Ministry of Justice responsibilities
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Burial grounds, memorials and the burial and exhumation of human remains are regulated under burial legislation in the interests of public health and the decent and respectful treatment of the dead.
We decide applications for exhumation licences, regulate the removal of human remains from disused burial grounds and consider applications for the closure of churchyards. We provide advice on burial law and practice for the public and for burial professionals, but are not for responsible for enforcing burial legislation.
The legislation is currently under review to ensure that it meets the needs of modern society.
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Our aim is to ensure that childcare proceedings are completed as quickly as possible to make the process less upsetting for children and their families. We also want to make sure that court action is only taken if absolutely necessary.
We are committed to reducing unnecessary delay in care proceedings, bringing together all the agencies involved in the care proceedings system with local accountability. We will establish cross agency local performance improvement groups to take ownership of performance improvement activities, finding local solutions to reduce delay.
We will also work with the President of the Family Division to ensure that the Practice Direction Public Law Proceedings Guide to Case Management: April 2010 is applied and embedded consistently across England and Wales.
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Civil law reform
The aim of civil law reform is to create a clear, coherent, cost-effective and accessible system of private law rights and responsibilities.
We are responsible for the general law of England and Wales relating to trusts, contracts, succession (inheritance), land ownership (including rights over land, commonhold, leases and tenancies), limitation periods and remedies. We represent the UK in European and international negotiations in relation to private international law on these matters.
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Civil procedure rules govern the practice and procedure to be followed in the civil courts.
They consolidate the previous supreme court rules and county court rules and aim to ensure that the civil justice system is accessible, fair and efficient and the rules are both simple and simply expressed.
The civil procedure rules are made by the civil procedure rule committee, an advisory non-departmental public body. We are responsible for administering the committee, including arranging the appointment of members, maintaining the committee's freedom of information publication scheme and code of practice, and ensuring the committee's rules are made widely available.
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Civil proceedings costs
Our aim is that the policy on recoverable costs in civil proceedings should provide for costs that are fair, reasonable and transparent.
We work with the judiciary and stakeholders to provide a framework in which the costs awarded are fair, reasonable and transparent and that takes account of all the users of the system.
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Claims management regulation safeguards consumers by improving the operating standards of those providing services relating to claims for compensation.
Service providers must be authorised by the Regulator or otherwise exempted. Anyone operating without authority can be prosecuted. The Compensation Act 2006 provides the statutory framework for doing this.
We are responsible for the regulation of claims management services including authorising those providing services and monitoring them to ensure compliance with the regulatory rules. We provide information and guidance to claims management services providers, consumers, legal practitioners and the advice sector on all aspects of regulation.
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Cohabitation
We are responsible for general government policy on cohabitation.
Unmarried couples have fewer legal rights and responsibilities than married couples in many areas, including property and financial rights at the end of their relationship, and many cohabiting couples are unaware of their vulnerable situation until it is too late.
The Law Commission published a report in 2007 proposing reforms to help cohabitants, similar to recent changes in Scotland. The government wishes to research the Scottish experience before considering any changes.
In the meantime, it is important to provide cohabitants with practical advice on how they can protect themselves and their families, should they wish to do so. We fund and support two not-for-profit organisations, the Advice Services Alliance and One Plus One, who provide a range of practical information on cohabitation.
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Conditional fee agreements
Conditional fee agreements, also known as 'no win, no fee', are alternative methods of funding litigation.
In this type of funding the solicitors share the risk in that if a case is lost the solicitor will not be paid but if the case is won the solicitor will charge a success fee.
CFAs provide access to justice for those who could not afford to pursue litigation and who are not eligible for public funding. CFAs can be used in all civil litigation except for family cases.
From November 2005, existing CFA regulations were revoked with the aim of simplifying CFAs and making them more transparent and easier to use for both solicitors and their clients.
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We are responsible for the law and policy governing coroners and deal with the operation of the current coroner system. Coroners are independent judicial officers appointed and paid for by the relevant local authorities who are responsible for investigating violent, unnatural deaths or sudden deaths of unknown cause and deaths in custody that are reported to them. Our responsibilities include: cross-government liaison on coroner matters queries and advice to ministers, coroners, local authorities and the public liaison with coroners and bereavement groups training for coroners and their staff supervision of the amalgamation of coroner districts other statutory casework.
Coroner reform
The government is committed to strengthening and improving the coroner system. The Coroners and Justice Bill was introduced into Parliament in January 2009, following extensive consultation, and became an Act on 12 November 2009. We have published discussion papers on sensitive reporting of coroners' cases and a draft charter for bereaved people who come into contact with the coroner service. The charter will be enabled by the Act. The coroner provisions of the Act are expected to come into force in April 2012 (establishing an appeals system may take longer). Coroners and Justice Act Coroners and Justice Bill briefing note Draft Coroners Bill and supporting documents Sensitive reporting in coroners' courtsCharter for bereaved peopleCourt fees
Court fees are generally set at levels that reflect, on average, the full cost of the processes involved, with a well-targeted system of fee remissions to protect access to justice for those who are less well off. -
We are responsible for the law and policy on cremation.
We appoint crematorium medical referees and we also provide guidance on the cremation legislation.
The main legislation is the Cremation Act 1902 and regulations made under the Act. New regulations, the Cremation Regulations 2008, came into force on 1 January 2009. The 'Cremation guidance' link in the 'Related links' box on this page will take you to the regulations, the new cremation forms and guidance for applicants, funeral directors, cremation authorities and medical practitioners.
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Criminal offences
We are responsible for policy on the scope and content of criminal offences. Our work supports the departmental objective of securing a fair, efficient and effective criminal justice system.
We aim to ensure clear, coherent, modern offences that are fair to all, meet the needs of the criminal justice system, protect the public and support the UK's EU and wider international objectives for dealing effectively with serious crime.
We lead on many offences, including homicide and violence, sex offences, pornography and obscenity, death or injury caused by bad driving, fraud and corruption. We develop proposals for new offences in these areas to meet domestic, EU and international needs. We also scrutinise new offences proposed by other government departments and advise them so that they are fit for purpose, necessary, proportionate and consistent.
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We arrange consultations on proposed new rules and help people working in the criminal justice system to draw to the Criminal Procedure Rule Committee's attention any problems with existing legislation or court procedures.
The Criminal Procedure Rules give courts in England and Wales explicit powers to actively manage the preparation of criminal cases, to get rid of unfair and unnecessary delays and promote certainty about what should be happening.
The first Criminal Procedure Rules came into force in 2005. The Criminal Procedure Rules 2010 replaced the 2005 edition and the eight amending instruments made between 2006 and 2009.
The Criminal Procedure Rule Committee will produce a consolidated edition of the Criminal Procedure Rules on a regular basis and work is underway to produce the 2011 consolidating edition, with the aim of publishing that in the summer.
On behalf of the Criminal Procedure Rule Committee, we arrange consultations on proposed new rules and handle the publicity when they are made. We help people working in the criminal justice system to draw to the Committee's attention any problems with existing legislation or court procedures.
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Crown dependencies
The crown dependencies are Jersey, Guernsey and the Isle of Man.
They are not part of the UK and have their own directly elected legislative assemblies, administrative, fiscal, legal systems and courts of law. They are not represented in the UK parliament and UK legislation does not extend to them.
We provide the main channel of communication between the UK government and the three crown dependencies. We process legislation from Jersey, Guernsey and the Isle of Man for royal assent and we consult with the islands on extending UK legislation to them. We are also responsible for recommending crown appointments in the islands.
Report from the Committee of Council for the Affairs of Jersey and Guernsey, 13 July 2011 (PDF 0.04mb)
Background briefing on the Crown Dependencies (PDF 0.08mb 6 pages)
Keeling Schedule: The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (PDF 0.36mb 54 pages)
Keeling Schedule: The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (PDF 0.14mb 54 pages)
Keeling Schedule: The Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (PDF 0.47mb 56 pages)
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Data protection
We are responsible for data protection, both domestically and representing the UK's interests internationally.
We are responsible for data protection, both domestically and representing the UK's interests internationally. The Data Protection Act 1998 governs how organisations may use the personal information that they hold - including how they acquire, store, share or dispose of it.
We develop policy that strikes a balance between the many benefits of public organisations using information and maintaining and strengthening safeguards and privacy. The use of personal data is central to the government's ability to fulfil its commitment to improve public services and provide greater protection and support - both for individuals and society as a whole.
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Divorce, dissolution and annulment
We are responsible for the law on divorce, dissolution of civil partnership, annulment of marriage or civil partnership, and any division of income, capital and assets such as the family home following that separation.
We are looking at ways to make the court process and procedures easier to understand.
We encourage the use of mediation, rather than the courts, to resolve any disputes.
Family mediation involves an independent third person to help resolve family disputes. You can find details of mediators from the Family Mediators Association and the Family Mediation Helpline.
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Domestic violence
Defined as any incident of threatening behaviour, violence or abuse between adults who are or have been intimate partners or family members, regardless of gender or sexuality.
Domestic violence is defined as 'any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality.' Violence will often be witnessed by children and must also be recognised as a child protection issue.
Our policy is to increase the rate that domestic violence is reported and brought to justice and to make sure that victims of domestic violence are adequately protected and supported. Courts can help in a number of ways as domestic violence is covered by criminal and civil law.
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Enforcement
We aim to ensure compliance with non-custodial orders and judgments of the court.
We are responsible for maintaining and developing the system for collecting and enforcing fines, confiscation orders, civil orders and judgments and the enforcement of breaches of community penalties.
As part of our duties, we:
- advise ministers and senior officials on performance, policy and operational aspects of civil and criminal enforcement
- guide and advise courts and share good practice
- procure and manage enforcement contracts
- develop and implement civil and criminal blueprints for enforcement
- implement new enforcement legislation.
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EU funding
Guidance for non-profit organisations on applying for European Union grants under its fundamental rights and justice programme.
The fundamental rights and justice fund is a €542.9 million programme running between 2007 and 2013, which aims to develop European Union citizenship, promote fundamental rights, fight racism and strengthen civil society.
The Ministry of Justice is focused on three streams:
- rights and citizenship
- civil justice
- criminal justice
The money is distributed in three main ways:
- action grants
- operating grants
- tendered contracts/public procurement.
Funding guidance
EU fundamental rights and justice funding guidance (PDF 0.06mb 11 pages)
Revised guidance, published on 26 February 2010Links
European Commission fundamental rights and justice programme
EC tenders
EC financial regulationsContact us
Tel: 020 3334 3753
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Family courts openness
We are committed to making procedures and the principles behind decisions in the family justice system more open and clear to users, and more open to scrutiny from the wider public.
We have consulted twice in recent years on improving the openness of family courts. The government's response paper 'Family Justice in View' outlines the way forward in this very sensitive and important area of policy.
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Family procedure rules govern the practice and procedure to be followed in family proceedings in the high court, county courts and magistrates' courts.
They aim to ensure that the family justice system is accessible, fair and efficient and the rules are both simple and simply expressed.
The family procedure rules are made by the family procedure rule committee, an advisory non-departmental public body. We are responsible for administering the committee, including arranging the appointment of members, maintaining the committee's freedom of information publication scheme and code of practice, and ensuring the committee's rules are made widely available.
The Family Procedure Rules 2010 were made on 13 December 2010 for implementation on 6 April 2011
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We are responsible for freedom of information policy in the UK.
The Freedom of Information Act 2000 came into force in January 2005 and gives any person the legal right to ask for and be given any information which is held by a public authority.
We develop the framework for the Act to be enacted properly by public authorities, providing them with guidance and best practice. We also develop guidance for requesters to ensure that they are able to easily use and understand the Act.
Read our freedom of information guidance section
Making a freedom of information request
If you would like to request information from the Ministry of Justice under the Freedom of Information Act then please visit Make a Freedom of Information request
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Gender recognition
The Gender Recognition Act 2004 enables transsexual people to change their legal gender and gain the rights and responsibilities of their acquired gender.
These include the right to a new birth certificate, if the birth was registered in the UK, and the right to marry in the acquired gender.
We are responsible for advising on policy on the Gender Recognition Act. The Gender Recognition Panel (part of the Tribunals Service) is responsible for deciding on applications to change gender and issuing Gender Recognition Certificates. Details of individuals who have been through this process are kept strictly confidential.
If you have any policy questions please call Tel 020 3334 3735
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Human rights
The Human Rights Act ensures that your human rights are respected by public authorities, and makes it unlawful for them to act against your rights.
If you believe that your rights have been interfered with unreasonably, it gives you a way of doing something about it.
We are responsible for developing human rights policy. We can explain what the Act should do and how public authorities should behave under the Act. However, we can't investigate alleged human rights violations and we can't give legal advice. Everyone in the UK is protected by the Act.
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Integrated offender management
Integrated offender management is a system that provides all agencies engaged in local criminal justice partnerships with a single coherent structure for the management of repeat offenders.
Young offenders (those under 18 years) are already managed using an integrated approach through Youth Offending Teams and Deter Young Offender (DYO) management. Integrated offender management builds on this by incorporating a wider range of partners. This joined-up approach helps to deliver clear operational benefits for both adult and youth systems.
Integrated offender management aims, among other things, to help local partners jointly to:
- reduce crime and reoffending, improve public confidence in the criminal justice system and tackle the social exclusion of offenders and their families
- address potential overlaps between existing approaches and programmes to manage offenders and address gaps
- align the work of local criminal justice agencies and their partners more effectively, expanding or improving on partnerships that already exist at the local, area and regional level
simplify and strengthen governance to provide greater clarity around respective roles and responsibilities
Integrated offender management builds on the success of other work – including the Prolific and other Priority Offender (PPO) programme, Drug Interventions Programme (DIP) and Multi-Agency Assessment Public Protection Arrangements (MAPPA) – to prevent, deter, catch and convict offenders by enhancing efforts to rehabilitate and resettle them.
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International
We promote the interests of the UK government in the EU, the Council of Europe and other international forums, in matters of criminal, civil and family justice, data protection, human rights and democratic engagement.
We support the UK's legal services sector abroad and promote fair and effective justice systems internationally. We promote practical cooperation benefiting citizens, improving access to justice and rights, and liberalising markets.
Related links:
The Stabilisations Unit
European e-Justice portal
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International family law
International family law policy aims to create a clear, coherent, cost-effective and accessible system of private law rights and responsibilities in relation to cross-border family disputes.
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Judicial diversity
We are committed to ensuring a judiciary of the highest calibre, with candidates drawn from the widest possible range of available talent.
In partnership with the Judicial Appointments Commission and the judiciary, our aim is to increase public confidence in the justice system through a judiciary which better reflects and has a greater understanding of the society it serves.
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Judicial pay and pensions
We fund and administer judges' pay and pensions and set their terms and conditions of service. We also arrange warrants, instruments or letters of appointment for judges once they have been appointed.
Each year we submit evidence to the Senior Salaries Review Body, which provides independent advice on judicial salaries.
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Law of tort and damages, including personal injury
The law of tort and damages enables people to assert their rights and receive compensation for damage, loss or injury suffered as a result of another's negligence.
It ensures that remedies are available where a civil wrong is committed, either under statute or the common law.
We are responsible for developing the law on tort and damages in England and Wales through legislative and procedural change, working with stakeholders and the judiciary. We represent the UK in European and international negotiations relating to these issues.
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Legal aid
Legal aid funds the provision of legal advice and representation for people who would otherwise be denied access to justice because they could not afford to pay.
We are responsible for legal aid strategy and our priority is to ensure a legal aid system for clients that is sustainable and delivers value for money for taxpayers.
We work closely with the Legal Services Commission, which is the public body responsible for administering legal aid in England and Wales. It delivers legal services through two schemes: the Community Legal Service and the Criminal Defence Service.
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Legal services reform
Legal services reform is about putting the customer first in the way legal services are regulated and delivered, providing a framework that promotes competition, and innovation.
The Legal Services Act 2007 sets out the framework for reform, which includes setting up a Legal Services Board and an Office for Legal Complaints and enabling legal services to be provided under new business structures.
On 1 January 2010 the new oversight regulator, the Legal Services Board formally went live in its regulatory role.
On 6 October 2010 the Legal Ombudsman for England and Wales formally opened. The Chief Ombudsman is Adam Sampson.
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Magistrates
We are responsible for developing policy relating to the recruitment and appointment of volunteer magistrates in England and Wales, who deal with approximately 95% of all criminal cases each year.
Our work includes the recruitment of sufficient numbers of magistrates in the areas where they are needed, ensuring that they are recruited from a diverse spectrum of the population. We encourage employers to release staff who wish to serve as magistrates, which is crucial to recruiting more magistrates under 50, a key diversity objective.
Related links:
Directgov - Becoming a magistrate
The Magistrates Association
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Marriage and civil partnerships
We are responsible for the law in England and Wales on what makes a valid marriage.
The procedures involved in a marriage or civil partnership ceremony are dealt with by the General Register Office.
The law on civil partnerships is the responsibility of the Government Equalities Office.
The law on immigration and certificates of approval is dealt with by the UK Border Agency.
Related links:
Directgov - Marriage, cohabitation and civil partnerships: your rights
Directgov - Marriage and civil partnerships: your legal obligations
Directgov - Overseas marriages and civil partnerships
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The Ministry of Justice is responsible for developing policy on alternative methods of dispute resolution.
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Membership organisations
Trade unions in England and Wales and other membership organisations can apply to the Lord Chancellor to recover costs of in-house insurance towards protecting members against adverse litigation costs
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Mental capacity
Mental capacity policy is about empowering and protecting people who may not be able to make decisions for themselves
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Parole
Some offenders are released from prison before their custodial sentence is due to end. Although the offender is released, they are still serving their sentence with conditions on their liberty.
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Paternity testing
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Penalty notices for disorder
We are responsible for the policy on penalty notices for disorder.
Penalty notices for disorder were introduced in 2004 as part of the government’s strategy to tackle low level antisocial and nuisance behaviour which formerly may have been dealt with by no more than a warning.
The aim of the scheme is to provide the police with a swift and non-bureaucratic financial punishment to deal with misbehaviour on the spot, as a practical deterrent to future reoffending. Under the scheme, police can issue penalty notices for £50 or £80 for a specified range of offences including being drunk and disorderly and cannabis possession.
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Pleural plaques former claimants payments scheme
The scheme that may make payments to those who had begun, but not resolved, legal claims for compensation for pleural plaques before a Law Lords ruling in October 2007.
Pleural plaques are small, localised areas of fibrosis caused by exposure to asbestos fibres, found within the pleura of the lung.
On 17 October 2007, the Law Lords upheld a Court of Appeal decision that the existence of pleural plaques does not constitute actionable or compensatable damage. The courts had previously regarded the existence of plaques themselves as damage and compensation had routinely been paid.
On the basis of medical evidence received during the course of this review, including reports from the Chief Medical Officer for England and Wales and the Industrial Injuries Advisory Council, the government does not consider it appropriate that the Law Lords decision should be overturned.
However, in recognition of the unique circumstances of those who had already begun, but not resolved, a legal claim for compensation before the Law Lords ruling, the government has decided to make one-off payments of £5,000 to people in that category. The scheme will apply in England and Wales.
The Ministry of Justice will be in a position to start accepting claims as soon as possible. Details about how to apply are currently being finalised, but will be made available as soon as possible.
A range of other measures are being taken to support those who have been exposed to asbestos: Government announces measures on asbestos-related illness.
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Prisons
Prisons serve the public by keeping in custody those committed by the courts.
Their duty is to look after them with humanity and help them lead law-abiding and useful lives in custody and after release. In doing so, prisons provide public protection, rehabilitation and work to reduce reoffending.
The National Offender Management Service has overall responsibility for protecting the public and reducing reoffending, so is ultimately responsible for issues and policy around prisons. HM Prison Service is responsible for 138 of the 149 prisons in England and Wales. The remaining 11 prisons are run by private sector suppliers.
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Probation
Probation is about supervising convicted offenders in the community: those subject to a court order and those released on licence from prison.
Our priorities are to reduce reoffending and protect the public.
At any one time, the National Probation Service for England and Wales, is supervising around 200,000 adult offenders in the community, of whom 90 per cent are men and about 9 per cent from ethnic minorities. It has approximately 21,000 staff working throughout England and Wales. Staff who work with offenders are highly trained professionals.
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Protecting the public and reducing reoffending
The twin aims of NOMS (National Offender Management Service) are to protect the public and reduce reoffending, contributing towards the overall objectives of the Ministry of Justice.
Protecting the public is our most important goal and will be achieved through a justice system that punishes and reforms offenders, while treating offenders lawfully and with decency.
Punishment and reform of offenders are fundamental to reducing crime and delivering justice. Reducing reoffending works for everyone:
It works for the law-abiding public because it makes our streets safer, preventing the next victim
It works for the taxpayer because fewer reoffenders means less pressure on criminal justice system resources
It works for offenders because they are able to repay their debt to society and change their ways.
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Relationship breakdown
We are developing measures to improve information and advice to parents and promote alternative ways to resolve disputes.
Parental separation is more common today than in the past. When contact disputes are handled badly, children can suffer. We are developing measures to improve information and advice to parents, promote alternative ways to resolve disputes, such as in-court conciliation, and mediation. We also aim to give the courts more flexible powers in contact cases through the Children and Adoption Act 2006.
Part 1 of the 2006 Act, implemented on 8 December 2008, gave the courts new powers for the courts to order contact activities to assist people in resolving contact disputes and new enforcement powers in relation to breaches of contact orders.
We are responsible for family justice, while the Department for Children, Schools and Families has responsibility for children, young people and families. We are working jointly with them and a range of partners to deliver these policies.
Courts have a statutory power to direct a scientific test to ascertain the parentage of a child in civil proceedings under section 20 of the Family Law Reform Act 1969 (but section 20 directions are not given in every case where parentage is an issue). If the court makes such a 'section 20 direction', they must choose a tester from the list of accredited bodies.
See the latest list of the currently accredited bodies
The Court-directed paternity testing pages provide more information on court-directed paternity testing, how to apply for accreditation and the application form.
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Sentencing
If a defendant in a court case is found guilty of a crime, a judge or magistrate will decide on a suitable sentence.
If a defendant in a court case is found guilty of a crime, a judge or magistrate will decide on a suitable sentence. A sentence needs to: protect the public, punish the offender fairly and appropriately, encourage them to make amends for their crime, and contribute to stopping reoffending and cutting crime.
There are four sentencing options available to judges and magistrates: discharges, fines, community sentences, and prison, for the most serious offences. The sentences imposed by judges and magistrates in individual cases are entirely up to them, within the maximum penalties set by law, although they must normally follow the sentencing guidelines produced by the Sentencing Council.
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Single civil and family court
Today's civil and family courts system comprises different types and levels of court that have evolved over many years.
We aim to simplify the existing system, making courts more accessible and leading to more efficient and effective civil and family justice.
The Lord Chancellor is responsible for ensuring an efficient and effective system for carrying on the business of the civil and family courts. The idea of simplifying the civil and family jurisdictions has been gathering momentum for many years. The proposed reforms will create a court structure suitable for 21st century needs.
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Victims and witnesses
The government is committed to putting victims and witnesses at the heart of the criminal justice system. Victims and witnesses are vital in the criminal justice system, without their evidence cases can collapse.
Our departmental strategy 'Every Witness Matters' puts in place measures for victims and witnesses in the criminal courts to ensure that they feel safe and comfortable; they are kept fully informed; they feel their time is valued and their contribution is appreciated.
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Women in the criminal justice system
The Women's Policy Team deals with the government's strategy for women offenders and strengthening cross-government work on meeting the needs of women in the criminal justice system.
The government is concerned about the increase in the female prison population over recent years and recognises the need to deliver a distinct response to women's offending.
The Women's Offending Reduction Programme, launched in 2004, focuses on improving community-based services and interventions that are better tailored for women, to support greater use of community disposals rather than short prison sentences.
Baroness Jean Corston's report on her Review of Women with Particular Vulnerabilities in the Criminal Justice System was published on 13 March 2007. The government published its response to the report in December 2007, and set out the first ever national service framework for female offenders in May 2008.
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Youth justice
The Unit is responsible for a number of other areas including:
- early intervention and prevention programmes
- resettlement and reducing youth reoffending
- the out-of-court system, those on community sentences and in custody
- the education of young offenders in custody
- managing attendance centres in England and Wales.

