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‘Activist judges’ or an all-powerful justice secretary?

08 October 2025
Issue: 8134 / Categories: Legal News , Profession , Criminal , Immigration & asylum , Human rights
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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

Quillon Law—Neil Dooley

Quillon Law—Neil Dooley

Disputes firm expands fraud and investigations practice with partner hire

Charles Russell Speechlys—Vadim Romanoff

Charles Russell Speechlys—Vadim Romanoff

Firm strengthens corporate tax and incentives team with partner hire

Burges Salmon—Gary Delderfield & Alec Bennett

Burges Salmon—Gary Delderfield & Alec Bennett

Partner and senior associate join pensions team

NEWS
NLJ columnist Stephen Gold dives into the quirks of civil practice, from the Court of Appeal’s fierce defence of form N510 to fresh reminders about compliance and interest claims, in this week's Civil Way
Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has restated a fundamental truth, writes John Gould, chair of Russell-Cooke, in this week's NLJ: only authorised persons can conduct litigation. The decision sparked alarm, but Gould stresses it merely confirms the Legal Services Act 2007
The government’s decision to make the Financial Conduct Authority (FCA) the Single Professional Services Supervisor marks a watershed in the UK’s fight against money laundering, says Rebecca Hughes of Corker Binning in this week's NLJ. The FCA will now oversee 60,000 firms across legal and accountancy sectors—a massive expansion of remit that raises questions over resources and readiness 
The High Court's decision in Parfitt v Jones [2025] EWHC 1552 (Ch) provided a striking reminder of the need to instruct the right expert in retrospective capacity assessments, says Ann Stanyer of Wedlake Bell in NLJ this week
Paige Coulter of Quinn Emanuel reports on the UK’s first statutory definition of SLAPPs under the Economic Crime and Corporate Transparency Act 2023in NLJ this week
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