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08 October 2025
Issue: 8134 / Categories: Legal News , Profession , Criminal , Immigration & asylum , Human rights
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‘Activist judges’ or an all-powerful justice secretary?

A future Conservative government would abolish the Sentencing Council and Judicial Appointments Commission (JAC) and sack judges who defended migrants’ rights, shadow justice secretary Robert Jenrick has said

Addressing Conservative Party conference in Manchester this week, Jenrick criticised ‘activist’ judges and complained that ‘dozens of judges’ have ‘broadcast their open borders views’, supported migrant charities or ‘spent their whole careers fighting to keep illegal migrants in this country… The public rightly ask—how independent are they?’

Jenrick said the Conservatives would abolish the JAC and hand over the right to appoint judges to the justice secretary—restoring the old system that existed prior to Prime Minister Tony Blair’s reforms in 2006. The justice secretary would also set sentencing policy under a future Conservative government, while the Sentencing Council would be abolished.

Jenrick said the public were sick of ‘voting for tougher sentences and getting the opposite.

‘No longer will an unaccountable quango be able to subvert the will of the British people for criminals to be properly punished’.

In May, the government committed to introducing a presumption against short sentences and expanding the use of community sentencing, as recommended by Jenrick’s Conservative predecessor David Gauke, who served as justice secretary under Prime Minister Theresa May.

Party leader Kemi Badenoch used her conference speech to announce the next Conservative manifesto will contain a commitment to leave the European Convention on Human Rights (ECHR) and repeal the Human Rights Act.

However, Law Society president Richard Atkinson accused the Conservative Party of ‘putting political interest above the public good.

‘It protects us from the power of the state. Without the backstop of the ECHR, governments of whatever party will be able to erode our rights with no come-back. We can tighten border controls without stripping the British public of their rights under the ECHR.’

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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