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27 March 2008 / Edwina Millward
Issue: 7314 / Categories: Features , Public , Regulatory , Constitutional law
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A new partnership

Edwina Millward is optimistic that the Ministry of Justice can benefit both the prison service and the courts

Rapid change and the judiciary are extremely rare bedfellows. So, after the attempts by the former lord chancellor, Lord Falconer, to abolish himself in June 2003, the signing of the Concordat in January 2004, the passing of the Constitutional Reform Act in 2005 and then its implementation in April 2006, the judiciary had hoped for a period of consolidation as the lord chief justice settled into his new role as head of the judiciary. However, barely had he assumed his new responsibilities than there were leaks of the possible creation of a Ministry of Justice (MOJ), to include prisons and probation, in place of the much smaller Department for Constitutional Affairs.

For the judiciary, their concerns over the creation of the MOJ were twofold. One was its effect on their independence; clear water had to be placed between Her Majesty’s Court Service (HMCS) as the vehicle through which judges do their business and those

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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