®ce. An Act to consolidate with amendments the Supreme Court of Judicature (Consolidation) Act 1925 and other enactments relating to the [ Senior Courts ] 2 in England and Wales and the administration of justice therein; to repeal certain obsolete or unnecessary enactments so relating; to amend Part VIII of the Mental Health Act 1959, the Courts-Martial (Appeals) Act 1968, the Arbitration Act 1979 and the law relating to county courts; and for connected purposes. [28th July 1981] Notes 1 Formerly known as the Supreme Court Act 1981, words substituted by Constitutional Reform Act 2005 c. 4 Sch.11(1) para.1(2) (October 1, 2009) 2 Words substituted by Constitutional Reform Act 2005 c. 4 Sch.11(4) para.26(2) (October 1, 2009) Extent Preamble: England, Wales PART I CONSTITUTION OF [ Senior Courts ] 1 Notes 1 Words substituted by Constitutional Reform Act 2005 c. 4 Sch.11(4) para.26(2) (October 1, 2009) The [ Senior Courts ] 1 Notes 1 Words substituted by Constitutional Reform Act 2005 c. 4 Sch.11(4) para.26(2) (October 1, 2009) Law In Force 1.Ð The [ Senior Courts ] 1 . (1) The Supreme Court of England and Wales shall consist of the Court of Appeal, the High Court of Justice and the Crown Court, each having such jurisdiction as is conferred on it by or under this or any other Act. -
County Courts Act 1984
Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to County Courts Act 1984. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) County Courts Act 1984 1984 CHAPTER 28 An Act to consolidate certain enactments relating to county courts. [26th June 1984] X1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Annotations: Editorial Information X1 A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status. Modifications etc. (not altering text) C1 Power to modify or exclude conferred by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 40(4) C2 Act (except ss. 9, 10, 13(1)(2), 60(1), 61, 75(7), 147) amended (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, Sch.1 C3 By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. -
Wales and the Jurisdiction Question
This is a repository copy of How to do things with jurisdictions: Wales and the jurisdiction question. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/127304/ Version: Accepted Version Article: Percival, R. (2017) How to do things with jurisdictions: Wales and the jurisdiction question. Public Law, 2017 (2). pp. 249-269. ISSN 0033-3565 This is a pre-copyedited, author-produced version of an article accepted for publication in Public Law following peer review. The definitive published version Percival, R., How to do things with jurisdictions: Wales and the jurisdiction question, Public Law, 2017 (2), 249-269 is available online on Westlaw UK or from Thomson Reuters DocDel service . Reuse Unless indicated otherwise, fulltext items are protected by copyright with all rights reserved. The copyright exception in section 29 of the Copyright, Designs and Patents Act 1988 allows the making of a single copy solely for the purpose of non-commercial research or private study within the limits of fair dealing. The publisher or other rights-holder may allow further reproduction and re-use of this version - refer to the White Rose Research Online record for this item. Where records identify the publisher as the copyright holder, users can verify any specific terms of use on the publisher’s website. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ How to Do Things with Jurisdictions: Wales and the Jurisdiction Question Richard Percival* Senior Research Fellow, Cardiff University Introduction There is a recurring debate amongst lawyers and policy makers about the desirability of Wales becoming a separate, fourth, UK jurisdiction. -
1 in the High Court of Justice Co/3809/2016
IN THE HIGH COURT OF JUSTICE CO/3809/2016 & CO/3281/2016 QUEEN’S BENCH DIVISION DIVISIONAL COURT BETWEEN: THE QUEEN on the application of (1) GINA MILLER (2) DEIR TOZETTI DOS SANTOS Claimants -and- THE SECRETARY OF STATE FOR EXITING THE EUROPEAN UNION Defendant -and- (1) AB AND A CHILD AND OTHERS (2) GRAHAME PIGNEY AND OTHERS Interested Parties -and- GEORGE BIRNIE AND OTHERS Intervener NOTE ON BEHALF OF THE ‘PEOPLE’S CHALLENGE’ (PIGNEY) INTERESTED PARTIES Introduction 1. On the opening day of the hearing (13 October 2016) the Court asked for assistance concerning: a. the status of litigation currently ongoing in Northern Ireland, which concerns the lawfulness (or otherwise) of notification to the European Council of the United Kingdom’s intention to leave the EU without an Act of Parliament; b. whether an appeal could be brought straight to the Supreme Court, following a hearing at first instance in Northern Ireland; c. whose rights would be affected by withdrawal from the EU; and d. the People’s Challenge Interested Parties’ approach to the revocability, or otherwise, of Article 50 once notification has been given. 2. In view of the limited time for oral submissions, this note sets out the Peoples’ Challenge Interested Parties’ position on these issues. 1 The Northern Irish litigation 3. After the short adjournment on Thursday, Lord Pannick QC informed the Court that he had spoken to counsel for one of the parties in Northern Ireland and that “the Northern Ireland proceedings have focused on the Good Friday Agreement and the Northern Ireland Act.”1 4. -
A Parliamentarian's Guide to the Human Rights
This book provides parliamentarians with a clear and concise guide to the Human Rights Act 1998. It explains how the Act operates, including A Parliamentarian’s Guide the role of Parliament, the courts and public authorities. It provides a comprehensive and accessible explanation of all the rights contained in the to the Human Rights Act HRA together with case studies demonstrating how the rights operate in practice. It also addresses the most common and prevalent myths and misunderstandings about the HRA – separating fact from fiction. Included at the end of the Guide is an updated version of the full text of the HRA. This Guide is intended to assist parliamentarians in fulfilling their many and varied functions, including scrutinising new legislation and government policies and advising constituents. A Parliamentarian’s Guide to the Human Rights Act – Liberty Guide to the Human Rights A Parliamentarian’s Published by ISBN: 978-0-9460 88-58-4 The National Council for Civil Liberties About the Author Anita Coles is a Policy Officer at Liberty (the National Council for Civil Liberties). She is principally involved with Liberty’s parliamentary lobbying and policy development: responding to government consultations and briefing parliamentarians on the human rights implications of proposed legislation. She is a qualified Australian lawyer, with a Masters of Law from the University of Cambridge. Prior to joining Liberty she was Parliamentary Counsel in Victoria, Australia. First published September 2010 by Liberty Liberty The National Council for Civil Liberties 21 Tabard Street London SE1 4LA www.liberty-human-rights.org.uk ISBN: 978-0-946088-58-4 Designed and printed by www.calverts.coop LIBERTY_22221_Layout 1 27/07/2010 12:01 Page 1 A Parliamentarian’s Guide to the Human Rights Act LIBERTY_22221_Layout 1 27/07/2010 12:01 Page 1 Contents Preface 3 Introduction 4 Background to the HRA 5 How does the HRA work? 7 Parliamentary procedure............................................................................................................................ -
County Courts Act 1984 Is up to Date with All Changes Known to Be in Force on Or Before 25 June 2021
Status: Point in time view as at 01/01/2010. Changes to legislation: County Courts Act 1984 is up to date with all changes known to be in force on or before 25 June 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) County Courts Act 1984 1984 CHAPTER 28 An Act to consolidate certain enactments relating to county courts. [26th June 1984] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Editorial Information X1 A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status. Modifications etc. (not altering text) C1 Power to modify or exclude conferred by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 40(4) C2 Act (except ss. 9, 10, 13(1)(2), 60(1), 61, 75(7), 147) amended (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, Sch.1 C3 By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. -
Courts Act 2003 (C.39) Which Received Royal Assent on 20 November 2003
These notes refer to the Courts Act 2003 (c.39) which received Royal Assent on 20 November 2003 COURTS ACT 2003 ————————— EXPLANATORY NOTES INTRODUCTION 1. These explanatory notes relate to the Courts Act 2003 which received Royal Assent on 20 November 2003. They have been prepared by the Department for Constitutional Affairs in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament. 2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given. OVERVIEW 3. The Courts Act 2003 primarily implements those of the key courts-related recommendations contained in Sir Robin Auld's Review of the Criminal Courts in England and Wales (October 2001, hereafter “the Auld Review”) which the Government accepted, in the White Paper "Justice for All" published on 17th July 2002. It also makes provision for a number of other changes relating to judicial matters and to civil and family court procedure. 4. The explanatory notes are divided into parts reflecting the structure of the Act. In relation to each Part, there is a “Summary”. In relation to each group of sections, there is a “Background” section. Commentary on particular sections is then set out in number order, with the commentary on the various Schedules included with the section to which they relate. 5. -
2009 No. 1603 (L. 17) SUPREME COURT of the UNITED
STATUTORY INSTRUMENTS 2009 No. 1603 (L. 17) SUPREME COURT OF THE UNITED KINGDOM The Supreme Court Rules 2009 Made - - - - 26th June 2009 Laid before Parliament 1st July 2009 Coming into force - - 1st October 2009 CONTENTS PART 1 Interpretation and scope 1. Citation and commencement 2. Scope and objective 3. Interpretation 4. Forms 5. Time limits 6. Service 7. Filing 8. Non-compliance with these Rules 9. Procedural decisions PART 2 Application for permission to appeal 10. Form of application 11. Filing of application 12. Service of application 13. Notice of objection by respondent 14. Documents in support of application 15. Interventions in applications 16. Consideration on paper 17. Oral hearing of application PART 3 Commencement and preparation of appeal 18. Form and filing of notice where permission granted by the Court 19. Form and filing of notice where permission not required 20. Service of notice 21. Acknowledgement by respondent 22. Documents for appeal hearing 23. The core volumes 24. Authorities 25. Cross-appeals 26. Intervention PART 4 Hearing and decision of appeal 27. Hearing in open court 28. Judgment 29. Orders PART 5 Further general provisions 30. Procedural applications 31. Requests for expedition 32. Grouping appeals 33. Change of interest 34. Withdrawal etc of application for permission to appeal or of appeal 35. Advocate to the Court and assessors 36. Security for costs 37. Stay of execution 38. Change of solicitor and London agents 39. Disposal of documents PART 6 Particular appeals and references 40. Human Rights Act issues 41. Devolution jurisdiction 42. Court of Justice of the European Communities 43.