Greetings of the Season 2025

To all readers - A Very Happy Christmas and New Year 2025.

I've taken a little break from blogging but will resume around New Year 2026

 

Grooming gangs inquiry - Government announcement 9 December 2025

On Tuesday 9 December 2025, the Home Secretary (Shabana Mahmood MP) informed the House of Commons of the appointment of a Chair for the Grooming Gangs Inquiry and also published DRAFT terms of reference. The announcement was long-awaited.

The appointed Chair is Anne Longfield (Baroness Longfield) who was the Children's Commissioner for England from from March 2015 until the end of February 2021. On receiving her peerage, Longfield took the Labour Whip in the House of Lords which she will now resign.

There are to be two other

Sandie Peggie v Fife Health Board and Dr Beth Upton

On 8 December 2025, the Employment Tribunal (Scotland) handed down judgment in the case of Sandie Peggie v Fife Health Board and Dr Beth Upton. The complete judgment extends to 312 pages and is available via the Judiciary website.

Sandie Peggie claimed against both her employer (Fife Health Board) and Dr Beth Upton. The claims related to the use by Dr Upton (a trans woman) of a female changing room at Victoria Hospital (Kirkcaldy) where both Sandie Peggie and Beth Upton worked,

Sandie Peggie alleged breaches of the Equality Act 2010 in relation

Joey Barton receives Suspended Sentence Order for Malicious Communications

A post of 18 September 2025, noted that modern English criminal law has a considerable number of statutory "Communications" offences.

• Malicious Communications Act 1988 section 1 - Offence of sending letters etc. with intent to cause distress or anxiety.

• Communications Act 2003 section 127 - Improper use of public electronic communications network.

• Online Safety Act 2023 Part 10 - this contains several offences relating to communications. 

Mr Joseph ("Joey") Barton was a professional footballer for Manchester City FC (2002 - 2007) and Manchester United FC (2007 - 2011). 

On 8 December 2025, he was sentenced for 6 offences under section 1(1)(b) of the Malicious Communications Act 1988.  He was convicted of the offences by a jury.

The section applies to

Local government - Elections

On 16 December 2024, the government published the English Devolution White Paper. This envisaged major changes to the structure of local government. The plans move away from the "two-tier" structure (County and District Councils) which has largely prevailed since the Local Government Act 1972.

The same day, the government wrote to all councils in remaining two-tier areas to set out plans for a programme of both devolution and local government reorganisation - see Local Government Association - Devolution Deals. 

On 5 February 2025, the government made a statement about English Devolution and Local Government. The Minister - (then Angela Rayner MP) - said

The jury is out ..... Secretary of State for Justice announces proposals for criminal justice reform

Back in July, Sir Brian Leveson (a former Lord Justice of Appeal) published the first part of his Independent Review of the Criminal Courts. Initial thoughts about the report may be read in the previous post 6 July 2025. 

Independent Review of the Criminal Courts Part 1 (pdf 388 pages). Part 2 of the report - (Efficiency) - continues to be awaited.

On Tuesday 2 November 2025, the Secretary of State for Justice (Mr David Lammy MP) announced to the House of Commons the government's proposals for criminal justice reforms - see Hansard 2 December. 

At this point we can note that indictable-only offences (i.e. triable ONLY in the Crown Court) will continue to be tried with juries. There are many such offences including murder, manslaughter, causing death by dangerous driving, robbery, aggravated burglary etc. 

An exception will be 'exceptionally technical and lengthy fraud and financial trials' where judges will be able to sit without a jury where appropriate. Lammy said - 'While those cases are small in number, they place undue pressure on jurors to sit for months—a significant interference with their personal and professional lives.'  Naturally one wonders whether that reasoning will come to apply to other types of case - e.g. cases involving difficult forensic or medical evidence etc.

Many offences are "triable either-way" -

The jury under attack from government

“You have little choice when you receive your jury summons. But the criminal justice system relies on you as members of the public to give up your time, pull yourselves from your everyday lives, turn up at court, listen to the evidence, be patient when there are delays, and ultimately make decisions about your peers. The jury system is the best and fairest way of deciding the outcome of trials” - remarks to the jury of  HHJ David Herbert KC, 20 November 2025 at Northampton Crown Court.  

Back in July, Sir Brian Leveson published the first part of his Independent Review of the Criminal Courts. Initial thoughts about the report may be read in the previous post 6 July 2025. 

Independent Review of the Criminal Courts Part 1 (pdf 388 pages). Part 2 of the report - (Efficiency) - is awaited.

The report, if adopted in full, will result in only the more serious criminal cases being tried by Judge and Jury in the Crown Court.    

At the outset, Leveson set the background - 'Criminal justice is in crisis. The open caseload in the Crown Court has now reached a record high. As of December 2024, there were over 75,000 outstanding cases in the Crown Court. That is more than double the numbers in 2019, and trials are being listed as far ahead as 2029.'

The crisis has come about mainly 

Information Commissioner Decision ~ Cabinet Office do not have to disclose whether any Ministers declared a criminal conviction to officials

The Rt Hon Louise Haigh is the Labour MP for Sheffield Heeley, and has been an MP continually since 7 May 2015. She was Secretary of State for Transport from 5 July 2024 until her resignation on 28 November 2024. 

Haigh's resignation came about after it emerged that, in 2013 before becoming an MP, she had made a false report to the Police. In the Magistrates' Court she pleaded guilty and received a conditional discharge - see BBC 29 November 2025.

On 5 December 2024, a "complainant" submitted a request to the Cabinet Office - "Please state whether any current ministers declared a criminal conviction to officials during their appointment process. If any, please state the number of current ministers [who] declared a criminal conviction to officials during their appointment process.”

The Cabinet Office

Misconduct in Public Office - would a prosecution of Ministers succeed?

In the immediate aftermath of the Covid-19 Inquiry's second report (previous post) there have been some calls (notably on X) for prosecution of Ministers for the common law offence of Misconduct in Public Office over their handling of the pandemic back in 2020.

 

The Inquiry Chairman (Baroness Hallett) characterised the handling as 'too little, too late.'

 

However that may be it is unlikely that any prosecution for this common law offence would have any prospect of success.

 

Baroness Hallett (Inquiry Chair) said:

Covid-19 Inquiry - a note on the Second Report (Core decision-making and political governance)

The Covid-19 Inquiry was announced by Prime Minister Boris Johnson in May 2021. It operates under the Inquiries Act 2005 and is chaired by Baroness Heather Hallett - a former Lady Justice of Appeal. 

Following a public consultation, the Chair wrote to the Prime Minister to recommend changes to the draft Terms of Reference. The final Terms of Reference were received in June 2022. 

The Inquiry published its first report and recommendations on Thursday 18 July 2024. This examined the state of the UK’s central structures and procedures for pandemic emergency preparedness, resilience and response.

The Inquiry's second report (Core decision-making and political governance) was published on Thursday 20 November 2025. This examines initial response, central government decision making, political and civil service performance as well as the effectiveness of relationships with governments in the devolved administrations and local and voluntary sectors.

See Covid-19 Inquiry Reports.

On 14 November 2025, the government published

UK Supreme Court - Judgment in JR87 - Religious education in Northern Ireland

The Supreme Court of the UK has given judgment in a case from Northern Ireland - An application by JR87 and another for Judicial Review

The decision concerns Article 9 of the ECHR (Freedom of thought, conscience and religion) and Article 2 od Protocol 1 to the ECHR. 

 

Asylum and returns - Home Secretary's announcement 17 November 2025

On 17 November 2025, the government issued a Policy Paper - Restoring Order and Control: A statement on the government's asylum and returns policy.  As ever, please give the paper a full and fair reading.

The Home Secretary clearly stated that the present government has no intention of taking the UK out of the European Convention on Human Rights (ECHR) - (see Hansard - answers to questions). The government claims to have learned lessons from 'international partners, including Denmark' where fundamental reform to its system has seen asylum claims at a 40-year low.  

The Hansard report of the Home Secretary's announcement is HERE. 

 The Introduction to the Paper contains

Home Secretary seeks a tougher ("Denmark style") scheme

The Immigration Act 1971 section 3(2) states that - 'The Secretary of State shall from time to time ... lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter, .....'

The section provides that either House of Parliament may disapprove a statement. Critics have argued that there should be a more rigorous scrutiny and approval process. 

 

The Immigration Act 1971 sets

The British Broadcasting Corporation (BBC)

The BBC is under attack from various politicians following news is that the BBC Director-General (Tim Davie) and the Chief Executive Officer of BBC News (Deborah Turness) have resigned.

Davie's resignation follows a leaked internal memo stating that a Panorama documentary on President Donald J Trump made it appear that Trump directly called for an attack on the United States Capitol (6 January 2021).

 

The BBC exists by virtue of a Royal Charter. The current Charter began on 1 January 2017 and will end on 31 December 2027. The history of the Charter is set out HERE. 

An Agreement

Terrorism Act 2000 Schedule 7 - Port and Border Controls

At Westminster Magistrates' Court, Mr Stephen Lennon was acquitted of a charge under Schedule 7 of the Terrorism Act 2000 ('the TA').  Lennon is also known as "Tommy Robinson."

It was alleged that, on 28 July 2024 at the Channel Tunnel he failed to comply with a duty imposed under or by virtue of Schedule 7 of the TA in that he failed to provide the PIN access code to his mobile telephone.

Full details of the case are set out in the remarks of District Judge (Magistrates’ Courts) Goozée - see Judiciary R v Stephen Lennon. 

The judge set out the relevant law at paragraphs 7 to 22 of his remarks.

Military Justice - Some recent Court Martial sentences

Jaysley Beck was a young woman who had enlisted in the British Army. She held the rank of Gunner in the Royal Artillery and became the victim of a sexual assault committed by Warrant Officer Michael Webber (43). Five months later, in December 2021, Gunner Beck was found dead in her barracks at Larkhill, Wiltshire. 

Webber pleaded guilty to one count of sexual assault and was sentenced by the Court Martial to 6 months imprisonment. He will be on the sex offenders register for 7 years.

Further details of the case may be seen at BBC News 31 October 2025.

 

In February 2025, the Coroner concluded that -  

Mr Andrew Mountbatten Windsor (now Mountbatten-Windsor)

Updated post 15 November 2025

On Thursday 30 October 2025, a statement was issued from Buckingham Palace -  

'His Majesty has today initiated a formal process to remove the style, titles and honours of Prince Andrew.

Prince Andrew will now be known as Andrew Mountbatten Windsor.

His lease on Royal Lodge has, to date, provided him with legal protection to continue in residence.

Formal notice has now been served to surrender the lease and he will move to alternative private accommodation.

These censures are deemed necessary, notwithstanding the fact that he continues to deny the allegations against him.

Their Majesties wish to make clear that their thoughts and utmost sympathies have been, and will remain with, the victims and survivors of any and all forms of abuse.'

 

 

Whilst the statement does not set out details of the 'formal process' it is obviously based on the premise that HM The King is legally entitled to remove Andrew's titles.

 

In the light of various Parliamentary publications, it is questionable whether that premise is entirely accurate in relation to peerages.

 

The reference

Housing - Selective Licensing

Within both the nation generally and the business community there are serious concerns about the forthcoming budget to be delivered by the Chancellor of the Exchequer on 26 November 2025 - see, for example, BBC News 28 October 2025. It is likely that an already hard-pressed population will face additional taxation. Taxe rises on business will doubtless be passed on to customers. Public services are likely to face cuts. 

It is against this political background that the Chancellor (Rachel Reeves MP - Leeds West and Pudsey) is facing criticism because she did not obtain a selective licence which is required to rent out her property in Dulwich, part of the London Borough of Southwark - BBC News 29 October 2025 and see Southwark Selective Licensing.

Selective Licensing arises

Section 60 Order at Southport

On 26 October, Merseyside Police announced that a "section 60 order" was in place in a defined part of Southport - see the announcement. The order was put in place as part of policing a ‘Unite the Kingdom’ march.  

The actual legislation is section 60 of the Criminal Justice and Public Order Act 1994.

 

The order gives officers

Criminal damage aimed at impairing the delivery of aid to Ukraine - Sentencing

At the Old Bailey on 24 October 2025, six individuals were sentenced by Mrs Justice Cheema-Grubb. Sentencing remarks are available via the judiciary website. They were a group who carried out a serious act of criminal damage intended by their paymasters to impair the delivery of aid to Ukraine.

The 6 individuals were: DYLAN JAMES EARL, JAKE SAMUEL REEVES, NII KOJO MENSAH, JAKEEM BARRINGTON ROSE, UGNIUS ASMENA, ASHTON EVANS. The defendants were aged between 19 and 22 years at the relevant time. 

Dylan Earl:

He was sentenced (para 24) for 

Soldier F - Non-jury trial in Northern Ireland

Update: Thursday 23 October - Soldier F found not guilty on all counts

Fifteen years ago, this blog published On-going matters in Northern Ireland: a legacy of the Diplock Courts. 

The Bloody Sunday Inquiry Report had just been published - see Law and Lawyers 15^th June 2010.  The Inquiry report may be seen HERE.

The Inquiry was chaired by Lord Saville of Newdigate. In October 2020, he gave evidence to the House of Commons Northern Ireland affairs Committee.

During "The Troubles" in Northern Ireland, Lord Diplock  (1907-1985) suggested a form of non-jury trial for what were known as "scheduled offences." Diplock’s report can be seen here.  

Under the Justice and Security (Northern Ireland) Act 2007 the Diplock court system was replaced by a revised system in which the Director of Public Prosecutions for Northern Ireland may issue a certificate to require trial to  be conducted without a jury. The applicable conditions are in section 1 of the Act. The legislation has been kept in force and was recently extended - see the 2025 Order.

 

Such a trial

Palestine Action ~ Judicial Review of proscription may proceed

Following a judgment by the Court of Appeal (Civil Division), the judicial review of the decision to proscribe Palestine Action may proceed on grounds specified in the judgment.

The King (Huda Ammori) v Secretary of State for the Home Department [2025] EWCA Civ 1311 

Previous post 24 June 2025 

This appeal was concerned solely with the question of whether the challenge could proceed by way of judicial review in the High Court or should be considered by the Secretary of State with any appeal being heard by Proscribed Organisations Appeals Commission (POAC). The appeal had nothing to do with the substantive merits of the challenge.

Proscribed terrorist groups or organisations (gov.uk)

Concern raised over discontinued Official Secrets Act 1911 cases

The Crown Prosecution Service (CPS) discontinued prosecutions brought, under the Official Secrets Act 1911, against two men: Christopher Clark and Christopher Berry - The Independent (15 September 2025).

Mr Cash was a parliamentary researcher who worked with senior politicians from the Conservative Party, with a focus on security and foreign affairs. Mr Berry is an academic based in Oxfordshire who had taught in China since 2015. The two men were accused of being in contact with each other and a person suspected of being a Chinese intelligence agent. 

When the men were charged, the CPS issued a statement (22 April 2024) setting out details of the charges. The charges included the phrase 'useful to an enemy'

It was clearly incumbent on the prosecution to establish that "useful to an enemy" included China.

In 

Judicial Review - Notes for Students

Introduction

Public Law Project describes JUDICIAL REVIEW as 'a way of challenging the decisions, acts (and sometimes the failure to act) of a public body, because it has not acted lawfully. It is a court procedure, brought in a branch of the High Court known as the Administrative Court, or in relation to certain types of case, in the Upper Tribunal' - (see Introduction to Judicial Review - pdf).

The key to judicial review lies in the words 'lawfully' and 'public body.'  Essentially, the court is not concerned with the merits of the action taken by a public body but the court is concerned with whether the action taken is lawful. A basic example arises when the court ensures that a public body acts within the powers given to that public body by Parliament. 

 

When they are deciding judicial review cases, judges

Does membership of the Council of Europe require adherence to the European Convention on Human Rights (ECHR)?

A report prepared by Lord Wolfson of Tredegar KC (Shadow Attorney-General) and Helen Grant (Shadow Solicitor General) has been published - Wolfson Report. The report is headed - ADVICE TO THE LEADER OF THE CONSERVATIVE PARTY RE ECHR. 

It is well-known by now that both Reform UK and now the Conservative Party plan to denounce the European Convention of Human Rights which is seen by politicians connected with those parties as an obstacle to them achieving aims such as introducing tougher controls over immigration and making deportations easier.

Image - Palais de l'Europe, Strasbourg

Wolfson's general conclusion is that the UK could denounce the ECHR and not suffer major international difficulties in so doing. In common with several other commentators, I profoundly disagree - (see, for example, the links at the end of this post).

One particular question

Eight men jailed for sexually abusing child (aged 15) in Bradford during the period 2002-4

The Crown Prosecution Service (CPS) has reported the sentencing of eight men for their roles in the sexual exploitation of a vulnerable child in Bradford more than 20 years ago. - CPS News 3 October 2025.

The CPS notes that - Reporting restrictions have now been lifted, allowing the case to be reported for the first time since proceedings began in January 2025.

The various convictions arise from three trials. 

 

Rape convictions were:

Powers to stop protest ~ Public Order Act 1986

Addition 5 October 2025 and 6 October 2025

One of the headlines to catch my eye this morning was The Guardian's - Police ask for Palestine Action protest to be postponed to free up officers in wake of terror attack. The report states that - 'Police have asked organisers of a mass protest against the ban on Palestine Action to postpone it so that resources can be used to protect Jewish and Muslim communities after the terror attack at a Manchester synagogue.'

It is also reported that Defend Our Juries said that it intends to go ahead with its action on Saturday.

 

The terror attack referred to is the Thursday (2 October) attack at a synagogue

DHSC v PPE Medpro [2025] EWHC 2486 (Comm)

Remember the Covid-19 pandemic / crisis back in 2020 - 21?  This blog covered the pandemic extensively during those difficult times - (e.g. HERE).

Remember the urgent need for Personal Protective Equipment (PPE) in hospitals and elsewhere?

Remember the "High Priority Lane" (HPL) by which Ministers granted PPE contracts to numerous companies some of which had no prior experience of manufacturing such equipment to the required standards? 

PPE Medpro was incorporated

Government announces Digital Identity Card scheme

Leaving aside World Wars, the United Kingdom avoided Identity Cards until the enactment of the Identity Cards Act 2006. This spawned numerous statutory Regulations and the cost to public finances was enormous - (in excess of £250 m). Worse still, the cards did not achieve very much.

The Identity Documents Act 2010 repealed the 2006 Act and information held on a National Identity register was destroyed.

The UK's considerable immigration issue was not solved by the previous Conservative Governments (over 14 years) despite the enactment of voluminous legislation.

The Labour government (elected in 2024) is now in the throes of trying to stop irregular immigration such as "small boats" crossing the English Channel. Hence, the recent UK-France Treaty - (ratified 4 August 2025) and the Border Security, Asylum and Immigration Bill currently at Committee Stage in the House of Lords. 

The latest idea from government is to go back to Identity Cards which, it is claimed, are necessary to prevent illegal working (previous post) and, at least, stem irregular immigration. As ever with government projects, it is likely that the financial costs will be huge.

 

 An important point is that asylum seekers are

Public processions and assemblies - Public Order Act 1986 / Articles 10 and 11 ECHR

Recent days have seen a considerable number of protests about matters such Palestine Action (a body now proscribed under Terrorism legislation), Recognition of Palestine as a State, and the housing of immigrants in hotels such as The Bell Hotel, Epping (previous post). On 13 September, a march took place in London organised by activist Stephen Yaxley-Lennon (aka Tommy Robinson) and that was met by counter-protesters.

Part II of the Public Order Act 1986 imposes a requirement for advance notice to be given to the Police of 'public processions.'  A public procession is defined by the legislation, in a circular way, as ' a procession in a public place' (section 16). The general requirement is that the organisers of public processions have to give notice to the Police 'not less than 6 clear days before the date when the procession is intended to be held' - section 11(5).

 

The legislation allows the Police

Communications offences - a brief note

Modern English criminal law has a considerable number of statutory "Communications" offences.

• Malicious Communications Act 1988 section 1 - Offence of sending letters etc. with intent to cause distress or anxiety.

• Communications Act 2003 section 127 - Improper use of public electronic communications network.

• Online Safety Act 2023 Part 10 - this contains several offences relating to communications. 

 

Earlier this week

Public Office (Accountability) Bill - introduced to Parliament 16 September 2025

The Public Office (Accountability) Bill is now before Parliament. It is a Bill 'to impose a duty on public authorities and public officials to act with candour, transparency and frankness; to make provision for the enforcement of that duty in their dealings with inquiries and investigations; to require public authorities to promote and take steps to maintain ethical conduct within all parts of the authority; to create an offence in relation to public authorities and public officials who mislead the public; to create further offences in relation to the misconduct of persons who hold public office and to abolish the common law offence of misconduct in public office; to make provision enabling persons to participate at inquiries and investigations where the conduct of public authorities may be in issue; and for connected purposes.' 

The Bill (as introduced) - Public Office (Accountability) Bill and Explanatory Notes

 

Although it is a relatively short Bill

The House of Lords and the Hereditary Peers

As is well-known, the United Kingdom Parliament is "bicameral" (comprising two Houses) - the (unelected) House of Lords and the (elected) House of Commons. The House of Lords is made up of a number of hereditary peers (i.e. those entitled to attend by birth), the two Church of England Archbishops and a number of Bishops, and Life Peers. The latter are appointed, technically by the Crown, on the recommendation of the Prime Minister. In practice, this amounts to a Prime Ministerial power of appointment and its use has been controversial particularly in some recent cases. 

 

A major criticism of the House of Lords is the size of its membership - currently 851 - see the Dashboard.

The Labour Party's 2024 manifesto made it clear that 

Parliamentary committees - Notes for Students

Major debates in Parliament frequently attract significant media attention and, almost every week, Prime Minister's Questions (PMQs) in the House of Commons is analysed in detail by numerous commentators. 

In practice, the work of Parliament is much more extensive and many important matters are examined by Select Committees.

"Select Committees" operate in both House of Parliament - Select Committees 

They check and report on numerous areas and, in particular, the work of government departments.

 

The current list

Grooming Gangs - The Inquiry - What has been done so far?

With additions .....

On 2 September 2025, Jess Phillips MP (Parliamentary Under-Secretary of State, Home Office) updated the House of Commons on the progress being made to deliver Baroness Casey’s recommendations following her national audit on group-based child sexual exploitation and abuse, which was published before the summer recess. 

Statement - House of Commons - 2 September 2025 

Baroness Casey - Report of the National Audit on Group-based Child Sexual Exploitation and Abuse (197 pages).

 

Recommendation 2 of Casey's report stated

Parliament - a point on the scrutiny of Ministers

Back in November 2023, former Prime Minister David Cameron returned to government as Secretary of State for Foreign, Commonwealth and Development Affairs. He did not have a seat in Parliament and so he was created Baron Cameron of Chipping Norton, enabling him to sit in the (unelected) House of Lords.

A previous post looked at that particular situation - post 14 November 2023

 

Under the UK's constitutional arrangements, Cameron's appointment was entirely lawful BUT it raised the question of how elected MPs in the House of Commons could scrutinise his work. This was of concern

Another Secretary of State for Justice and Lord Chancellor + a note on Angela Rayner MP leaving government

Since May 2010, 12 individuals have held the post of Secretary of State for Justice and Lord Chancellor. Here is the list.  (Dominic Raab held the post twice).

The most recent change occurred on 5 September following the resignation from government of Angela Rayner MP (who was Deputy Prime Minister). Rayner's departure spurred the Prime Minister (Sir Keir Starmer) into a major 'reshuffle' of ministerial posts. One of the moves was to appoint David Lammy MP as Deputy Prime Minister and to move the Justice Secretary (Shabana Mahmood MP) to the Home Office.

Ever since the Constitutional Reform Act 2005 section 2, the Lord Chancellor need not have legal qualifications but that is not the case with either Mahmood or Lammy.

 

Shabana Mahmood studied law at

Reform of the ancient double jeopardy rule

Historically, English criminal law stood against repeated retrials of alleged offenders - the double jeopardy rule. Hence, if a defendant (D) was either acquitted or convicted of an offence he could not be tried again for that offence. 

It was a rule that prevented persecution of individuals but was also capable of producing distressing results especially in cases where there was new evidence justifying a retrial.

 

Reform to the double jeopardy rule came with Part 10 of the Criminal Justice Act 2003 (the 2003 Act). This permits retrials but only in respect of a number of qualifying offences, where new and compelling evidence has come to light. 

The list

Sentencing Bill 2025

Here is the Sentencing Bill introduced to the House of Commons by the government on 2 September 2025.

The text of the Bill (as introduced) is HERE. 

Explanatory Notes are also published - HERE.  

 

This Bill makes sentencing reforms in line with the recommendations made by the Independent Sentencing Review (ISR) in May 2025. 

Clause 19

Handling the backlog of immigration / asylum appeals ~ independent professional adjudicators?

Concern within government over immigration cases is driving change to the handling of asylum appeals, currently dealt with by the tribunal system. Ministers plainly wish to speed up the legal process and, presumably, achieve earlier deportation of those whose claims are rejected. Fuller details of the government's plans will be announced in the autumn. Meanwhile, it is worth noting some of the early expressions of concern. First, let's briefly look at the existing tribunal system.

 

The system of Courts and Tribunals in England and Wales is well-described by the Incorporated Council of Law Reporting for England and Wales (ICLR) - The Courts and Tribunals of England and Wales. 

First-tier Tribunal

Injunction - Epping Forest District Council ~ Use of hotels to house migrants

Updates 22 August, 23 August 2025, 31st August 2025. 11 November 2025

It is reported in the press that the High Court has granted an interim injunction in favour of Epping Forest District Council to prevent migrants being accommodated at The Bell Hotel in Epping. The hotel is owned by Somani Hotels Ltd - (a private limited company). The Council wished the hotel to be cleared of its occupants within 14 days but the High Court extended the time limit to 12 September. 

The Council claims that Somani Hotels are in breach of planning "change of use" rules because the site is not being used for its intended purpose as a hotel. However that may be, the use of the hotel to house immigrants has attracted protest following the arrest for alleged sexual offences of two men staying there. 

Sky News 19 August 2025 - Asylum seekers face being removed from Epping hotel after council granted High Court injunction.

 

Law 

The legal system

Two controversial criminal cases

Case 1

In August 2024, Mr Ricky Jones (a Labour Party Councillor) was charged with encouraging violent disorder. He was tried by a jury in the Crown Court (at Snaresbrook, pictured below). The charge arose from Jones' attendance at an 'anti-racism rally' at which he called for the throats of 'far-right activists' to be cut. 

The offence of "encouraging" is in the Serious Crime Act 2007 . Violent Disorder is an offence under the Public Order Act 1986 section 2.

Jones was acquitted by the jury - BBC News 15 August 2025. 

Crown Court - Snaresbrook

Case 2

Protests and face-coverings

In the aftermath of the 1984 Miner's Strike, the Public Order Act 1986 was enacted. 

Until 1986, apart from some minor changes, there was a legislative gap of 50 years after the enactment of the Public Order Act 1936 which was aimed at genuinely far right* political movements such as the British Union of Fascists led by Oswald Mosley (1896 - 1980).

Since the 1986 Act, there has been almost continual action by politicians of all parties in government to restrict and control protest. This trend continues with the Crime and Policing Bill, currently before the House of Lords. Part 9 of the Bill is headed 'New Offences relating to protests and assemblies' and includes Clause 118 (Concealing identity at protests). 

The outcome is that 'public order' is governed by a complex and extensive accumulation of legislation such that it is, in practice, very difficult to protest without breaking the law in some way.

 

Concealing identity (e.g. Face coverings)

House of Lords Justice and Home Affairs Committee - report - the purpose of prison

A recently published House of Lords report recommends that the Ministry of Justice (MoJ) should set out a clear and consistent statement of the purpose of prison, with reducing reoffending as central - House of Lords: Justice and Home Affairs Committee 16 July 2025.

 

The report comments that our prisons are in a state of crisis and notes that -

'Prisons play a role in punishment, protecting the public, reducing reoffending, and preparing prisoners for lives outside. But there is lack of clarity about which of these should be given priority.

Our view is that being in prison is the punishment and once there, the focus should be on reducing reoffending.

The punishment is the deprivation of liberty. Beyond that, prisoners must be treated with dignity as human beings who are capable of change and deserving of the opportunity to rebuild their self-esteem and their lives.'

On Monday 11 August 2025, the prison population was 88,238 against a 'useable operational capacity' of 89,529 - (UK Government weekly estate figures). That is 98.6% of capacity. This appears to be the highest prison population in Western Europe. 

 

Wikimedia Foundation v Secretary of State for Science, Innovation and Technology

As noted in the earlier post 28 July 2025,  the Online Safety Act 2023 received Royal Assent on 26 October 2023. The Act extends to 241 Sections (divided into 12 parts) and 17 Schedules. Then there is secondary legislation and "guidance". The result is a complex legal framework for UK regulation of the internet - UK Government Online Safety Act and Online Safety Act: Explainer.  

The Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025  - (the categorisation regulations) - were 'made' by the Secretary of State on 26 February 2025.

 

Judicial review 

The Wikimedia Foundation and a second claimant (BLN) brought judicial review

Judicial appointments - Court of Appeal (Civil Division) decision in The King (on the application of Thomas) v Judicial Appointments Commission

The Constitutional Reform Act 2005 included provisions to reform the judicial Appointments process.

The reform included the creation of the Judicial Appointments Commission (JAC) which ' selects candidates for judicial office in England and Wales, and for some tribunals with UK-wide powers.'

 

The appointments process received some recent judicial scrutiny

The government's Islamophobia working group

With Addition 21 October 2025

The UK government has set up a working group on Anti-Muslim Hatred / Islamophobia Definition. The terms of reference are HERE.  The group has five members and is chaired by former Attorney General Dominic Grieve KC. 

 

The working group is to advise the

Online Safety Act 2023 - a short note

The Online Safety Act 2023 received Royal Assent on 26 October 2023. The Act extends to 241 Sections (divided into 12 parts) and 17 Schedules. Then there is secondary legislation and "guidance". The result is a complex legal framework for UK regulation of the internet - UK Government Online Safety Act. 

The commencement process has also added complexity but, by the end of 2025, almost the whole of the Act will be in force. 

 

The government has published an Explainer - HERE. This begins - 

Illegal Working - Right to work checks

According to published government information, in the period 1 October 2024 to 31 December 2024, 489 civil penalties were issued for illegal working, 771 illegal workers were found, and the gross value of penalties issued was £29,200,000. The recoverable value will be lower due to adjustments made following objections and / or appeals.

 

 

An employer is liable for a civil penalty under section 15(2) of the Immigration, Asylum and Nationality Act 2006 where the employment commenced on or after 29 February 2008.  In England and Wales,

R v Hayes and R v Palombo - Conspiracy to defraud convictions quashed by the Supreme Court of the UK

LIBOR was the abbreviation for the London Interbank Offered Rate. Money market traders found themselves able to earn money for their bank (and, through their personal pay structure, for themselves) by subtle manipulations of the rate.  Very small alterations in the rate equated to considerable sums of money.  The process was well described by Alex Bailin QC (now KC) in The Guardian 4th July 2012 The Law catches up with LIBOR

 

 

In 2015, Mr Tom Hayes