Digest

REPORTS

Adoption: a vision for change
Details how the government plans to address challenges in the adoption system over the next four years. This paper sets out: progress since 2010; current challenges; and the government’s vision for the adoption system in 2020 and how it will be achieved.

CJC response to the interim report for the civil courts structure review (CCSR)
The Civil Justice Council’s response to Lord Justice Briggs’ interim report on civil justice.

Criminal legal aid manual: applying for legal aid in criminal cases in the magistrates’ and Crown Court
This manual is designed to provide comprehensive information and guidance on the criminal legal aid application process for magistrates’ court and relevant Crown Court proceedings for defence practitioners. It also covers the application process for proceedings in civil venues that are deemed criminal for the purpose of legal aid.

Economic value of the legal services sector
In an independent analysis undertaken for the Law Society by Cambridge Econometrics, the first-ever investigation of the wider economic value of UK legal services shows, among other things, that: 8,000 new jobs are created and £379m is added to the economy for every 1% growth in the UK legal services sector; and the sector grew by 8% from 2014 to 2015.

Dangerous trends in modern legislation
Author Daniel Greenberg, a leading parliamentary draughtsman, warns that the length of new bills and the number of clauses they include is becoming so great that parliament is unable to scrutinise them properly. Published by the Centre for Policy Studies, this report shows how the average number of clauses included within bills has doubled. To counter these trends, the author suggests that publicity and transparency on the degree of parliamentary scrutiny of bills could be effective.

Lowering barriers to accessing services: lessons from other sectors
The focus of this Legal Services Board report was on measures that could make services more accessible for consumers. Within this, the report concentrates on initiatives that could be of interest to the approved regulators However, representative bodies and others who have an important role to play in lowering barriers may also find this report useful.

Pillars & foundations: next practice in children’s services. A think piece
The Association of Directors of Children’s Services (ADCS) has published a ‘think piece’ written by Richard Selwyn, assistant director commissioning, children and young people services, at Suffolk County Council, working closely with the ADCS resources and sustainability policy committee, which is designed to stimulate thinking, challenge and debate in the sector

Prices of individual consumer legal services: research report
This Legal Services Board research report is on improving the accessibility of legal services. The research looks at the prices that consumers pay for a number of the most commonly used legal services. 

Sorting out finances on divorce
This guidance on financial needs is designed to help litigants in person who may be confronting the prospect of negotiating their own agreements in the context of divorce and family breakdown. This Family Justice Council guide is intended to demystify what is a complex area of law.

Standing alone: Going to the family court without a lawyer
Since funding for legal aid was reduced in 2013, there has been a decrease in the number of people able to access legal advice and representation. Since 2013, two-thirds of Citizens Advice advisers report an increase in the number of people they see going to court without representation; and more than one-half of the Citizens Advice network has seen an increase in the number of people choosing not to resolve their family problems.

Wales manifesto for advice
The Low Commission’s manifesto for advice in Wales is directed towards the next Welsh Government and Assembly, regardless of political composition, and to other institutions in Wales.

Available at www.lowcommission.org.uk/dyn/1459955052268/WalesManifesto_English_web.pdf (in English) and at: http://tinyurl.com/zjoc35c (in Welsh)

CONSULTATIONS

Reduction in sentence for a guilty plea
The Sentencing Council is consulting on a draft reduction in sentence for a guilty plea guideline and is seeking the views of people interested in criminal sentencing. The council has designed the revised guideline for guilty plea reductions to clarify the levels of reduction appropriate for the different stages at which the plea is entered. The revised guideline seeks to encourage those defendants who are aware of their guilt to enter a plea as early in the court process as possible. The consultation ends on 5 May 2016.

Revising PACE codes C, D and H

These draft versions of codes of practice C, D and H are being circulated for consultation in keeping with Police and Criminal Evidence Act (PACE) 1984 s67(4). Code C concerns the detention, treatment and questioning of persons detained under PACE; code D concerns identification by witnesses and the taking of fingerprints, DNA, photographs and other biometric information; and code H concerns persons detained under the terrorism provisions. Responses must be received no later than 17 May 2016.

Converting to a charitable incorporated organisation

Some charities that have been established with the company structure may wish to convert to the charitable incorporated organisation (CIO) structure, and some community interest companies may also wish to become charities and adopt the CIO structure. These draft regulations would provide a simple process for them to do so. It also sets out a provisional timetable for phased implementation, to assist the Charity Commission in managing anticipated demand for conversions. The consultation invites feedback on the proposed conversion process, and associated consequential changes. This consultation closes on 10 June 2016.

Death certification reforms

This consultation seeks views about certain aspects of the medical examiner system and accompanying draft regulations. The consultation paper also seeks views about making changes to cremation regulations when the current role of the medical referee who authorises cremations at a crematorium will be abolished, when medical examiners are introduced. The new regulations and any associated guidance are intended to come into force in April 2018. The consultation runs until 15 June 2016.

Lammy Review of BAME representation in the criminal justice system: call for evidence

This independent evidence-based review will look at the way the criminal justice system deals with young people and adults from black and minority ethnic backgrounds. It will address issues arising from the Crown Prosecution Service onwards, including the court system, prisons and young offender institutions, and rehabilitation in the community. The call for evidence ends on 30 June 2016, with a final report to be published in spring 2017.

Updating the Land Registration Act 2002: a consultation paper

The Law Commission is reviewing the legal framework that governs the registration of land in England and Wales. This consultation asks how the Land Registration Act (LRA) 2002 is working in practice and whether there are opportunities for the system to be clarified and updated. The project will consider how the land registration system responds to instances of fraud and ask whether more can be done to help detect fraud and prevent it from happening in the first place. The commission is also seeking views on provisional proposals that will facilitate a more flexible approach to the development of electronic conveyancing than was envisaged by the LRA. The consultation period runs until 30 June 2016.

Case-law Digest