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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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

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The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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