Ministry of Justice (United Kingdom)
The Ministry of Justice is a ministerial department of the British Government headed by the Secretary of State for Justice and Lord Chancellor. The department is 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 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.
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 Ministry of Justice of UK might oversee the administration of justice in Jersey, Guernsey and the Isle of Man, as well as Saint Helena, Ascension and Tristan da Cunha and the Falkland Islands. Gibraltar, another British overseas territory, has its own Ministry of Justice.
Responsibilities
UK-wide
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.
The Deputy Prime Minister and Secretary of State for Justice have joint responsibility for a commission on a British bill of rights. The British bill of rights is 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 would also end the binding authority the European Court of Human Rights' has over British courts.
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
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 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, 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 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.
Crown dependencies
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 with the Islands on extending British legislation to them. It also ensures that relevant British legislation is extended to the islands smoothly.
Ministers
The Ministers in the Ministry of Justice are as follows:Minister | Rank | Portfolio |
Robert Buckland QC MP | Secretary of State Lord Chancellor | 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. Lord Keen of Elie QC | Advocate General for Scotland Spokesperson for the Lords | Departmental business in the Lords, Office of the Advocate General for Scotland, and advising the Secretary of State on civil justice, legal services, Global Britain, relationship with the legal profession, claims management regulation and the Crown dependencies. |
Lucy Frazer QC 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 ; Offender health; Female offenders; Transgender offenders; Veteran offenders; Foreign national offenders ; Offender rehabilitation and release; Reducing Reoffending ; Extremism; ROTL and HDC; Electronic monitoring ; Youth Justice. |
Kit Malthouse MP | Minister of State for Crime, Policing and the Fire Service | cross-cutting criminal justice system issues. In particular:
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Alex Chalk MP | Parliamentary Under-Secretary of State for Justice | Family law and justice; Domestic abuse and violence ; Legal aid; Legal support; Victims and witnesses; Mental capacity and the Office of the Public Guardian; Race disparity in the justice system; Coroners, burials, inquests and inquiries; Miscarriages of justice; Criminal law; Human Rights; Lawfare; Devolved Administrations and devolution; Independent Monitoring Authority; Shadow Commons minister for Lord Keen's portfolio; Supporting the Secretary of State on future EU relationship and international business; Parliamentary Minister. |
Chris Philp MP | Parliamentary Under-Secretary of State for the Courts | Foreign national offenders and removing barriers to removal; Immigration system legal reform; Joint Spending Review bids ; Immigration crime sentencing reform; Detained fast track; Sentencing; Court and tribunal services and reform; Court and tribunal fees; Administrative justice: Supporting the Secretary of State on departmental finance portfolio. |