The Magistrates’ Courts (Detention and Forfeiture of Terrorist Cash) (Amendment) Rules 2017

These Rules amend Magistrates’ Courts (Detention and Forfeiture of Terrorist Cash) (No 2) Rules 2001 (“the 2001 Rules”), which prescribe the procedure to be followed for applications to a magistrates’ court for the detention, further detention, forfeiture or release of cash seized under Parts 1-4 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (“ATCSA”).

Link: The Magistrates’ Courts (Detention and Forfeiture of Terrorist Cash) (Amendment) Rules 2017
Source: Legislation .gov.uk

The Magistrates’ Courts (Detention and Forfeiture of Terrorist Assets) Rules 2017

These Rules prescribe the procedure to be followed for applications to a magistrates’ court for orders under Part 4A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (“ATCSA”). Part 4A of Schedule 1 to ATCSA was inserted by Schedule 3 to the Criminal Finances Act 2017 (c.22), and makes provision for the forfeiture of terrorist funds held in bank and building society accounts. These Rules provide the relevant procedure for:

Link: The Magistrates’ Courts (Detention and Forfeiture of Terrorist Assets) Rules 2017
Source: Legislation .gov.uk

The Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 2017

These Rules prescribe the procedure to be followed for applications to a magistrates’ court for orders under Chapter 3A of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (“POCA”). Chapter 3A of Part 5 of POCA was inserted by section 15 of the Criminal Finances Act 2017 (c.22), and makes provision for the forfeiture of certain listed items of personal or moveable property, where the listed property derives from, or is intended for use in, unlawful conduct. The property to which the forfeiture powers apply is listed in section 303B of POCA. These Rules provide the relevant procedure for:

Link: The Magistrates’ Courts (Detention and Forfeiture of Listed Assets) Rules 2017
Source: Legislation .gov.uk

Press release: Justice Secretary pledges commitment to tackling racial inequality in the Criminal Justice System

The Lammy review, published in October, found evidence that people from black and minority ethnic backgrounds have a worse experience of the CJS. David Lammy’s findings included striking statistics which show starkly the work that will be required to address this deep-rooted problem – this includes the fact that BAME men and women represent 25% of prisoners, despite making up just 14% of the population.

David Lammy made a range of recommendations, including that data should be published and analysed regularly on ethnicity and the CJS, and that deferred prosecution models should be explored further.

The Justice Secretary today pledged to take forward work around each of the 35 recommendations – making clear that action had been taken on several already – and went even further by challenging all parts of the criminal justice system to seek out further opportunities to challenge race bias.

While some of the changes will take longer to achieve than others, the Ministry of Justice (MoJ) has already made progress on several recommendations. For example, prison governors have been asked to immediately implement the recommendation to establish a diverse forum in prisons to review the use of force. Meanwhile, the Ministry of Justice has met several recommendations by publishing data that has never been compiled or released before on race bias in the CJS. This includes a breakdown by ethnicity of parole board hearing outcomes and the educational background of offenders, linking with data held by the Department for Education – and the MoJ will take every opportunity to keep adding new data.

Today’s response builds on the work already announced by the Prime Minister earlier this year when she published the Race Disparity Audit. The Prime Minister challenged society to “explain or change” the disparities which were uncovered.

Academics, campaigners and think-tanks will have an open invitation to scrutinise data on race bias. Where the MoJ cannot explain discrepancies in the way different groups are treated – it will make reforms to address them.

Where a recommendation in the Lammy review cannot be implemented in full or exactly as recommended, further work will be carried out and an alternative approach will be found that achieves the same aim.

The Ministry of Justice also committed to doing everything possible to encourage and support other organisations to take action to meet their specific recommendations.

Justice Secretary David Lidington said:

This Government is committed to exposing injustice wherever it exists. Where we cannot explain differences in outcomes for different groups, we will reform.

Effective justice simply cannot be delivered unless everyone has full confidence in our Criminal Justice System.

This is the very first step in a change of attitude towards race disparity that will touch on every part of the criminal justice system for years to come.

Ministers have also started discussions with the Mayor’s Office for Policing and Crime about piloting a deferred prosecution scheme in the capital.

Work will be driven forward by a new Race and Ethnicity Board, made up of the key partners in the CJS responsible for implementing the Lammy recommendations. The Board will work with external stakeholders to inform and encourage challenge on its progress. Extensive publication of data will ensure the Ministry of Justice and partners across the CJS are held to account for reducing race bias.

Notes to Editors:

  • The Government’s response to David Lammy will be published on the Ministry of Justice web page on Gov.UK at 9.30am on Tuesday 19 December.
  • The Government’s ‘Ethnicity Facts and Figures’ website can be found at http://www.ethnicity-facts-figures.service.gov.uk

Link: Press release: Justice Secretary pledges commitment to tackling racial inequality in the Criminal Justice System
Source: Gov Press Releases

Press release: Government launches plan to increase participation in democracy

The government has launched the first ever Democratic Engagement Plan today (19 December 2017) to tackle democratic exclusion and outline how it will increase participation among under registered groups.

The Minister for the Constitution Chris Skidmore launched the Plan today at the first meeting of the National Democracy Week Council, made up of organisations from across the civil society sector, working in partnership with government.

The Council has been established to plan activities for a week of unified national action that will take place between 2 to 6 July next year in celebration of two significant anniversaries – 100 years since women won the right to vote and 90 years since women won equal voting rights to men.

The Democratic Engagement Plan, launched today, follows the ‘Every Voice Matters’ tour, which over the last year has visited every region and nation in Great Britain. The Minister met over 100 organisations that represent people who are underrepresented on the electoral register, gathering insight on the barriers these groups face engaging with the democratic process.

The Plan sets out our approach to creating an inclusive democracy by:

  • building on record levels of voter registration and identifying where there is more to do
  • further encouraging participation to make our democracy more inclusive than ever
  • launching National Democracy Week to promote democratic engagement
  • identifying the barriers faced by specific groups that are currently under-represented on the electoral register

Also, today is the next stage of the government’s plans to make changes to anonymous registration, making it more accessible for those who need it most. The draft legislation will be laid in Parliament, if it is approved we anticipate the changes will come into force in time for the May local elections in England.

Minister for the Constitution, Chris Skidmore said:

I am pleased to publish the first Democratic Engagement Plan which sets out our longer-term approach to encouraging democratic participation.

We now have a better understanding of how participation differs between different groups and areas and this plan sets out how best we can engage with those who are under-registered so ours is a democracy that works for everyone.

We want to ensure that everyone eligible who wishes to register to vote and participate in our democracy is given the opportunity to do so. There are still millions of people who are not enrolled on the electoral register or choose not to vote. But as this Plan shows, in our democracy, every voice matters.

Link: Press release: Government launches plan to increase participation in democracy
Source: Gov Press Releases

Press release: PM call with President Erdogan of Turkey: 18 December 2017

A Downing Street spokesperson said:

This evening the Prime Minister spoke with President Erdogan of Turkey. The leaders reflected on the significant strengthening of ties between our two countries since the Prime Minister’s visit to Turkey earlier this year. They also acknowledged Turkish Prime Minister Yildirim’s recent positive visit to the UK.

They noted the deepening of defence industry co-operation between the UK and Turkey, including through the joint TFX fighter venture.

The Prime Minister and the President discussed the US decision to recognise Jerusalem as the capital of Israel. The Prime Minister reiterated that the UK disagreed with the decision and believed it to be unhelpful in terms of prospects for peace in the region. She added that the status of Jerusalem should be determined in a negotiated settlement between the Israelis and the Palestinians, and that Jerusalem should ultimately form a shared capital between the Israeli and Palestinian states.

The Prime Minister noted the importance of continuing to work with the United States to encourage them to bring forward proposals that will reenergise the peace process.

The Prime Minister and President Erdogan expressed their continuing commitment to a two-state solution.

They looked forward to meeting again in person at the earliest opportunity.

Link: Press release: PM call with President Erdogan of Turkey: 18 December 2017
Source: Gov Press Releases

Press release: Government commits to increase diversity of all public appointments by 2022

The Diversity Action Plan includes a commitment that by 2022, half of all public appointees should be female and 14% should be from ethnic minorities, bringing representation on public boards in line with the wider population.

The 10-point Diversity Action Plan sets out how the government will deliver these commitments by continuing with existing measures which are working well, and introducing new activities to support further progress. The new activities outlined in the plan include establishing a mentoring programme and developing an Inclusive Boards Charter which will set standards for inclusivity for chairs and their boards.

Considerable progress has already been made in increasing gender diversity among new public appointees. In 2016 to 17, the proportion of new public appointments going to women rose to 49% from 34% in 2013 to 14, and 96% of all shortlists in 2016 to 17 were made up of both male and female candidates.

The launch of the plan marks the first time that the government has published data on the status of diversity across all public appointments. Of the 5,500 public appointees currently in post, 43% are female and 10% are from ethnic minorities.

Minister for the Constitution, Chris Skidmore said:

I am heartened by the increase in women being appointed to public boards but there’s more we need to do across all aspects of diversity. Today we published a Diversity Action Plan which sets out how we will make public appointments even more open and accessible to all.

We need diverse ideas and perspectives at the helm of our public bodies, so it is vital that public appointees truly reflect the society they serve.

Peter Riddell CBE, Commissioner for Public Appointments said:

I welcome the ambitious targets set out in the Diversity Action Plan as an important sign of the government’s commitment to delivering greater diversity.

The activities outlined in the plan are key to encouraging more diverse fields of applicants to apply for positions on public boards. Success will require a sustained will on the part of Ministers, departments and public bodies.

To apply for a Public Appointment, visit the Public Appointments website.

Link: Press release: Government commits to increase diversity of all public appointments by 2022
Source: Gov Press Releases

Press release: Plan your A303 journeys ahead of Winter Solstice event at Stonehenge

Up to 3,000 people are expected to visit Stonehenge on the morning of Friday, 22 December, and with limited parking on site, English Heritage is once again urging visitors to use public transport or car share.

The Monument Field will be opened at approximately 7.45am, dependent on light levels, and will close at 10am.

To assist the flow of traffic both before and after the event, a 40mph speed limit will be in place on the A303 between the Countess roundabout and Longbarrow roundabout, with the lay-bys closed in between.

Gareth Price, Highways England emergency planning officer for the south west, said:

We are anticipating traffic volumes to increase around the event, and our aim is to keep the Highways England network running while keeping road users safe and informed.

The traffic management will be in place for safety and to keep disruption to a minimum, and we advise all road users to check our traffic and travel information channels, plan their journeys and allow plenty of time.

Drivers can obtain up-to-the-minute travel information on Twitter, by phoning the Highways England Information Line on 0300 123 5000 or by accessing the website.

Find out more information on the Winter Solstice event.

General enquiries

Members of the public should contact the Highways England customer contact centre on 0300 123 5000.

Media enquiries

Journalists should contact the Highways England press office on 0844 693 1448 and use the menu to speak to the most appropriate press officer.

Link: Press release: Plan your A303 journeys ahead of Winter Solstice event at Stonehenge
Source: Gov Press Releases

News story: Tyne and Wear man fined for waste offences

Jonathan Patrick Finn of Flaxtead Grange, Sunderland Road, Newbottle, was charged with illegally storing and treating mixed waste when he appeared before South Tyneside Magistrates’ Court on 12 December 2017.

He admitted the charges brought by the Environment Agency and was handed a £200 fine with £1,530 costs.
The court heard how Finn leased a dead end area of land adjacent to the railway line on the north side of Sheepfolds Road, Sunderland, in January 2016.

The land had previously been fly tipped and Finn was offered six months’ rent free and £3,000 in return for lawfully disposing of the waste. Instead, Finn added to it.

Between 4 and 8 January 2016, CCTV captured a red flat back lorry laden with waste approaching the site. Footage then shows the lorry, owned by Finn’s father and being used by Finn at the time, leaving empty a short time later. On 4 January a fire was also photographed on the site.

When Environment Agency officers visited the site on 2 February 2016 they saw around five tonnes of waste, including construction waste, plastics and timber on the road outside. Inside they saw large amounts of mixed waste including household waste, sofas and plastics.

The court heard that Environment Agency officers visited the site twice more between 23 February and 24 March 2016, each time reporting an increase in waste.

Further photographic evidence taken during this time shows four loads of waste deposited on the back of a lorry registered in Finn’s name.

In May 2016, the land owner was given four weeks to clear the waste after Environment Officers were informed that Finn had abandoned the site.

On a subsequent visit they discovered that the waste was being cleared to a site at the Pallion Industrial Estate in Sunderland owned by Finn’s father, John Finn, who later confirmed that some of the waste had come from the Sheepfolds Road site.

Finn attended an interview on 17 October 2016 during which he admitted to burning waste and operating a waste recycling business without a permit.

Rachael Caldwell from the Environment Agency said:

Environmental laws are there to protect communities and the environment from pollution.

Anyone who operates outside of these laws is not only breaking them but is more likely to commit greater harm, which is why we will pursue them and, where repeated or significant breaches are found, we will prosecute.

A trial involving another defendant allegedly linked to the illegal storing and treatment of waste on the site is set to take place next year.

Link: News story: Tyne and Wear man fined for waste offences
Source: Environment Agency

The Oversight of Professional Body Anti-Money Laundering and Counter Terrorist Financing Supervision Regulations 2017

These Regulations give the Financial Conduct Authority (“FCA”) powers to supervise professional body anti-money laundering supervisors (“self-regulatory organisations”), in relation to compliance with anti-money laundering and counter terrorist financing requirements.

Link: The Oversight of Professional Body Anti-Money Laundering and Counter Terrorist Financing Supervision Regulations 2017
Source: Legislation .gov.uk