Ministry of Justice (United Kingdom)
Headquarters, 102 Petty France, London
|Ministerial Department overview|
|Preceding Ministerial Department|
|Headquarters||102 Petty France|
|Annual budget||£6.3 billion & £600 million capital expenditure in 2018–19|
|Ministerial Department executive|
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|This article is part of the series: Courts of England and Wales|
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The Ministry of Justice (MoJ) is a ministerial department of the United Kingdom Government headed by the Secretary of State for Justice and Lord Chancellor (a combined position). Its stated priorities are to reduce re-offending and protect the public, to provide access to justice, to increase confidence in the justice system, and uphold people's civil liberties. The Secretary of State is the minister responsible to Parliament for the judiciary, the court system and prisons and probation in England and Wales, with some additional UK-wide responsibilities e.g. the UK Supreme Court and judicial appointments by the Crown. The department is also responsible for areas of constitutional policy not transferred in 2010 to the Deputy Prime Minister, human rights law and information rights law across the UK.
The British Ministry of Justice may also oversee the administration of justice in Jersey, Guernsey and the Isle of Man (which are Crown dependencies), as well as Saint Helena, Ascension and Tristan da Cunha and the Falkland Islands (which are British Overseas Territories). Gibraltar, another British overseas territory, has its own Ministry of Justice.
The ministry was formed in May 2007 when some functions of the Home Secretary were combined with the Department for Constitutional Affairs. The latter had replaced the Lord Chancellor's Department in 2003.
Prior to the formation of the Coalition Government in May 2010, the ministry handled relations between the British Government and the three devolved administrations: the Northern Ireland Executive; the Scottish Government; and the Welsh Government.
Responsibility for devolution was then transferred to the re-established position of Deputy Prime Minister, based in the Cabinet Office. He also assumed responsibility for political and constitutional reform, including reform of the House of Lords, the West Lothian Question, electoral policy, political party funding reform and royal succession.
After 2015, responsibility for devolution was transferred back to the ministry as well as the three offices for Scotland, Wales and Northern Ireland until 2019 when it was transferred to the Minister for the Union in the Prime Minister's Office. The role is currently held by Prime Minister Johnson. Reform of the House of Lords was given to the Leader of the House of Lords and the Cabinet Office. The West Lothian Question was given to the Leader of the House of Commons as was electoral policy and political party funding reform which is now handled by the Speakers Committee on Electoral Reform and the House Leader. Royal succession was given back to the ministry
The Secretary of State for Justice had responsibility for a commission on a British bill of rights. The British bill of rights was a plan to implement human rights through national law, instead of the European Convention on Human Rights being part of our law through the Human Rights Act 1998. This will have also end the binding authority the European Court of Human Rights has over British courts. This was later shelved, but recently, this has gained support since the UK left the European Union.
The Ministry of Justice retained the following UK-wide remit:
- European Union and international justice policy
- Freedom of information and data protection
- Human rights and civil liberties
- The Supreme Court of the United Kingdom
- The National Archives
As the office of the Lord High Chancellor of Great Britain, the ministry is also responsible for policy relating to Lord Lieutenants (i.e. the personal representatives of the Queen), "non-delegated" royal, church and hereditary issues, and other constitutional issues, although the exact definition of these is unclear.
The post of Lord Chancellor of Ireland was abolished in 1922 though Northern Ireland remains part of the UK. The authority of the Lord Chancellor of Ireland was transferred to the Secretary of State for Northern Ireland, currently Brandon Lewis.
England and Wales only
The vast majority of the Ministry of Justice's work takes place in England and Wales. The ministry has no responsibility for devolved criminal justice policy, courts, prisons or probation matters in either Scotland or Northern Ireland.
Within the jurisdiction of England and Wales, the Ministry of Justice is responsible for ensuring that all suspected offenders (including children and young people) are appropriately dealt with from the time they are arrested, until convicted offenders have completed their sentence. The ministry is therefore responsible for all aspects of the criminal law, including the scope and content of criminal offences. Its responsibilities extend to the commissioning of prison services (through the National Offender Management Service), rehabilitation and reducing offending, victim support, the probation service and the out-of-court system, the Youth Justice Board, sentencing and parole policy, criminal injuries compensation and the Criminal Cases Review Commission. The Attorney General for England and Wales (also the Advocate General for Northern Ireland) works with the Ministry of Justice to develop criminal justice policy.
Other responsibilities limited to England and Wales include the administration of all courts and tribunals, land registration, legal aid and the regulation of legal services, coroners and the investigation of deaths, administrative justice and public law, the maintenance of the judiciary, public guardianship and mental incapacity, supervision of restricted patients detained under the Mental Health Act 1983 and civil law and justice, including the family justice system and claims management regulation.
The Ministry of Justice is the department that facilitates communication between the Crown dependencies i.e. Jersey, Guernsey and the Isle of Man, and HM Government. These are self-governing possessions of the British monarch, through her titles as Duke of Normandy in the Channel Islands and Lord of Mann in the Isle of Man.
It processes legislation for Royal Assent passed by the insular legislative assemblies and consults the Islands on extending UK legislation to them. It also ensures that relevant UK legislation is extended to the islands smoothly.
This section needs to be updated.(September 2021)
The Ministers in the Ministry of Justice are as follows:
|The Rt Hon. Dominic Raab QC MP||Secretary of State
|Overall departmental responsibility; Oversight of all portfolios and Ministry of Justice strategy; Oversight of future relationship with the EU and international business; Resourcing of the department; Functions of the Lord Chancellor; Judicial policy including pay, pensions and diversity; Corporate services. communicating with the Attorney General's Office|
|The Rt Hon Stuart Andrew MP||Minister of State for Prisons and Probation||The Minister of State for Prisons and Probation leads on the following: Prison operations, policy, reform and industrial relations; Probation services, policy, reform and industrial relations; Public protection (including Parole Board, IPPs and Serious Further Offences); Offender health; Female offenders; Transgender offenders; Veteran offenders; Foreign national offenders (joint work with Chris Philp MP); Offender rehabilitation and release; Reducing Reoffending (joint work with Kit Malthouse MP); Extremism; ROTL and HDC; Electronic monitoring (joint work with Kit Malthouse MP); Youth Justice.|
|Tom Pursglove MP||Minister of State for Crime and Policing
(jointly with Home Office)
|Electronic monitoring; Probation policy and operations; Reducing reoffending; Public protection; Drugs; Cross cutting Criminal Justice System issues.|
|Sarah Dines MP||Parliamentary Under-Secretary of State for Justice||Criminal law & court recovery (inc legal aid); Her Majesty’s Courts and Tribunals Service administration including fees;Sentencing; Commons shadow for Lord Bellamy QC; Court & Tribunal reform programme delivery; Court & tribunal transparency.|
|Simon Baynes MP||Parliamentary Under-Secretary of State for Justice and Tackling Illegal Migration
(jointly with Home Office)
|Foreign National Offenders and Immigration; Victims and Witnesses; Marriage & Divorce; Coroners & Death management; Police, Crime, Sentencing and Courts Bill Lead; Miscarriages of justice; Mental capacity & Office of Public Guardian; SIs.|
|The Rt Hon. The Lord Bellamy QC||Parliamentary Under-Secretary of State for Justice||MoJ business in the House of Lords (excluding Criminal Legal Aid); Constitution; Human Rights; Judicial Review; Judicial Policy; Civil Justice; International; Family Justice; Tribunals Policy; Court Recovery – Civil, Family, Tribunal; Legal Aid – Civil, Family, Tribunal; Legal Services; Modern Justice System:; Legal Support; Dispute Resolution; Lawtech and emerging technologies; Crown Dependencies; Devolution and the Union.|
- Budget 2018 (PDF). London: HM Treasury. 2018. pp. 23–24. Retrieved 30 July 2019.
- List of Ministerial Responsibilities (PDF). London: Cabinet Office. 2010. p. 44.
- "Crown Dependencies: Jersey, Guernsey and the Isle of Man". GOV.UK. Retrieved 17 July 2018.
- "The Overseas Territories: Security, Success and Sustainability" (PDF). Foreign & Commonwealth Office. June 2012.
- "Chief Justice of the Falkland Islands | Judicial Appointments Commission". www.judicialappointments.gov.uk. Archived from the original on 18 July 2018. Retrieved 17 July 2018.
- "Departments & services | Government of Gibraltar". www.gibraltar.gov.gi. Retrieved 17 July 2018.
- National Audit Office (6 July 2010). Ministry of Justice, Financial Management Report (PDF). TSO. p. 10. ISBN 978-0-10-296533-9.
- "Role - Justice Committee". UK Parliament. Retrieved 28 August 2021.
- "Conservative Liberal Democrat Coalition Agreement". Conservative Party. 12 May 2010. Archived from the original on 15 May 2010. Retrieved 13 May 2010.
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- "Home Office to be split in two". BBC News Online. BBC. 29 March 2007. Retrieved 29 March 2007.
- "Attorney General's Office - About us". Gov.uk. Retrieved 5 December 2018.
- "Ministry of Justice – What we do – Crown dependencies". Retrieved 7 April 2013.
- "Our ministers". GOV.UK. Prime Minister's Office, 10 Downing Street. Retrieved 1 August 2019.
- "Lord Chancellor and Secretary of State for Justice - GOV.UK". www.gov.uk. Retrieved 1 August 2019.
- "The Attorney General of England and the Attorney General of the United States". Duke University School of Law. Retrieved 3 March 2020.
- "Minister of State - GOV.UK". www.gov.uk. Retrieved 1 August 2019.