102 Petty France, Westminster | |
Ministerial Department overview | |
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Formed | 2007 |
Preceding Ministerial Department | |
Jurisdiction | Government of the United Kingdom |
Headquarters | 102 Petty France Westminster, London |
Employees | Over 77,000 |
Annual budget | £6.3 billion & £600 million capital expenditure in 2018–19 [1] |
Secretary of State responsible |
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Ministerial Department executive | |
Child agencies | |
Website | gov |
This article is part of a series on |
Politics of the United Kingdom |
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United Kingdomportal |
This article is part of the series: Courts of England and Wales |
Law of England and Wales |
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The Ministry of Justice (MoJ) is a ministerial department of the Government of the United Kingdom. It is 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 to uphold people's civil liberties. [2] The Secretary of State is the minister responsible to Parliament for the judiciary, the court system, 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, Tristan da Cunha, and the Falkland Islands (which are British Overseas Territories). [3] [4] [5] Gibraltar, another British overseas territory, has its own Ministry of Justice. [6]
The ministry was formed in May 2007 when some functions of the Home Secretary were combined with the Department for Constitutional Affairs. [7] The latter had replaced the Lord Chancellor's Department in 2003.
The expenditure, administration, and policy of the Ministry of Justice are scrutinised by the Justice Select Committee. [8]
Prior to the formation of the Coalition Government in May 2010, [9] [10] 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. 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 UK law through the Human Rights Act 1998. This would have also ended the binding authority the European Court of Human Rights has over British courts. [11] This was later shelved, but recently, this has gained support since the UK left the European Union.[ citation needed ]
The Ministry of Justice retained the following UK-wide remit:
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 King), "non-delegated" royal, church and hereditary issues, and other constitutional issues, although the exact definition of these is unclear. [12]
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. [13]
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. [14] 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. [15]
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 his 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. [16]
The Ministers in the Ministry of Justice are as follows, with cabinet ministers in bold: [17]
Minister | Portrait | Office | Portfolio |
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The Rt Hon. Shabana Mahmood KC MP | Secretary of State for Justice Lord Chancellor |
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The Rt Hon. The Lord Timpson | Minister of State for Prisons, Probation and Reducing Reoffending |
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Sarah Sackman KC MP | Minister of State for Courts and Legal Services |
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Alex Davies-Jones MP | Parliamentary Under-Secretary of State for Victims |
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The Rt Hon. The Lord Ponsonby of Shulbrede | Parliamentary Under-Secretary of State for Justice |
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Nic Dakin MP | Parliamentary Under-Secretary of State for Sentencing |
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The Permanent Secretary at the Ministry of Justice is Dame Antonia Romeo, who is by virtue of her office also Clerk of the Crown in Chancery.
In most common law jurisdictions, the attorney general or attorney-general is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.
The United Kingdom has three distinctly different legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English law, Scots law, Northern Ireland law, and, since 2007, calls for a fourth type, that of purely Welsh law as a result of Welsh devolution, with further calls for a Welsh justice system.
The secretary of state for the Home Department, more commonly known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom and the head of the Home Office. The position is a Great Office of State, making the home secretary one of the most senior and influential ministers in the government. The incumbent is a statutory member of the British Cabinet and National Security Council.
The Home Office (HO), also known as the Home Department, is a ministerial department of the Government of the United Kingdom. It is responsible for immigration, security, and law and order. As such, it is responsible for policing in England and Wales, fire and rescue services in England, Border Force, visas and immigration, and the Security Service (MI5). It is also in charge of government policy on security-related issues such as drugs, counterterrorism, and immigration. It was formerly responsible for His Majesty's Prison Service and the National Probation Service, but these have been transferred to the Ministry of Justice.
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ranking Great Officer of State in Scotland and England, nominally outranking the prime minister. The lord chancellor is appointed and dismissed by the sovereign on the advice of the prime minister. Prior to the union of England and Scotland into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England and the Kingdom of Scotland. Likewise, the Lordship of Ireland and its successor states maintained the office of lord chancellor of Ireland until the establishment of the Irish Free State in 1922, whereupon the office was abolished.
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations.
Charles Leslie Falconer, Baron Falconer of Thoroton, is a British Labour politician, peer and barrister who served as Lord Chancellor and Secretary of State for Justice under Prime Minister Tony Blair from 2003 to 2007.
The Department for Constitutional Affairs (DCA) was a United Kingdom government department. Its creation was announced on 12 June 2003; it took over the functions of the Lord Chancellor's Department. On 28 March 2007 it was announced that the Department for Constitutional Affairs would take control of probation, prisons and prevention of re-offending from the Home Office and be renamed the Ministry of Justice. This took place on 9 May 2007.
The secretary of state for justice is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the United Kingdom. Since the office's inception, the incumbent has concurrently been appointed Lord Chancellor.
The law officers are the senior legal advisors to His Majesty's Government of the United Kingdom and devolved governments of Northern Ireland, Scotland and Wales. They are variously referred to as the Attorney General, Solicitor General, Lord Advocate, or Advocate General depending on seniority and geography – though other terms are also in use, such as the Counsel General for Wales. Law officers in these roles are distinguished by being political appointees, while also being bound by the duties of independence, justice and confidentiality among the other typical professional commitments of lawyers. These roles do not have any direct oversight of prosecutions nor do they directly lead or influence criminal investigations. This is a distinguishing factor between law officers and the state attorneys general of the United States or US Attorney General.
The Northern Ireland Office is a ministerial department of the Government of the United Kingdom. It is responsible for handling Northern Ireland affairs. The NIO is led by the Secretary of State for Northern Ireland and is based at Erskine House in Belfast City Centre and 1 Horse Guards Road in London.
The Wales Office, known as the Office of the Secretary of State for Wales between 2017 and 2024, is a department of His Majesty's Government. It replaced the former Welsh Office, which had extensive responsibility for governing Wales prior to Welsh devolution in 1999.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
The Isle of Man is not part of the United Kingdom, but to a large extent its relations with other countries are handled by the United Kingdom.
The responsibility of Privy Counsellor for the Crown Dependencies is currently assigned to the holder of the office of Secretary of State for Justice of the United Kingdom. In this capacity, the Secretary of State is acting as a privy counsellor, and not in their capacity as a minister of the United Kingdom government. The relationship with of the Channel Islands is "technically with the Crown", and not the United Kingdom government, and hence the responsibilities are not part of the Secretary of State for Justice's ministerial portfolio.
The relationship between us and the Crown Dependencies is a subtle one. They are dependencies of the Crown, they are not part of the United Kingdom, so the responsibilities I have for them are as a privy councillor.
The Department of Justice is a government department in the Northern Ireland Executive, which was established on 12 April 2010 as part of the devolution of justice matters to the Northern Ireland Assembly. The department's Permanent Secretary is Hugh Widdis. It combines the previous work of the Northern Ireland Office and the Ministry of Justice, within the United Kingdom Government, which were respectively responsible for justice policy and the administration of courts in Northern Ireland.
The government of the United Kingdom, officially His Majesty's Government, abbreviated to HM Government, is the central executive authority of the United Kingdom of Great Britain and Northern Ireland. The government is led by the prime minister who selects all the other ministers. The country has had a Labour government since 2024. The prime minister Keir Starmer and his most senior ministers belong to the supreme decision-making committee, known as the Cabinet.
The Parliamentary Under-Secretary of State for Justice is a junior position in the Ministry of Justice in the British Government. The present incumbent is Lord Ponsonby of Shulbrede.
The Bailiwick of Jersey has an unwritten constitution arising from the Treaty of Paris (1259). When Henry III and the King of France came to terms over the Duchy of Normandy, the Norman mainland the suzerainty of the King of France. The Channel Islands however remained loyal to the British crown due to the loyalties of its Seigneurs. But they were never absorbed into the Kingdom of England by any Act of Union and exist as "peculiars of the Crown".